Common use of Right to Redeem; Notice to Trustee Clause in Contracts

Right to Redeem; Notice to Trustee. The Securities may be redeemed for cash at the election of the Company, as a whole or from time to time in part, at any time on or after August 5, 2006, at 100% of the principal amount thereof, together with accrued and unpaid interest, if any, up to, but not including, the Redemption Date; provided that if interest is payable on the Securities and the Redemption Date falls after an interest payment record date and on or before an interest payment date, then the interest will be payable to the Holders in whose name the Securities are registered at the close of business on the interest payment record date. If the Company elects to redeem Securities pursuant to this Section 3.1 and paragraph 6 of the Securities, it shall notify the Trustee at least 30 days prior to the Redemption Date as fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee) of the Redemption Date and the principal amount of Securities to be redeemed. If fewer than all of the Securities are to be redeemed, the record date relating to such redemption shall be selected by the Company and given to the Trustee, which record date shall not be less than ten days after the date of notice to the Trustee.

Right to Redeem; Notice to Trustee. The Securities may be redeemed for cash at the election of the Company, as a whole or from time to time in part, at any time on or after August 5November 20, 20062010, at a redemption price equal to 100% of the principal amount thereofof the Securities being redeemed, together with plus accrued and unpaid interest, Contingent Interest, if any, and Liquidated Damages, if any, up to, but not including, the Redemption Date; provided that if interest is payable on the Securities and the Redemption Date falls after an interest payment record date and on or before an interest payment dateInterest Payment Date, then the full amount of accrued and unpaid interest to the Interest Payment Date, including Contingent Interest, if any, and Liquidated Damages, if any, will be payable to the Holders in whose name the Securities are registered at the close of business on the interest payment record date. The Company may not redeem the Securities pursuant to this Section 3.1 if the Company has defaulted in the payment of interest or Contingent Interest, if any, on the Securities and such default is continuing. If the Company elects to redeem Securities pursuant to this Section 3.1 and paragraph 6 of the Securities3.1, it shall notify the Trustee at least 30 days prior to the Redemption Date as fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee) of the Redemption Date and the principal amount of Securities to be redeemed. If fewer than all of the Securities are to be redeemed, the record date relating to such redemption shall be selected by the Company and given to the Trustee, which record date shall not be less than ten days after the date of notice to the Trustee.

Right to Redeem; Notice to Trustee. The Securities may be redeemed for cash at the election of the Company, as a whole or from time to time in part, at any time on or after August 5, 2006, the times and at 100% the Redemption Prices specified in paragraph 5 of the principal amount thereofform of Security attached hereto as Exhibit A, together with accrued interest and unpaid interestAdditional Interest, if any, up to, but not including, the Redemption Date; provided that if interest is payable on the Securities and the Redemption Date falls after an interest payment record date and on or before an interest payment date, then the interest will be payable to the Holders in whose name the Securities are registered at the close of business on the interest payment record date. If the Company elects to redeem Securities pursuant to this Section 3.1 and paragraph 6 5 of the Securities, it shall notify the Trustee at least 30 25 days prior to the Redemption Date as fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee) of the Redemption Date and the principal amount of Securities to be redeemed. If fewer than all of the Securities are to be redeemed, the record date relating to such redemption shall be selected by the Company and given to the Trustee, which record date shall not be less than ten days after the date of notice to the Trustee.

Right to Redeem; Notice to Trustee. The Securities may be redeemed for cash at the election of the Company, as a whole or from time to time in part, at any time on or after August 5, 2006, at 100% the redemption prices specified in paragraph 5 of the principal amount thereofform of Security attached hereto as Exhibit A-1, together with accrued and unpaid interest, if any, interest up to, to but not including, including the Redemption Date; provided that if interest is payable on the Securities and the Redemption Date falls after an interest payment record date and on or before an interest payment date, then the interest will may not be payable so redeemed prior to the Holders fifth anniversary of their issuance unless the closing price per share of the Common Stock for any 45 consecutive trading days ending no more than 30 calendar days prior to the date notice of redemption is first mailed is at least 140% of the Adjusted IPO Price then in whose name the Securities are registered at the close of business on the interest payment record dateeffect. If the Company elects to redeem Securities pursuant to this Section 3.1 and paragraph 6 5 of the Securities, it shall notify the Trustee at least 30 100 days prior to the Redemption Date redemption date as fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee) of the Redemption Date redemption date and the principal amount of Securities to be redeemed. If fewer than all of the Securities are to be redeemed, the record date relating to such redemption shall be selected by the Company and given to the Trustee, which record date shall not be less than ten five days after the date of notice to the Trustee.

Right to Redeem; Notice to Trustee. The Securities may be redeemed for cash at the election of the Company, as a whole or from time to time in part, at any time on or after August 5March 20, 20062004, on at 100% least 20 days and no more than 60 days notice at the redemption prices specified in paragraph 5 of the principal amount thereofform of Security attached hereto as Exhibit A, together with accrued and unpaid interest, if any, interest up to, to but not including, including the Redemption Date; provided that if interest is payable on the Securities and the Redemption Date falls after an interest payment record date and on or before is an interest payment date, then the interest will be payable to the Holders in whose name the Securities are registered at the close of business on the interest relevant record dates for payment record dateof such interest. If the Company elects to redeem Securities pursuant to this Section 3.1 and paragraph 6 5 of the Securities, it shall notify the Trustee in writing, at least 30 the earlier of the time the Company notifies the Holders of such redemption or 45 days prior to the Redemption Date redemption date as fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee) ), of the Redemption Date redemption date and the principal amount of Securities to be redeemed. If fewer than all of the Securities are to be redeemed, the record date relating to such redemption shall be selected by the Company and given to the Trustee, which record date shall not be less than ten days after the date of notice to the Trustee.

Right to Redeem; Notice to Trustee. The Securities may be redeemed for cash at the election of the Company, as a whole or from time to time in part, at any time on or after August 5June 20, 2006, at 100% of the principal amount thereofof the Securities (the "Redemption Price"), together with accrued and unpaid interest, if any, interest up to, but not including, the Redemption Date; provided that if interest is payable on the Securities and the Redemption Date falls after an interest payment record date and on or before is an interest payment date, then the interest will shall be payable to the Holders in whose name the Securities are registered at the close of business on the record date for such interest payment record date. If the Company elects to redeem Securities pursuant to this Section 3.1 and paragraph 6 5 of the Securities, it shall notify the Trustee at least 30 25 days but not more than 60 days prior to the Redemption Date as fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee) of the Redemption Date and the principal amount of Securities to be redeemed. If fewer than all of the Securities are to be redeemed, the record date relating to such redemption shall be selected by the Company and given to the Trustee, which record date shall not be less than ten days after the date of notice to the Trustee.

Right to Redeem; Notice to Trustee. The Securities may be redeemed for cash at the election of the Company, as a whole or from time to time in part, at any time on or after August 5December 20, 20062004, at 100% the Redemption Prices specified in paragraph 5 of the principal amount thereofform of Security attached hereto as Exhibit A, together with accrued and unpaid interest, if any, interest up to, but not including, the Redemption Date; provided that if interest is payable on the Securities and the Redemption Date falls after an interest payment record date and on or before an interest payment date, then the interest will be payable to the Holders in whose name the Securities are registered at the close of business on the interest payment record date. If the Company elects to redeem Securities pursuant to this Section 3.1 and paragraph 6 5 of the Securities, it shall notify the Trustee at least 30 25 days prior to the Redemption Date as fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee) of the Redemption Date and the principal amount of Securities to be redeemed. If fewer than all of the Securities are to be redeemed, the record date relating to such redemption shall be selected by the Company and given to the Trustee, which record date shall not be less than ten days after the date of notice to the Trustee.

Right to Redeem; Notice to Trustee. The Securities may be redeemed for cash at the election of the Company, as a whole or from time to time in part, at any time on or after August 5March 20, 20062003, at 100% the redemption prices specified in paragraph 5 of the principal amount thereofform of Security attached hereto as Exhibit A, together with accrued and unpaid interest, if any, interest up to, to but not including, including the --------- Redemption Date; provided that if interest is payable on the Securities and the Redemption Date falls after an interest payment record date and on or before is an interest payment date, then the interest will be payable to the Holders in whose name the Securities are registered at the close of business on the interest relevant record dates for payment record dateof such interest. If the Company elects to redeem Securities pursuant to this Section 3.1 and paragraph 6 5 of the Securities, it shall notify the Trustee at least 30 45 days prior to the Redemption Date redemption date as fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee) of the Redemption Date redemption date and the principal amount of Securities to be redeemed. If fewer than all of the Securities are to be redeemed, the record date relating to such redemption shall be selected by the Company and given to the Trustee, which record date shall not be less than ten days after the date of notice to the Trustee.

Right to Redeem; Notice to Trustee. The Securities may be redeemed for cash at the election of the Company, as a whole or from time to time in part, at any time on or after August 515, 20062008, at a redemption price equal to 100% of the principal amount thereofof the Securities being redeemed, together with accrued and unpaid interest, if any, interest up to, but not including, the date selected by the Company for redemption of the Securities (such price the "Redemption Price" and such date the "Redemption Date"); provided that if interest is payable on the Securities and the Redemption Date falls after an interest payment record date and on or before is an interest payment date, then the interest will be payable to the Holders in whose name the Securities are registered at the close of business on the interest payment record dateRedemption Date. If the Company elects to redeem Securities pursuant to this Section 3.1 and paragraph 6 5 of the Securities, it shall notify the Trustee at least 30 days (but no fewer than 20 days) prior to the Redemption Date as fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee) of the Redemption Date and the principal amount of Securities to be redeemed. If fewer than all of the Securities are to be redeemed, the record date relating to such redemption shall be selected by the Company and given to the Trustee, which record date shall not be less than ten days after the date of notice to the Trustee.

Right to Redeem; Notice to Trustee. The Securities may be redeemed for cash at the election of the Company, as a whole or from time to time in part, at any time on or after August 5December 20, 20062005, at 100% the Redemption Price specified in paragraph 6 of the principal amount thereofform of Security attached hereto as EXHIBIT A, together with accrued and unpaid interest, if any, interest up to, but not including, the Redemption Date; provided that PROVIDED THAT if interest is payable on the Securities and the Redemption Date falls after an interest payment record date and on or before an interest payment date, then the interest will be payable to the Holders in whose name the Securities are registered at the close of business on the interest payment record date. If the Company elects to redeem Securities pursuant to this Section 3.1 and paragraph 6 of the Securities, it shall notify the Trustee at least 30 45 days prior to the Redemption Date as fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee) of the Redemption Date and the principal amount of Securities to be redeemed. If fewer than all of the Securities are to be redeemed, the record date relating to such redemption shall be selected by the Company and given to the Trustee, which record date shall not be less than ten days after the date of notice to the Trustee.

Right to Redeem; Notice to Trustee. The Securities may be redeemed for cash at the election of the Company, as a whole or from time to time in part, at any time on or after August 5March 20, 20062007, on at 100% least 20 days and no more than 60 days notice at the redemption prices specified in paragraph 5 of the principal amount thereofform of Security attached hereto as Exhibit A, together with accrued and unpaid interest, if any, interest (including Contingent Interest) up to, to but not including, including the Redemption Date; provided that if interest is payable on the Securities and the Redemption Date falls after an interest payment record date and on or before is an interest payment date, then the interest will be payable to the Holders in whose name the Securities are registered at the close of business on the interest relevant record dates for payment record dateof such interest. If the Company elects to redeem Securities pursuant to this Section 3.1 and paragraph 6 5 of the Securities, it shall notify the Trustee in writing, at least 30 the earlier of the time the Company notifies the Holders of such redemption or 45 days prior to the Redemption Date redemption date as fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee) ), of the Redemption Date redemption date and the principal amount of Securities to be redeemed. If fewer than all of the Securities are to be redeemed, the record date relating to such redemption shall be selected by the Company and given to the Trustee, which record date shall not be less than ten days after the date of notice to the Trustee.

Right to Redeem; Notice to Trustee. The Securities may be redeemed for cash at the election of the Company, as a whole or from time to time in part, at any time on or after August February 5, 20062005, at 100% the Redemption Prices specified in paragraph 5 of the principal amount thereofform of Security attached hereto as Exhibit A, together with accrued and unpaid interest, if any, interest up to, but not including, the Redemption Date; provided that if interest is payable on the Securities and the Redemption Date falls after an interest payment record date and on or before an interest payment date, then the interest will be payable to the Holders in whose name the Securities are registered at the close of business on the interest payment record date. If the Company elects to redeem Securities pursuant to this Section 3.1 and paragraph 6 5 of the Securities, it shall notify the Trustee at least 30 45 days prior to the Redemption Date as fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee) of the Redemption Date and the principal amount of Securities to be redeemed. If fewer than all of the Securities are to be redeemed, the record date relating to such redemption shall be selected by the Company and given to the Trustee, which record date shall not be less than ten days after the date of notice to the Trustee.

Right to Redeem; Notice to Trustee. (a) The Company, at its option, may redeem the Securities in accordance with the provisions of paragraph 6 of the Securities. Prior to February 18, 2009, the Company may be redeemed not redeem the Securities. Beginning on February 18, 2009, the Company may redeem the Securities for cash in whole at the election of the Companyany time, as a whole or in part from time to time in part, at any time on or after August 5, 2006, at 100% time. If the Company elects to redeem Securities pursuant to paragraph 6 of the principal Securities, it shall notify the Trustee in writing of the Redemption Date, the Principal Amount at Maturity of Securities to be redeemed, the Redemption Price and the amount thereof, together with of accrued and unpaid cash interest, if any, up to, but not including, payable on the Redemption Date; provided that if interest is payable on the Securities and the Redemption Date falls after an interest payment record date and on or before an interest payment date, then the interest will be payable to the Holders in whose name the Securities are registered at the close of business on the interest payment record date. . (b) If the Company elects to redeem Securities pursuant to this Section 3.1 and paragraph 6 of the Securities3.1, it shall notify the Trustee by a Company Order at least 30 45 days prior to the Redemption Date as fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee) of the Redemption Date and the principal amount of Securities to be redeemed. If fewer than all of the Securities outstanding are to be redeemed, the record date relating to such redemption shall be selected by the Company and given to the Trustee, which record date shall not be less than ten days after the date of notice to the Trustee (or such other period reasonably satisfactory to the Trustee).

Right to Redeem; Notice to Trustee. The Securities may be redeemed for cash at the election of the Company, as a whole or from time to time in part, at At any time on or after August 5June 6, 20062013, the Company may redeem any or all of the Securities, except for the Securities that the Company is required to repurchase pursuant to Section 11.08 and Section 11.09, in cash at the Redemption Price. The redemption price will equal 100% of the principal amount thereofAccreted Principal Amount of the Securities being redeemed, together with plus accrued and unpaid interestInterest, if any, up to, but not including, the Redemption DateDate (the “Redemption Price”); provided that provided, however, that, if interest is payable on the Securities and the Redemption Date falls is after an interest payment record date a Regular Record Date and on or before an interest payment date, then the interest will be payable prior to the Holders in whose name corresponding Interest Payment Date, the Securities are registered Company shall pay the full amount of accrued and unpaid Interest payable on such Interest Payment Date to the Holder of record at the close of business on the interest payment record datecorresponding Regular Record Date. If the Company elects to redeem Securities pursuant to this Section 3.1 and paragraph 6 of the Securities11.01, it shall notify the Trustee at least 30 45 calendar days prior to the Redemption Date Date, as fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee) ), of the Redemption Date and the principal amount Accreted Principal Amount of Securities to be redeemed. If fewer than all of Notwithstanding the foregoing, the Company may not redeem any Securities if the Company has failed to pay any Interest due on the Securities are and such failure to be redeemed, the record date relating to such redemption shall be selected by the Company and given to the Trustee, which record date shall not be less than ten days after the date of notice to the Trusteepay is continuing.

Right to Redeem; Notice to Trustee. The Securities may be redeemed for cash at the election of the Company, as a whole or from time to time in part, at any time on or after August 5May 20, 2006, at 100% the Redemption Prices specified in paragraph 5 of the principal amount thereofSecurity, together with accrued and unpaid interest, if any, interest up to, but not including, the Redemption Date; provided that if interest is payable on the Securities and the Redemption Date falls after an interest payment record date and on or before an interest payment date, then the interest will be payable to the Holders in whose name the Securities are registered at the close of business on the interest payment record date. If the Company elects to redeem Securities pursuant to this Section 3.1 and paragraph 6 5 of the Securities, it shall notify the Trustee at least 30 days prior to the Redemption Date as fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee) of the Redemption Date and the principal amount of Securities to be redeemed. If fewer than all of the Securities are to be redeemed, the record date relating to such redemption shall be selected by the Company and given to the Trustee, which record date shall not be less than ten days after the date of notice to the Trustee.

Right to Redeem; Notice to Trustee. The Securities may be redeemed for cash at the election of the Company, as a whole or from time to time in part, at any time on or after August November 5, 20062004, at 100% the Redemption Prices specified in paragraph 5 of the principal amount thereofform of Security attached hereto as Exhibit A, together with accrued and unpaid interest, if any, interest up to, but not including, the Redemption Date; provided that if interest is payable on the Securities and the Redemption Date falls after an interest payment record date and on or before an interest payment date, then the interest will be payable to the Holders in whose name the Securities are registered at the close of business on the interest payment record date. If the Company elects to redeem Securities pursuant to this Section 3.1 and paragraph 6 5 of the Securities, it shall notify the Trustee at least 30 45 days prior to the Redemption Date as fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee) of the Redemption Date and the principal amount of Securities to be redeemed. If fewer than all of the Securities are to be redeemed, the record date relating to such redemption shall be selected by the Company and given to the Trustee, which record date shall not be less than ten days after the date of notice to the Trustee.

Right to Redeem; Notice to Trustee. The Securities may be redeemed for cash at the election of the Company, as a whole or from time to time in part, at any time on or after August 5July 1, 20062008, on at 100% least 20 days' and no more than 60 days' notice at the redemption prices specified in paragraph 5 of the principal amount thereofform of Security attached hereto as EXHIBIT A, together with accrued and unpaid interest, if any, up interest to, but not includingexcluding, the Redemption Date; provided that if interest is payable on the Securities and the Redemption Date falls after an interest payment record date and on or before is an interest payment date, then the interest will be payable to the Holders in whose name the Securities are registered at the close of business on the interest relevant record dates for payment record dateof such interest. If the Company elects to redeem Securities pursuant to this Section 3.1 and paragraph 6 5 of the Securities, it shall notify the Trustee Trustee, at least 30 the earlier of the time the Company notifies the Holders of such redemption or 45 days prior to the Redemption Date redemption date as fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee) ), of the Redemption Date redemption date and the principal amount of Securities to be redeemed. If fewer than all of the Securities are to be redeemed, the record date relating to such redemption shall be selected by the Company and given to the Trustee, which record date shall not be less than ten days after the date of notice to the Trustee.

Right to Redeem; Notice to Trustee. The Securities may be redeemed for cash at the election of the Company, as a whole or from time to time in part, at any time on or after August 5March 20, 20062004, on at 100% least 20 days and no more than 60 days notice at the Redemption Prices specified in paragraph 5 of the principal amount thereofform of Security attached hereto as Exhibit A, together with accrued and unpaid interest, if any, interest up to, to but not including, including the Redemption Date; provided that if interest is payable on the Securities and the Redemption Date falls after an interest payment record date and on or before is an interest payment date, then the interest will be payable to the Holders in whose name the Securities are registered at the close of business on the interest relevant record dates for payment record dateof such interest. If the Company elects to redeem Securities pursuant to this Section 3.1 and paragraph 6 5 of the Securities, it shall notify the Trustee Trustee, at least 30 the earlier of the time the Company notifies the Holders of such redemption or 45 days prior to the Redemption Date as fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee) ), of the Redemption Date and the principal amount of Securities to be redeemed. If fewer than all of the Securities are to be redeemed, the record date relating to such redemption shall be selected by the Company and given to the Trustee, which record date shall not be less than ten days after the date of notice to the Trustee.

Right to Redeem; Notice to Trustee. No sinking fund is provided for the Securities. The Securities shall not be redeemable by the Company prior to December 1, 2020. The Securities may be redeemed for cash at the election of the Company, as a whole or from time to time in part, at any time on or after August 5December 1, 20062020, at 100% the Redemption Price in Cash specified in Paragraph 5 of the principal amount thereofform of Security attached hereto as Exhibit A, together with accrued and unpaid interest, if any (including Additional Interest, if any), up to, but not includingexcluding, the Redemption Date; provided that . However, if interest is payable on the Securities and the Redemption Date falls after an interest payment record date a Regular Record Date and on or before an interest payment date, then the interest will be payable prior to the Holders in whose name corresponding Interest Payment Date, the Securities are registered Company will pay the full amount of accrued and unpaid interest, if any (including Additional Interest, if any), due on such Interest Payment Date to the Holder of record at the close of business on the interest payment record datecorresponding Regular Record Date. If the Company elects to redeem Securities pursuant to this Section 3.1 3.01 and paragraph 6 Paragraph 5 of the Securities, it shall notify the Trustee in writing at least 30 45 days prior to the Redemption Date Date, as fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee) ), of the Redemption Date and the principal amount Principal Amount at Maturity of Securities to be redeemed. If fewer than all of the Securities are to be redeemed, the record date relating to such redemption shall be selected by the Company and given to the Trustee, which record date shall not be less than ten days after the date of notice to the Trustee.

Right to Redeem; Notice to Trustee. The Securities may be redeemed for cash at the election of the Company, as a whole or from time to time in part, at any time on or after August November 5, 20062002, at 100% the redemption prices specified in paragraph 5 of the principal amount thereofform of Security attached hereto as Exhibit A, together with accrued and unpaid interest, if any, interest up to, to but not including, including the Redemption Date; provided that if installments of interest is that are due and payable on interest payment dates falling on or prior to the Securities and the relevant Redemption Date falls after an interest payment record date and on or before an interest payment date, then the interest will be payable to the Holders in whose name the Securities are registered at the close of business on the interest payment relevant record datedates. If the Company elects to redeem Securities pursuant to this Section 3.1 and paragraph 6 5 of the Securities, it shall notify the Trustee at least 30 45 days prior to the Redemption Date redemption date as fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee) of the Redemption Date redemption date and the principal amount of Securities to be redeemed. If fewer than all of the Securities are to be redeemed, the record date relating to such redemption shall be selected by the Company and given to the Trustee, which record date shall not be less than ten days after the date of notice to the Trustee.