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

Right to Redeem; Notice to Trustee. The Securities may be redeemed at the election of the Company, as a whole or from time to time in part, at any time on or after November 20, 2010, at a redemption price equal to 100% of the principal amount of the Securities being redeemed, 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 the Redemption Date falls after an interest payment record date and on or before an Interest 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, it shall notify the Trustee at least 30 days prior to the Redemption Date as fixed by the Company 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 at the election of the Company, as a whole or from time to time in part, at any time on or after November 20December 1, 20102020, at a redemption price equal to 100% the Redemption Price in Cash specified in Paragraph 5 of the principal amount form of the Securities being redeemedSecurity attached hereto as Exhibit A, plus together with accrued and unpaid interest, Contingent if any (including Additional Interest, if any, and Liquidated Damages, if any), up to, but not includingexcluding, the Redemption Date; provided that . However, if the Redemption Date falls after an interest payment record date a Regular Record Date and on or before an prior to the corresponding Interest Payment Date, then the Company will pay the full amount of accrued and unpaid interest to the Interest Payment Dateinterest, if any (including Contingent Additional Interest, if any), and Liquidated Damages, if any, will be payable due on such Interest Payment Date to the Holders in whose name the Securities are registered Holder of record 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 continuingcorresponding Regular Record Date. If the Company elects to redeem Securities pursuant to this Section 3.13.01 and 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 at the election of the Company, as a whole or from time to time in part, at At any time on or after November 20June 6, 20102013, 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 a the Redemption Price. The redemption price will equal to 100% of the principal amount Accreted Principal Amount of the Securities being redeemed, plus accrued and unpaid interest, Contingent Interest, if any, and Liquidated Damages, if any, up to, but not including, the Redemption DateDate (the “Redemption Price”); provided that provided, however, that, if the Redemption Date falls is after an interest payment record date a Regular Record Date and on or before an prior to the corresponding Interest Payment Date, then the Company shall pay the full amount of accrued and unpaid interest Interest payable on such Interest Payment Date 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 Holder of record 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 continuingcorresponding Regular Record Date. If the Company elects to redeem Securities pursuant to this Section 3.111.01, 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 70 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 at the election of the Company, as a whole or from time to time in part, at any time on or after November 20July 6, 20102011, at a the redemption price equal to 100% prices (expressed as percentages of the principal amount of the Securities being redeemed, plus ) set forth below together with accrued and unpaid interest, including Contingent Interest, if any, and Liquidated Damages, if any, up to, but not including, the date selected by the Company for redemption of the Securities (such prices the “Redemption Price” and such dates the “Redemption Date; ”): Period Redemption Price July 6, 2011 through June 30, 2012 — % July 1, 2012 through June 30, 2013 — % July 1, 2013 and thereafter 100 % provided that if the Redemption Date falls after is an interest payment record date and on or before an Interest Payment Datedate, 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 continuingrelevant Record Date. If the Company elects to redeem Securities pursuant to this Section 3.13.1 and paragraph 5 of the Securities, it shall notify the Trustee at least 30 60 days (but no fewer than 25 days) prior to the Redemption Date as fixed by the Company 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.