Common use of Voluntary Redemption Clause in Contracts

Voluntary Redemption. At any time from and after the Original Issue Date up to but not including the Maturity Date, the Company may, at its option, call and redeem this Series 1 Bridge Note, at the redemption price set forth in subparagraph (i), below, plus accrued and unpaid interest on such redeemed amount through and including the Voluntary Redemption Date, as such term is defined below (such redemption being the "Voluntary Redemption"), under and in accordance with the following terms and procedures: (i) The Company at its option prior to the Maturity Date may redeem this Series 1 Bridge Note at the Redemption Price set forth below plus all accrued and unpaid interest on the principal amount through and including the Voluntary Redemption Date (the "Voluntary Redemption Price") as of a Voluntary Redemption Date: Redemption Date Redemption Price Original Issue Date through and 105% including the 60th day after the Original Issue Date 61st day after the Original Issue 110% Date through and including the 120th day after the Original Issue Date 121st day after the Original Issue 115% Date through and including the 180th day after the Original Issue Date 181st day after the Original Issue 120% Date through and including the 214th day after the Original Issue Date 215th day after the Original Issue 125% Date through and including the date of redemption or conversion (ii) At least ten (10) days before a Voluntary Redemption, the Company shall mail a notice of redemption to Holder, stating (A) the redemption date, which shall be a business day in New York, New York (the "Voluntary Redemption Date"), (B) the aggregate principal amount of this Series 1 Bridge Note to be redeemed, (C) the Voluntary Redemption Price, and (D) the name and address of the Person to whom this Series 1 Bridge Note must be presented to receive payment if required pursuant to paragraph (iv) below. Once notice of redemption is mailed and the Company shall have complied with paragraph (iii) below, the Voluntary Redemption Price shall become due and payable on the Voluntary Redemption Date. (iii) On or before the third (3rd) day prior to the Voluntary Redemption Date, the Company shall deposit into a bank trust account for the benefit of the Holder of this Series 1 Bridge Note money sufficient to pay the Redemption Price and all accrued and unpaid interest. (iv) The Company may, at its option, require as a condition to the receipt of a payment pursuant to this Section 3(b) that Holder present the Series 1 Bridge Notes to the Person specified in paragraph (ii) above for surrender. (v) No Voluntary Redemption of this Series 1 Bridge Note can be effected after the 209th day after the Original Issue Date.

Voluntary Redemption. At The Corporation may, in its sole discretion, elect to redeem for cash all or any time from portion of the outstanding shares of Series A Preferred Stock and after shares of Series B Preferred Stock out of funds lawfully available therefor at a price equal to, (x) for each share of Series A Preferred Stock, a cash amount per share equal to the greater of (1) the Series A Original Issue Date up Price plus an amount equal to all Series A Accruing Dividends unpaid thereon plus any other dividends declared but not including unpaid thereon and (2) a cash amount equal to the Maturity Average Closing Price (as defined below) (such greater cash amount is referred to as the “Series A Redemption Price”); and (y) for each share of Series B Preferred Stock, a cash amount per share equal to the greater of (1) the Series B Original Issue Price plus an amount equal to all Series B Accruing Dividends unpaid thereon plus any other dividends declared but unpaid thereon and (2) a cash amount equal to the Average Closing Price (such greater cash amount is referred to as the “Series B Redemption Price;” the Series A Redemption Price or the Series B Redemption Price, as the case may be, are referred to as the “Applicable Redemption Price”). Notwithstanding anything to the contrary set forth herein, any redemption pursuant to this Section 6(a) shall first apply to any and all issued and outstanding shares of Series B Preferred Stock (such that no shares of Series B Preferred Stock shall be issued and outstanding) and thereafter to the issued and outstanding shares of Series A Preferred Stock. Any redemption pursuant to this Section 6(a) shall be effected on the date (the “Voluntary Redemption Date, the Company may, at its option, call and redeem this Series 1 Bridge Note, at the redemption price ”) that is set forth in subparagraph (i), below, plus accrued and unpaid interest on such redeemed amount through and including the an Initial Voluntary Redemption Date, Notice (as such term is defined below (such redemption being the "Voluntary Redemption"hereinafter defined), under and ; provided that in accordance with the following terms and procedures: (i) The Company at its option prior to the Maturity Date may redeem this Series 1 Bridge Note at the Redemption Price set forth below plus all accrued and unpaid interest on the principal amount through and including the no event shall a Voluntary Redemption Date be less than 30 Trading Days (the "Voluntary Redemption Price"as defined below) as of a Voluntary Redemption Date: Redemption Date Redemption Price Original Issue Date through and 105% including the 60th day after the Original Issue Date 61st day after the Original Issue 110% Date through and including the 120th day after the Original Issue Date 121st day after the Original Issue 115% Date through and including the 180th day after the Original Issue Date 181st day after the Original Issue 120% Date through and including the 214th day after the Original Issue Date 215th day after the Original Issue 125% Date through and including the date of redemption or conversion (ii) At least ten (10) days before a Voluntary Redemption, the Company shall mail a notice of redemption to Holder, stating (A) the redemption date, which shall be a business day in New York, New York (the "corresponding Initial Voluntary Redemption Date"), (B) Notice is delivered to the aggregate principal amount holders of this Series 1 Bridge Note the Preferred Stock sought to be redeemed, (C) the Voluntary Redemption Price, and (D) the name and address of the Person to whom this Series 1 Bridge Note must be presented to receive payment if required redeemed pursuant to paragraph (iv) belowthis Section 6(a). Once notice of redemption is mailed and the Company shall have complied with paragraph (iii) below, the Voluntary Redemption Price shall become due and payable on the Voluntary Redemption Date. (iii) On or before the third (3rd) day Not less than 30 Trading Days prior to the a Voluntary Redemption Date, the Company Corporation shall deposit into a bank trust account for cause an Initial Voluntary Redemption Notice (as defined below) to be mailed, postage prepaid, to each holder of record of Series A Preferred Stock and/or Series B Preferred Stock to be redeemed on such date, at such holder’s post office address last shown on the benefit records of the Holder Corporation, or given by electronic communication in compliance with the provisions of this the General Corporation Law. Not less than 15 Trading Days prior to a Voluntary Redemption Date, the Corporation shall cause a Final Voluntary Redemption Notice (as defined below) to be mailed, postage prepaid, to each holder of record of Series 1 Bridge Note money sufficient A Preferred Stock and/or Series B Preferred Stock to pay the Redemption Price and all accrued and unpaid interest. (iv) The Company maybe redeemed on such date, at its optionsuch holder’s post office address last shown on the records of the Corporation, require as a condition to or given by electronic communication in compliance with the receipt provisions of a payment the General Corporation Law. Any Initial Voluntary Redemption Notice and any Final Voluntary Redemption Notice delivered by or behalf of the Corporation pursuant to this Section 3(b6(a) that Holder present shall be made in good faith, shall be irrevocable and may only be made at a time when the Corporation has sufficient cash on hand to effect any redemption pursuant to this Section 6(a). Notwithstanding anything to the contrary set forth herein, until 180 days after the Series 1 Bridge Notes to the Person specified in paragraph (ii) above for surrender. (v) No Voluntary Redemption of this Series 1 Bridge Note can be effected after the 209th day after the A Original Issue Date, the holders of a majority of the Series A Preferred Stock may refuse to have their shares of Preferred Stock redeemed pursuant to this Section 6(a) by delivering written notice to the Corporation on or before any Voluntary Redemption Date. If the funds of the Corporation legally available to redeem shares of Preferred Stock pursuant to this Section 6(a) are insufficient to redeem the total number of such shares required to be redeemed hereto, in addition to any other remedies the holders thereof may have at law, the Corporation shall take any action necessary or appropriate, to the extent reasonably within its control, to remove promptly any impediments to its ability to redeem the total number of shares of Preferred Stock required to be so redeemed, including, without limitation, (1) to the extent permissible under applicable law, reducing the stated capital of the Corporation or causing a revaluation of the assets of the Corporation under applicable law to create sufficient surplus to make such redemption and (2) incurring any indebtedness necessary to make such redemption. If the Corporation does not have sufficient funds legally available to redeem on any Voluntary Redemption Date all shares of Preferred Stock proposed to redeemed on such date, the Corporation shall redeem a pro rata portion of each holder’s redeemable shares of Preferred Stock out of funds legally available therefor, based on the respective amounts which would otherwise be payable in respect of the shares to be redeemed if the legally available funds were sufficient to redeem all such shares, and shall redeem the remaining shares to have been redeemed as soon as possible after the Corporation has funds legally available therefor.

Voluntary Redemption. At any time from and after the Original Issue Date up to but not including the Maturity Date, the Company may, at its option, call and redeem this Series 1 Bridge Note, at the redemption price set forth in subparagraph (i), below, plus accrued and unpaid interest on such redeemed amount through and including the Voluntary Redemption Date, as such term is defined below (such redemption being the "Voluntary Redemption"), under and in accordance with the following terms and procedures: (i) The Company at its option prior to the Maturity Date may redeem this Series 1 Bridge Note at the Redemption Price set forth below plus all accrued and unpaid interest on the principal amount through and including the Voluntary Redemption Date (the "Voluntary Redemption Price") as of a Voluntary Redemption Date: Redemption Date Redemption Price --------------- ---------------- Original Issue Date through and 105% including the 60th 90th day after the 110% Original Issue Date 91st day after the Original Issue Date 61st day after the Original Issue 110% Date through and including the 112 1/2% 120th day after the Original Issue Date 121st day after the Original Issue 115% Date through and including the 180th 115% 150th day after the Original Issue Date 181st day after the Original Issue 120% Date through and including the 214th 151st day after the Original Issue Date 215th day after the Original Issue 125% Date through and including the 117 1/2% date of redemption or conversion (ii) At least ten (10) days before a Voluntary Redemption, the Company shall mail a notice of redemption to Holder, stating (A) the redemption date, which shall be a business day in New York, New York (the "Voluntary Redemption Date"), (B) the aggregate principal amount of this Series 1 Bridge Note to be redeemed, (C) the Voluntary Redemption Price, and (D) the name and address of the Person to whom this Series 1 Bridge Note must be presented to receive payment if required pursuant to paragraph (iv) below. Once notice of redemption is mailed and the Company shall have complied with paragraph (iii) below, the Voluntary Redemption Price shall become due and payable on the Voluntary Redemption Date. (iii) On or before the third (3rd) day prior to the Voluntary Redemption Date, the Company shall deposit into a bank trust account for the benefit of the Holder of this Series 1 Bridge Note money sufficient to pay the Redemption Price and all accrued and unpaid interest. (iv) The Company may, at its option, require as a condition to the receipt of a payment pursuant to this Section 3(b) that Holder present the Series 1 Bridge Notes to the Person specified in paragraph (ii) above for surrender. (v) No Voluntary Redemption of this Series 1 Bridge Note can be effected after the 209th 179th day after the Original Issue Date.

Voluntary Redemption. At (a) The Senior Discount Notes will be subject to voluntary redemption at any time from and after the Original Issue Date up to but not including the Maturity Closing Date, the Company may, at its option, call and redeem this Series 1 Bridge Notein whole or in part, at the redemption option of the Issuer at a price set forth in subparagraph (i), belowequal to the outstanding principal balance of the Senior Discount Notes which are being redeemed, plus accrued and unpaid interest on such redeemed amount thereon through and including the Designated Voluntary Redemption Date. If the Issuer elects to redeem Senior Discount Notes pursuant to this Section 6.1, as such term is defined below at least 1 business day but not more than 3 business days before the date that the Issuer elects to redeem the Senior Discount Notes (such redemption date being referred to herein as the "Voluntary Redemption"), under and in accordance with the following terms and procedures: (i) The Company at its option prior to the Maturity Date may redeem this Series 1 Bridge Note at the Redemption Price set forth below plus all accrued and unpaid interest on the principal amount through and including the Voluntary Redemption Date (the "Voluntary Redemption Price") as of a Voluntary Redemption Date: Redemption Date Redemption Price Original Issue Date through and 105% including the 60th day after the Original Issue Date 61st day after the Original Issue 110% Date through and including the 120th day after the Original Issue Date 121st day after the Original Issue 115% Date through and including the 180th day after the Original Issue Date 181st day after the Original Issue 120% Date through and including the 214th day after the Original Issue Date 215th day after the Original Issue 125% Date through and including the date of redemption or conversion (ii) At least ten (10) days before a Voluntary Redemption, the Company shall mail a notice of redemption to Holder, stating (A) the redemption date, which shall be a business day in New York, New York (the "Designated Voluntary Redemption Date"), the Issuer shall notify the ------------------------------------ Holders' Agent and each Holder of Senior Discount Notes set forth in Issuer's books and records in writing that the Issuer elects to voluntarily redeem all or a portion of the Senior Discount Notes. Such notice shall be irrevocable and shall identify (Bi) the aggregate Designated Voluntary Redemption Date and (ii) the principal amount of this Series 1 Bridge Note Senior Discount Notes to be redeemed, (C) the redeemed on such Designated Voluntary Redemption Price, and Date. (Db) the name and address of the Person to whom this Series 1 Bridge Note must be presented to receive payment if required pursuant to paragraph (iv) below. Once notice of a voluntary redemption of the Senior Discount Notes is mailed and given to the Company shall have complied with paragraph (iii) belowHolders, the Voluntary Redemption Price principal amount of Senior Discount Notes set forth in such notice shall become due and payable on the Voluntary Redemption Date. (iii) On or before the third (3rd) day prior to the Designated Voluntary Redemption Date, the Company shall deposit into a bank trust account for the benefit of the Holder of this Series 1 Bridge Note money sufficient to pay the Redemption Price and together with all accrued and unpaid interest. (iv) The Company may, at its option, require as a condition to interest thereon through the receipt of a payment pursuant to this Section 3(b) that Holder present the Series 1 Bridge Notes to the Person specified in paragraph (ii) above for surrender. (v) No Designated Voluntary Redemption Date. If the Issuer fails to redeem the principal amount of this Series 1 Bridge Note can Senior Discount Notes specified to be effected after redeemed as of any Designated Voluntary Redemption Date, interest shall continue to accrue on such principal amount of Senior Discount Notes until the 209th day after Holders of the Original Issue DateSenior Discount Notes receive full payment of such principal amount, together with all accrued and unpaid interest thereon through the date of payment."

Voluntary Redemption. At any time from and The Issuer may, after the Original date falling 24 months from the Issue Date up and before the date of the 30th month after the Issue Date, by giving not less than 20 Business Days’ prior written notice substantially the form set out in Schedule 4 (Form of Voluntary Redemption Notice) (the “Voluntary Redemption Notice”) to but not including the CB Holder redeem the CB issued to the CB Holder prior to the Final Maturity Date, upon the Company mayCB Holder giving prior written consent. Any Voluntary Redemption Notice is irrevocable and must specify the relevant date of voluntary redemption (the “Voluntary Redemption Date”) and the principal amount to be voluntarily redeemed (“Voluntarily Redeemed Principal Amount”). All voluntary redemptions under this Condition 7.2 must be made with the Voluntary Redemption Amount. A voluntary redemption may only be made by the Issuer in accordance with the express terms of this Condition 7.2. The Voluntary Redemption Amount payable by the Issuer under this Condition 7.2 shall be paid for value to the CB Holder on the Voluntary Redemption Date by the Issuer transferring such amount due to the CB Holder to its bank account (the details of which as recorded on the CB Register or as notified by the CB Holder to the Issuer in writing). With effect from the Voluntary Redemption Date and subject to the CB Holder receiving payment of the Voluntary Redemption Amount payable to them in full under a voluntary redemption in accordance with this Condition 7.2, at the outstanding principal amount of the CB held by the CB Holder shall be deemed to be reduced by the Voluntarily Redeemed Principal Amount redeemed by the Issuer under this Condition 7.2. The CB Holder shall notify the Issuer of its option, call receipt of its Voluntary Redemption Amount under this Condition 7.2 and redeem this Series 1 Bridge Note, at return its CB Instrument to the redemption price set forth in subparagraph (i), below, plus accrued and unpaid interest on such redeemed amount through and including Issuer as soon as practicable from the Voluntary Redemption Date, as such term is defined below (such redemption being . Upon receipt from the "Voluntary Redemption"), under and in accordance with the following terms and procedures: (i) The Company at CB Holder of its option prior to the Maturity Date may redeem this Series 1 Bridge Note at the Redemption Price set forth below plus all accrued and unpaid interest on the principal amount through and including the Voluntary Redemption Date (the "Voluntary Redemption Price") as of a Voluntary Redemption Date: Redemption Date Redemption Price Original Issue Date through and 105% including the 60th day after the Original Issue Date 61st day after the Original Issue 110% Date through and including the 120th day after the Original Issue Date 121st day after the Original Issue 115% Date through and including the 180th day after the Original Issue Date 181st day after the Original Issue 120% Date through and including the 214th day after the Original Issue Date 215th day after the Original Issue 125% Date through and including the date of redemption or conversion (ii) At least ten (10) days before a Voluntary Redemption, the Company shall mail a notice of redemption to Holder, stating (A) the redemption date, which shall be a business day in New York, New York (the "Voluntary Redemption Date"), (B) the aggregate principal amount of this Series 1 Bridge Note to be redeemed, (C) the Voluntary Redemption Price, and (D) the name and address of the Person to whom this Series 1 Bridge Note must be presented to receive payment if required CB Instrument pursuant to paragraph (ivf) below. Once notice of redemption is mailed and the Company shall have complied with paragraph (iii) belowabove, the Voluntary Redemption Price Issuer may cancel the CB Instrument and shall become due and payable on forthwith issue a new CB Instrument reflecting the Voluntary Redemption Date. (iii) On or before the third (3rd) day prior to the Voluntary Redemption Date, the Company shall deposit into a bank trust account for the benefit outstanding principal amount of the Holder of this Series 1 Bridge Note money sufficient to pay the Redemption Price and all accrued and unpaid interestCB then held by that CB Holder. (iv) The Company may, at its option, require as a condition to the receipt of a payment pursuant to this Section 3(b) that Holder present the Series 1 Bridge Notes to the Person specified in paragraph (ii) above for surrender. (v) No Voluntary Redemption of this Series 1 Bridge Note can be effected after the 209th day after the Original Issue Date.

Voluntary Redemption. At any time from and after the Original Issue Date up to but not including the Maturity Date, the Company may, at its option, call and redeem this Series 1 Bridge Note, at the redemption price set forth in subparagraph (i), below, plus PLUS accrued and unpaid interest on such redeemed amount through and including the Voluntary Redemption Date, as such term is defined below (such redemption being the "Voluntary RedemptionVOLUNTARY REDEMPTION"), under and in accordance with the following terms and procedures: (i) The Company at its option prior to the Maturity Date may redeem this Series 1 Bridge Note at the Redemption Price set forth below plus PLUS all accrued and unpaid interest on the principal amount through and including the Voluntary Redemption Date (the "Voluntary Redemption PriceVOLUNTARY REDEMPTION PRICE") as of a Voluntary Redemption Date: Redemption Date Redemption Price REDEMPTION DATE REDEMPTION PRICE Original Issue Date through and 105% including the 60th 90th day 110% afterthe Original Issue Date 91st day after the Original Issue Date 61st day after the Original Issue 110% Date through and including 112.5% the 120th day after the Original Issue Date 121st day after the Original Issue 115% Date through and including the 180th day after the Original Issue Date 181st day after the Original Issue 120115% Date through and including the 214th day after the Original Issue Date 215th day after the Original Issue 125% Date through and including the date of redemption or conversion (ii) At least ten (10) days before a Voluntary Redemption, the Company shall mail a notice of redemption to Holder, stating (A) the redemption date, which shall be a business day in New York, New York (the "Voluntary Redemption DateVOLUNTARY REDEMPTION DATE"), (B) the aggregate principal amount of this Series 1 Bridge Note to be redeemed, (C) the Voluntary Redemption Price, and (D) the name and address of the Person to whom this Series 1 Bridge Note must be presented to receive payment if required pursuant to paragraph (iv) below. Once notice of redemption is mailed and the Company shall have complied with paragraph (iii) below, the Voluntary Redemption Price shall become due and payable on the Voluntary Redemption Date. (iii) On or before the third (3rd) day prior to the Voluntary Redemption Date, the Company shall deposit into a bank trust account for the benefit of the Holder of this Series 1 Bridge Note money sufficient to pay the Redemption Price and all accrued and unpaid interest. (iv) The Company may, at its option, require as a condition to the receipt of a payment pursuant to this Section 3(b) that Holder present the Series 1 Bridge Notes to the Person specified in paragraph (ii) above for surrender. (v) No Voluntary Redemption of this Series 1 Bridge Note can be effected after the 209th 179th day after the Original Issue Date.

Voluntary Redemption. At any time from and after the Original Issue Date up to but not including the Maturity Date, the Company may, at its option, call and redeem this Series 1 Bridge Note, at the redemption price set forth in subparagraph (i), below, plus accrued and unpaid interest on such redeemed amount through and including the Voluntary Redemption Date, as such term is defined below (such redemption being the "Voluntary Redemption"), under and in accordance with the following terms and procedures: (i) The Company at its option prior to the Maturity Date may redeem this Series 1 Bridge Note at the Redemption Price set forth below plus all accrued and unpaid interest on the principal amount through and including the Voluntary Redemption Date (the "Voluntary Redemption Price") as of a Voluntary Redemption Date: Redemption Date Redemption Price Original Issue Date through and 105% including the 60th 90th day after the 110% Original Issue Date 91st day after the Original Issue Date 61st day after the Original Issue 110% Date through and including the 112 1/2% 120th day after the Original Issue Date 121st day after the Original Issue 115% Date through and including the 180th 115% 150th day after the Original Issue Date 181st day after the Original Issue 120% Date through and including the 214th 151st day after the Original Issue Date 215th day after the Original Issue 125% Date through and including the 117 1/2% date of redemption or conversion (ii) At least ten (10) days before a Voluntary Redemption, the Company shall mail a notice of redemption to Holder, stating (A) the redemption date, which shall be a business day in New York, New York (the "Voluntary Redemption Date"), (B) the aggregate principal amount of this Series 1 Bridge Note to be redeemed, (C) the Voluntary Redemption Price, and (D) the name and address of the Person to whom this Series 1 Bridge Note must be presented to receive payment if required pursuant to paragraph (iv) below. Once notice of redemption is mailed and the Company shall have complied with paragraph (iii) below, the Voluntary Redemption Price shall become due and payable on the Voluntary Redemption Date. (iii) On or before the third (3rd) day prior to the Voluntary Redemption Date, the Company shall deposit into a bank trust account for the benefit of the Holder of this Series 1 Bridge Note money sufficient to pay the Redemption Price and all accrued and unpaid interest. (iv) The Company may, at its option, require as a condition to the receipt of a payment pursuant to this Section 3(b) that Holder present the Series 1 Bridge Notes to the Person specified in paragraph (ii) above for surrender. (v) No Voluntary Redemption of this Series 1 Bridge Note can be effected after the 209th 179th day after the Original Issue Date.

Voluntary Redemption. At any time from and after the Original Issue Date up to but not including the Maturity Date, the Company may, at its option, call and redeem this Series 1 Bridge Note, at the redemption price set forth in subparagraph (i), below, plus accrued and unpaid interest on such redeemed amount through and including the Voluntary Redemption Date, as such term is defined below (such redemption being the "Voluntary Redemption"), under and in accordance with the following terms and procedures: (i) The Company at its option prior to the Maturity Date may redeem this Series 1 Bridge Note at the Redemption Price set forth below plus all accrued and unpaid interest on the principal amount through and including the Voluntary Redemption Date (the "Voluntary Redemption Price") as of a Voluntary Redemption Date: Redemption Date Redemption Price --------------- ---------------- Original Issue Date through and 105% including the 60th 90th day after the 110% Original Issue Date 91st day after the Original Issue Date 61st day after the Original Issue 110% Date through and including the 112 1/2% 120th day after the Original Issue Date 121st day after the Original Issue 115% Date through and including the 180th 115% 150th day after the Original Issue Date 181st day after the Original Issue 120% Date through and including the 214th 151st day after the Original Issue Date 215th day after the Original Issue 125% Date through and including the 117 1/2% date of redemption or conversion (ii) At least ten (10) days before a Voluntary Redemption, the Company shall mail a notice of redemption to Holder, stating (A) the redemption date, which shall be a business day in New York, New York (the "Voluntary Redemption Date"), (B) the aggregate principal amount of this Series 1 Bridge Note to be redeemed, (C) the Voluntary Redemption Price, and (D) the name and address of the Person to whom this Series 1 Bridge Note must be presented to receive payment if required pursuant to paragraph (iv) below. Once notice of redemption is mailed and the Company shall have complied with paragraph (iii) below, the Voluntary Redemption Price shall become due and payable on the Voluntary Redemption Date. (iii) On or before the third (3rd) day prior to the Voluntary Redemption Date, the Company shall deposit into a bank trust account for the benefit of the Holder of this Series 1 Bridge Note money sufficient to pay the Redemption Price and all accrued and unpaid interest. (iv) The Company may, at its option, require as a condition to the receipt of a payment pursuant to this Section 3(b) that Holder present the Series 1 Bridge Notes to the Person specified in paragraph (ii) above for surrender. (v) No Voluntary Redemption of this Series 1 Bridge Note can be effected after the 209th 179th day after the Original Issue Date.

Voluntary Redemption. At (a) The Senior Discount Notes will be subject to voluntary redemption at any time from and after the Original Issue Date up to Closing Date, in whole but not including the Maturity Date, the Company may, at its option, call and redeem this Series 1 Bridge Notein part, at the redemption option of the Issuer at a price set forth in subparagraph (i), below, plus accrued and unpaid interest on such redeemed amount through and including equal to the Accreted Value as of any Designated Voluntary Redemption Date. If the Issuer elects to redeem Senior Discount Notes pursuant to this Section 6.1, as such term is defined below at least 5 days but not more than 10 days before the date that the Issuer elects to redeem the Senior Discount Notes (such redemption date being referred to herein as the "Designated Voluntary Redemption"), under and in accordance with the following terms and procedures: (i) The Company at its option prior to the Maturity Date may redeem this Series 1 Bridge Note at the Redemption Price set forth below plus all accrued and unpaid interest on the principal amount through and including the Voluntary Redemption Date (the "Voluntary Redemption Price") as of a Voluntary Redemption Date: Redemption Date Redemption Price Original Issue Date through and 105% including the 60th day after the Original Issue Date 61st day after the Original Issue 110% Date through and including the 120th day after the Original Issue Date 121st day after the Original Issue 115% Date through and including the 180th day after the Original Issue Date 181st day after the Original Issue 120% Date through and including the 214th day after the Original Issue Date 215th day after the Original Issue 125% Date through and including the date of redemption or conversion (ii) At least ten (10) days before a Voluntary Redemption, the Company shall mail a notice of redemption to Holder, stating (A) the redemption date, which shall be a business day in New York, New York (the "Voluntary -------------------- Redemption Date"), the Issuer shall notify the Holders' Agent and each --------------- Holder of Senior Discount Notes set forth in Issuer's books and records in writing that the Issuer elects to voluntarily redeem all of the Senior Discount Notes. Such notice shall be irrevocable and shall identify (Bi) the aggregate principal amount of this Series 1 Bridge Note to be redeemed, Designated Voluntary Redemption Date and (Cii) the Accreted Value of the Senior Discount Notes as of the Designated Voluntary Redemption Price, and Date. (Db) the name and address of the Person to whom this Series 1 Bridge Note must be presented to receive payment if required pursuant to paragraph (iv) below. Once notice of a voluntary redemption of the Senior Discount Notes is mailed and given to the Company shall have complied with paragraph (iii) belowHolders, the Voluntary Redemption Price Senior Discount Notes shall become due and payable on the Designated Voluntary Redemption Date at the Accreted Value as of the Designated Voluntary Redemption Date. (iii) On or before . If the third (3rd) day prior to Issuer defaults in paying the Accreted Value for the Senior Discount Notes as of the Designated Voluntary Redemption Date, interest shall accrue on the Company shall deposit into a bank trust account for the benefit Accreted Value of the Holder Senior Discount from the Designated Voluntary Redemption Date until the Holders of this Series 1 Bridge Note money sufficient to pay the Redemption Price Senior Discount Notes receive full payment of the Accreted Value and all accrued and unpaid interest. (iv) The Company may, at its option, require as a condition to the receipt of a payment pursuant to this Section 3(b) that Holder present the Series 1 Bridge Notes to the Person specified in paragraph (ii) above for surrender. (v) No Voluntary Redemption of this Series 1 Bridge Note can be effected after the 209th day after the Original Issue Date.