Common use of Redemption and Repurchase of Notes Clause in Contracts

Redemption and Repurchase of Notes. Section 501. Redemption of Notes at the Option of the Issuer Except as set forth under Sections 501-1 and 501-2, the Issuer may not redeem the Notes prior to April 1, 2011. The Issuer may, by giving not less than 30 nor more than 60 days’ notice, redeem some or all of the Notes for cash on or after April 1, 2011 at 100% of their principal amount, plus accrued and unpaid interest and Additional Amounts, if any, to but excluding the Redemption Date if the closing sale price of the ADSs for 20 Trading Days within a period of 30 consecutive Trading Days ending on the Trading Day before the date of mailing of the redemption notice exceeds 150% of the applicable conversion price on the last Trading Day of the period. The Redemption Date may not fall in the period beginning on an interest Record Date and ending two Business Days following the related Interest Payment Date (the “Redemption Excluded Period”). Section 501-1 Early Redemption at the Option of the Issuer for Reasons of Insufficient Outstanding Principal Amount If at any time the aggregate principal amount of Outstanding Notes falls below 10% of the aggregate principal amount of Notes initially issued hereunder, the Issuer is entitled, by giving not less than 20 nor more than 40 days’ notice to redeem the remaining Notes in whole, but not in part, at 100% of their principal amount together with interest accrued, and Additional Amounts, if any, to (but excluding) the Redemption Date. The Redemption Date may not fall during a Redemption Excluded Period. If the end of the notice period falls within a Redemption Excluded Period then the notice shall be considered to have been given five Business Days after the end of such Redemption Excluded Period.