Common use of Right of Optional Redemption; Prices Clause in Contracts

Right of Optional Redemption; Prices. Prior to ____, 200_, the Company may redeem all or part of the Notes at any time upon not less than 30 nor more than 60 days' notice at the Make-Whole Price, plus accrued and unpaid interest on the Notes, if any, to the redemption date. On or after [ ], 200_, the Company at its option may, at any time, redeem all, or from time to time any part of, the Notes upon payment of the optional redemption prices set forth in the form of Note hereinabove recited, together with accrued and unpaid interest to the date fixed for redemption. In addition, at any time or from time to time prior to ______, 2002, the Company may redeem up to 35% of the original aggregate principal amount of the Notes at a redemption price equal to ___% of the principal amount of the Notes so redeemed, plus accrued and unpaid interest thereon (if any) to the redemption date (subject to the right of Holders of record on the relevant Regular Record Date to receive interest due on the relevant Interest Payment Date), with the net cash proceeds of one or more private placements to Persons other than Affiliates of the Company or public offerings of common stock of the Company, in each case resulting in gross proceeds to the Company of at least $100 million in the aggregate; provided that (1) at least 65% of the original aggregate principal amount of the Notes would remain outstanding immediately after giving effect to such redemption; (2) any such redemption shall be made within 90 days of such private placement or public offering upon not less than 30 nor more than 60 days' prior notice; and (3) any such redemption may not occur in connection with or after the occurrence of a Change of Control.

Right of Optional Redemption; Prices. Prior to ____, 200_, the The Company may redeem all or part of the 2008 Notes at any time upon not less than 30 nor more than 60 days' notice at the Make-Whole Price, plus accrued and unpaid interest on the 2008 Notes, if any, to the redemption date. On or after [ ], 200_, the Company at its option may, at any time, redeem all, or from time to time any part of, the Notes upon payment of the optional redemption prices set forth in the form of Note hereinabove recited, together with accrued and unpaid interest to the date fixed for redemption. In addition, at any time or from time to time prior to ______August 1, 20022003, the Company may redeem up to 35% of the original aggregate principal amount of the 116 122 2008 Notes at a redemption price equal to ___111.70% of the principal amount of the 2008 Notes so redeemed, plus accrued and unpaid interest thereon (if any) to the redemption date (subject to the right of Holders of record on the relevant Regular Record Date to receive interest due on the relevant Interest Payment Date), with the net cash proceeds of one or more private placements to Persons other than Affiliates of the Company or public offerings of common stock of the Company, in each case resulting in gross proceeds to the Company of at least $100 million in the aggregate; provided that (1) at least 65% of the original aggregate principal amount of the 2008 Notes would remain outstanding immediately after giving effect to such redemption; (2) any such redemption shall be made within 90 days of such private placement or public offering upon not less than 30 nor more than 60 days' prior notice; and (3) any such redemption may not occur in connection with or after the occurrence of a Change of Control. Prior to August 1, 2005, the Company may redeem all or part of the 2010 Notes at any time upon not less than 30 nor more than 60 days' notice at the Make-Whole Price, plus accrued and unpaid interest on the 2010 Notes, if any, to the redemption date. On or after August 1, 2005, the Company at its option may, at any time, redeem all, or from time to time any part of, the 2010 Notes upon payment of the optional redemption prices set forth in the form of Note hereinabove recited, together with accrued and unpaid interest to the date fixed for redemption. In addition, at any time or from time to time prior to August 1, 2003, the Company may redeem up to 35% of the original aggregate principal amount of the 2010 Notes at a redemption price equal to 111.875% of the principal amount of the 2010 Notes so redeemed, plus accrued and unpaid interest thereon (if any) to the redemption date (subject to the right of Holders of record on the relevant Regular Record Date to receive interest due on the relevant Interest Payment Date), with the net cash proceeds of one or more private placements to Persons other than Affiliates of the Company or public offerings of common stock of the Company, in each case resulting in gross proceeds to the Company of at least $100 million in the aggregate; provided that (1) at least 65% of the original aggregate principal amount of the 2010 Notes would remain outstanding immediately after giving effect to such redemption; (2) any such redemption shall be made within 90 days of such private placement or public offering upon not less than 30 nor more than 60 days' prior notice; and (3) any such redemption may not occur in connection with or after the occurrence of a Change of Control.