|
|
![]() | ![]() | ![]() | ![]() |
| |||||||||
This excerpt taken from the CCO 8-K filed Dec 11, 2009. Optional Redemption Except as set forth below, the Issuer shall not be permitted to redeem the 2017 B Notes. The 2017 B Notes will be payable at par at maturity. At any time prior to , 2012, the 2017 B Notes may be redeemed or purchased (by the Issuer or any other Person), in whole or in part, upon notice as described under Selection and Notice,
173
at a redemption price equal to 100% of the principal amount of 2017 B Notes redeemed plus the Applicable Premium as of the date of redemption (the Redemption Date), and, without duplication, accrued and unpaid interest to the Redemption Date, subject to the rights of Holders of Notes on the relevant record date to receive interest due on the relevant interest payment date. The Issuer may provide in such notice that payment of the redemption price and performance of the Issuers obligations with respect to such redemption or purchase may be performed by another Person. On and after , 2012, the 2017 B Notes may be redeemed or purchased (by the Issuer or any other Person), at the Issuers option, in whole or in part, upon notice as described under Selection and Notice, at any time and from time to time at the redemption prices set forth below. The Issuer may provide in such notice that the payment of the redemption price and the performance of the Issuers obligations with respect to such redemption may be performed by another Person. The 2017 B Notes will be redeemable at the redemption prices (expressed as percentages of principal amount of the 2017 B Notes to be redeemed) set forth below plus accrued and unpaid interest thereon to the applicable Redemption Date, subject to the right of Holders of record of 2017 B Notes on the relevant record date to receive interest due on the relevant interest payment date, if redeemed during the twelve-month period beginning on of each of the years indicated below:
In addition, until , 2012, the Issuer may, at its option, on one or more occasions, redeem up to 35% of the then outstanding aggregate principal amount of 2017 B Notes at a redemption price equal to % of the aggregate principal amount thereof, plus accrued and unpaid interest thereon to the applicable Redemption Date, subject to the right of Holders of record on the relevant record date to receive interest due on the relevant interest payment date, with the net cash proceeds of one or more Equity Offerings to the extent such net cash proceeds are received by or contributed to the Issuer; provided that at least 65% of the sum of the aggregate principal amount of 2017 B Notes originally issued under the 2017 B Indenture and any Additional 2017 B Notes issued under the 2017 B Indenture after the Issue Date remains outstanding immediately after the occurrence of each such redemption; provided further, that each such redemption occurs within 180 days of the date of closing of each such Equity Offering. The Issuer may provide in such notice that payment of the redemption price and performance of the Issuers obligations with respect thereto may be performed by another Person. Notice of any redemption upon any Equity Offering may be given prior to the completion of the related Equity Offering, and any such redemption or notice may, at the Issuers discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related Equity Offering. The Trustee or the Paying Agent shall select the 2017 B Notes to be purchased in the manner described under Selection and Notice. |
| |||||||