THC » Topics » Section 3.1. Optional Redemption

This excerpt taken from the THC 8-K filed Jun 16, 2009.

Section 3.1. Optional Redemption

(a) At any time or from time to time prior to July 1, 2012, the Company, at its option, may redeem up to 35% of the aggregate principal amount of Notes issued under the Indenture with the net cash proceeds of one or more Qualified Equity Offerings at a Redemption Price equal to 108.875% of the principal amount thereof, plus accrued and unpaid interest thereon and Special Interest, if any, to the Redemption Date; provided that:

(1) at least 65% of the aggregate principal amount of Notes issued under the Indenture remains outstanding immediately after the occurrence of such redemption; and

(2) the redemption occurs within 90 days of the date of the closing of any such Qualified Equity Offering.

(b) Except pursuant to the preceding paragraph and paragraph (d) below, the Notes will not be redeemable at the Company’s option prior to July 1, 2014.

(c) At any time or from time to time after July 1, 2014, the Company, at its option, may redeem the Notes, in whole or in part, at the Redemption Prices (expressed as percentages of principal amount) set forth below, together with accrued and unpaid interest thereon and Special Interest, if any, to the applicable Redemption Date, if redeemed during the twelve-month period beginning on July 1 of the years indicated:

 

Year

   Redemption
Price
 

2014

   104.438

2015

   102.958

2016

   101.479

2017 and thereafter

   100.000

(d) The Company, at its option, may redeem the Notes, in whole or in part, at any time on or prior to July 1, 2014, at a Redemption Price equal to 100% of the principal amount of the Notes being redeemed plus the Applicable Premium as of the Redemption Date, plus accrued and unpaid interest thereon and Special Interest, if any, to, but not including, the Redemption Date.

 

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(e) Any redemption pursuant to this Section 3.1 shall be made pursuant to the provisions of Article Eleven of the Existing Indenture.

These excerpts taken from the THC 8-K filed Mar 5, 2009.

Section 3.1. Optional Redemption

(a) At any time or from time to time prior to May 1, 2012, the Company, at its option, may redeem up to 35% of the aggregate principal amount of Notes issued under the Indenture with the net cash proceeds of one or more Qualified Equity Offerings at a Redemption Price equal to 109.000% of the principal amount thereof, plus accrued and unpaid interest and Special Interest, if any, to the Redemption Date; provided that:

(1) at least 65% of the aggregate principal amount of Notes issued under the Indenture remains outstanding immediately after the occurrence of such redemption; and

(2) the redemption occurs within 90 days of the date of the closing of any such Qualified Equity Offering.

 

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(b) Except pursuant to the preceding paragraph and paragraph (d) below, the Notes will not be redeemable at the Company’s option prior to May 1, 2012.

(c) At any time or from time to time after May 1, 2012, the Company, at its option, may redeem the Notes, in whole or in part, at the Redemption Prices (expressed as percentages of principal amount) set forth below, together with accrued and unpaid interest thereon and Special Interest, if any, to the applicable Redemption Date, if redeemed during the twelve-month period beginning on May 1 of the years indicated:

 

Year

   Redemption
Price
 

2012

   104.500 %

2013

   102.250 %

2014 and thereafter

   100.000 %

(d) The Company, at its option, may redeem the Notes, in whole or in part, at any time on or prior to May 1, 2012, at a Redemption Price equal to 100% of the principal amount of the Notes redeemed plus the Applicable Premium as of the Redemption Date, plus accrued and unpaid interest thereon and Special Interest, if any, to, but not including, the Redemption Date.

(e) Any redemption pursuant to this Section 3.1 shall be made pursuant to the provisions of Article Eleven of the Existing Indenture.

Section 3.1. Optional Redemption

(a) At any time or from time to time prior to May 1, 2012, the Company, at its option, may redeem up to 35% of the aggregate principal amount of Notes issued under the Indenture with the net cash proceeds of one or more Qualified Equity Offerings at a Redemption Price equal to 110.000% of the principal amount thereof, plus accrued and unpaid interest and Special Interest, if any, to the Redemption Date; provided that:

(1) at least 65% of the aggregate principal amount of Notes issued under the Indenture remains outstanding immediately after the occurrence of such redemption; and

(2) the redemption occurs within 90 days of the date of the closing of any such Qualified Equity Offering.

(b) At any time or from time to time after May 1, 2014, the Company, at its option, may redeem the Notes, in whole or in part, at the Redemption Prices (expressed as percentages of principal amount) set forth below, together with accrued and unpaid interest thereon and Special Interest, if any, to the applicable Redemption Date, if redeemed during the twelve-month period beginning on May 1 of the years indicated:

 

Year

   Redemption
Price
 

2014

   105.000 %

2015

   103.333 %

2016

   101.667 %

2017 and thereafter

   100.000 %

 

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(c) The Company, at its option, may redeem the Notes, in whole or in part, at any time on or prior to May 1, 2014, at a Redemption Price equal to 100% of the principal amount of the Notes redeemed plus the Applicable Premium as of the Redemption Date, plus accrued and unpaid interest thereon and Special Interest, if any, to, but not including, the Redemption Date.

(d) Any redemption pursuant to this Section 3.1 shall be made pursuant to the provisions of Article Eleven of the Existing Indenture.

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