Creation and Form Clause Samples
Creation and Form. Pursuant to Sections 201 and 301 of the Original Indenture, there is hereby created a new series of Securities designated as the “6 1⁄2% Senior Subordinated Mandatory Convertible Notes due 2018, Series A-1” (which are herein referred to as the “Notes” for purposes of this Second Supplemental Indenture). The Notes shall be substantially in the form specified in Exhibit A to this Second Supplemental Indenture, shall have the terms set forth therein and shall be entitled to the benefits of the other provisions of the Original Indenture as modified by this Second Supplemental Indenture and specified herein. To the extent permitted by applicable law, in the event of any inconsistency between the terms of the Notes and the terms of this Indenture, the terms of this Indenture will control. To the extent applicable, the Initial Notes and Additional Notes will bear the OID Legend. Each certificate representing shares of Common Stock issued upon conversion of any Note, shall, upon issuance, if such shares are subject to restriction on transfer under the Securities Act at their time of issuance, bear the Common Stock Restricted Legend on the face thereof until the Resale Restriction Termination Date.
Creation and Form. Pursuant to Sections 2.01 and 2.02 of the Original Indenture, there is hereby created a new series of Securities designated as the Company’s “4.65% Senior Notes due 2025.” The Notes shall be subject to the provisions of the Rule 144A/Regulation S Appendix attached hereto (the “Appendix”), shall be substantially in the form specified in Exhibit A to this First Supplemental Indenture, shall have the terms set forth therein and shall be entitled to the benefits of the other provisions of the Original Indenture as modified by this First Supplemental Indenture and specified herein.
Creation and Form. Pursuant to Sections 201 and 301 of the Original Indenture, there is hereby created a new series of Securities designated as the “6.25% Senior Notes due 2023” (which are herein referred to as the “Notes” for purposes of this Fourth Supplemental Indenture). The Notes shall be subject to the provisions of the Appendix hereto, shall be substantially in the form specified in Exhibit A to this Fourth Supplemental Indenture, shall have the terms set forth therein and shall be entitled to the benefits of the other provisions of the Original Indenture as modified by this Fourth Supplemental Indenture and specified herein.
Creation and Form. Pursuant to Sections 201 and 301 of the Original Indenture, there is hereby created a new series of Securities designated as the “5.000% Mandatory Convertible Senior Notes due 2019, Series B-1” (which are herein referred to as the “Notes” for purposes of this Fourth Supplemental Indenture). The Notes shall be substantially in the form specified in Exhibit A to this Fourth Supplemental Indenture, shall have the terms set forth therein and shall be entitled to the benefits of the other provisions of the Original Indenture as modified by this Fourth Supplemental Indenture and specified herein. To the extent permitted by applicable law, in the event of any inconsistency between the terms of the Notes and the terms of this Indenture, the terms of this Indenture will control. To the extent applicable, the Initial Notes and Additional Notes will bear the OID Legend. Each certificate representing shares of Common Stock issued upon conversion of any Note, shall, upon issuance, if such shares are subject to restriction on transfer under the Securities Act at their time of issuance, bear the Common Stock Restricted Legend on the face thereof until the Resale Restriction Termination Date.
Creation and Form. Pursuant to Sections 201 and 301 of the Original Indenture, there is hereby created a new series of Securities designated as the "7 1/4% Senior Subordinated Notes due 2013" (which are herein referred to as the "Notes" for purposes of this First Supplemental Indenture). The Notes shall be substantially in the form specified in Exhibit A to this First Supplemental Indenture, shall have the terms set forth therein and shall be entitled to the benefits of the other provisions of the Original Indenture as modified by this First Supplemental Indenture and specified herein.