Common use of Designation Amount and Issue of Notes Clause in Contracts

Designation Amount and Issue of Notes. The Notes shall be designated as “3.125% Convertible Notes Due 2012”. The Notes shall be senior unsecured obligations of the Company and shall rank pari passu with any existing and future senior unsecured obligations of the Company and prior to any of the Company’s future subordinated obligations. The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. Notes in the aggregate principal amount of $1,200,000,000 upon the execution of this Indenture may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board of Directors, Vice Chairman of the Board of Directors, Chief Executive Officer, President, Chief Financial Officer or any Vice President and (b) its Treasurer or any Assistant Treasurer, or its Secretary or any Assistant Secretary, without any further action by the Company hereunder. In addition, subject to the provisions of Section 15.05, an unlimited aggregate principal amount of additional Notes (the “Additional Notes”) may be executed after the date of this Indenture by the Company and delivered to the Trustee for authentication, and the Trustee shall, upon receipt of an Officers’ Certificate specifying the amount of Notes to be authenticated and the date on which such Notes are to be authenticated and certifying that all conditions precedent to the issuance of the Additional Notes contained herein have been complied with and that no default or Event of Default would occur as a result of the issuance of such Additional Notes, authenticate and deliver said Additional Notes to or upon the written order of the Company, signed as set forth in the preceding sentence; provided that Additional Notes may be issued under this Indenture only if such Additional Notes and the Notes constitute the same issue for United States federal income tax purposes. The Notes and the Additional Notes, if any, shall constitute one series for all purposes under this Indenture, including, without limitation, amendments and waivers.

Designation Amount and Issue of Notes. The Notes shall be designated as “3.1252.75% Convertible Notes Due 20122025”. The Notes shall be senior unsecured obligations of the Company and shall rank pari passu with any existing and future senior unsecured obligations of the Company and prior to any of the Company’s future subordinated obligations. The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. Notes in the aggregate principal amount of $1,200,000,000 350,000,000 upon the execution of this Indenture may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board of Directors, Vice Chairman of the Board of Directors, Chief Executive Officer, President, Chief Financial Officer or any Vice President and (b) its Treasurer or any Assistant Treasurer, or its Secretary or any Assistant Secretary, without any further action by the Company hereunder. In addition, subject to the provisions of Section 15.05, an unlimited aggregate principal amount of additional Notes (the “Additional Notes”) may be executed after the date of this Indenture by the Company and delivered to the Trustee for authentication, and the Trustee shall, upon receipt of an Officers’ Certificate specifying the amount of Notes to be authenticated and the date on which such Notes are to be authenticated and certifying that all conditions precedent to the issuance of the Additional Notes contained herein have been complied with and that no default or Event of Default would occur as a result of the issuance of such Additional Notes, authenticate and deliver said Additional Notes to or upon the written order of the Company, signed as set forth in the preceding sentence; provided that Additional Notes may be issued under this Indenture only if such Additional Notes and the Notes constitute the same issue for United States federal income tax purposes. The Notes and the Additional Notes, if any, shall constitute one series for all purposes under this Indenture, including, without limitation, amendments amendments, waivers and waiversredemptions.

Designation Amount and Issue of Notes. The Notes shall be designated as “3.1252 7/8% Convertible Notes Due 20122034”. The Notes shall be senior unsecured obligations of the Company and shall rank pari passu with any the Senior Secured Discount Notes and with existing and future senior unsecured obligations of the Company and prior to any of the Company’s future subordinated obligations. The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. Notes in not to exceed the aggregate principal amount of $1,200,000,000 250,000,000 upon the execution of this Indenture may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board of Directors, Vice Chairman of the Board of Directors, Chief Executive Officer, President, Chief Financial Officer or any Vice President and (b) its Treasurer or any Assistant Treasurer, or its Secretary or any Assistant Secretary, without any further action by the Company hereunder. In addition, subject to the provisions of Section 15.05, an unlimited aggregate principal amount of additional Notes (the “Additional Notes”) may be executed after the date of this Indenture by the Company and delivered to the Trustee for authentication, and the Trustee shall, upon receipt of an Officers’ Certificate specifying the amount of Notes to be authenticated and the date on which such Notes are to be authenticated and certifying that all conditions precedent to the issuance of the Additional Notes contained herein have been complied with and that no default or Event of Default would occur as a result of the issuance of such Additional Notes, authenticate and deliver said Additional Notes to or upon the written order of the Company, signed as set forth in the preceding sentence; provided that Additional Notes may be issued under this Indenture only if such Additional Notes and the Original Notes constitute the same issue for United States federal income tax purposes. The Original Notes and the Additional Notes, if any, shall constitute one series for all purposes under this Indenture, including, without limitation, amendments amendments, waivers and waiversredemptions.

Designation Amount and Issue of Notes. The Notes shall be designated as “3.1255.875% Convertible Senior Notes Due 20122021”. The Notes shall be senior unsecured obligations of the Company and shall rank pari passu with any existing and future senior unsecured obligations of the Company and prior to any of the Company’s future subordinated obligations. The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. Notes in not to exceed the aggregate principal amount of $1,200,000,000 300,000,000 upon the execution of this Indenture may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board of Directors, Vice Chairman of the Board of Directors, Chief Executive Officer, President, Chief Financial Officer or any Vice President and (b) its Treasurer or any Assistant Treasurer, or its Secretary or any Assistant SecretaryPresident, without any further action by the Company hereunderhereunder (the “Original Notes”). In addition, subject to the provisions of Section 15.0515.05 but without the consent of the Noteholders, an unlimited aggregate principal amount of additional Notes (the “Additional Notes”) may be executed after the date of this Indenture by the Company and delivered to the Trustee for authentication, and the Trustee shall, upon receipt of an Officers’ Officer’s Certificate specifying the amount of Notes to be authenticated and the date on which such Notes are to be authenticated and certifying that all conditions precedent to the issuance of the Additional Notes contained herein have been complied with and that no default or Event of Default would occur as a result of the issuance of such Additional Notes, authenticate and deliver said Additional Notes to or upon the written order of the Company, signed as set forth in the preceding sentence; provided that Additional Notes may be issued under this Indenture only if such Additional Notes and the Original Notes constitute the same issue one series for United States federal Federal income tax purposes. The Original Notes and the Additional Notes, if any, shall constitute one series for all purposes under this Indenture, including, without limitation, amendments amendments, waivers and waiversredemptions. The Company may also from time to time purchase the Notes in tender offers, open market purchases or negotiated transactions without prior notice to the Noteholders.

Designation Amount and Issue of Notes. The Notes shall be designated as the “3.1250% Convertible Senior Subordinated Notes Due 2012due 2024”. The Notes shall be senior unsecured obligations of the Company and shall rank pari passu with any existing and future senior unsecured obligations of the Company and prior not to any of the Company’s future subordinated obligations. The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. Notes in exceed the aggregate principal amount of $1,200,000,000 500,000,000 (or $600,000,000 if the option set forth in Section 2(a) of the Purchase Agreement is exercised in full), upon the execution of this Indenture Indenture, or (except pursuant to Section 2.05, Section 2.06, Section 15.02 and Section 16.02) from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by the Company’s (a) its Chairman of the Board of Directors, Vice Chairman of the Board of Directors, Chief Executive Officer, President, Chief Financial Officer Executive or Senior Vice President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”) and (b) its Treasurer or any Assistant Treasurer, Treasurer or its Secretary or any Assistant Secretary, without any further action by the Company hereunder. In addition, provided, however, that said Notes may not be executed, delivered or authenticated unless and until the Trustee shall have received an Officers’ Certificate stating that the Notes are substantially in the form set forth in Exhibit A of the Indenture and an Opinion of Counsel substantially to the effect that the Indenture, to the extent applicable, and Notes have been duly authorized and, if executed and authenticated in accordance with the provisions of the Indenture and delivered to and duly paid for by the purchasers thereof on the date of such opinion, would be entitled to the benefits of the Indenture and would be valid and binding obligations of the Company, enforceable against the Company in accordance with their respective terms, subject to the provisions bankruptcy, insolvency, reorganization, receivership, moratorium and other similar laws affecting creditors’ rights generally, general principles of Section 15.05equity, and such other matters as shall be specified therein; further provided that additional Notes may be issued in an unlimited aggregate principal amount so long as such Notes are executed, delivered or authenticated at a price that would not cause such Notes to have “original issue discount” within the meaning of additional Notes (Section 1273 of the “Additional Notes”) may United States Internal Revenue Code of 1986, as amended. The Trustee shall be executed after the date of this Indenture by the Company and delivered to the Trustee for authentication, and the Trustee shall, fully protected in relying upon receipt of an such Officers’ Certificate specifying the amount and Opinion of Notes to be authenticated and the date on which such Notes are to be authenticated and certifying that all conditions precedent to the issuance of the Additional Notes contained herein have been complied with and that no default or Event of Default would occur as a result of the issuance of such Additional Notes, authenticate and deliver said Additional Notes to or upon the written order of the Company, signed as set forth in the preceding sentence; provided that Additional Notes may be issued under this Indenture only if such Additional Notes and the Notes constitute the same issue for United States federal income tax purposes. The Notes and the Additional Notes, if any, shall constitute one series for all purposes under this Indenture, including, without limitation, amendments and waiversCounsel.

Designation Amount and Issue of Notes. The Notes shall be designated as “3.125% Convertible Notes Due 2012”. set forth in Exhibit A. The Notes shall be senior unsecured payment of obligations of the Company under the Notes shall be subordinated to the Company's Senior Indebtedness, including the obligation of the Company under the Senior Notes and the Existing Credit Facility and shall rank pari passu with any existing and future senior unsecured the obligations of the Company under the Senior Subordinated Notes and prior to any of the Company’s future subordinated obligationsConvertible Notes. The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. Notes in not to exceed the aggregate principal amount of $1,200,000,000 (euro)200 million (the "ORIGINAL NOTES") upon the execution of this Indenture may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board of Directors, Vice Chairman of the Board of Directors, Chief Executive Officer, President, Chief Financial Officer or any Vice President and (b) its Treasurer or any Assistant Treasurer, or its Secretary or any Assistant SecretaryPresident, without any further action by the Company hereunder. In addition, subject to the provisions of Section 15.05, an unlimited aggregate principal amount of additional Notes (the “Additional Notes”"ADDITIONAL NOTES") may be executed after the date of this Indenture by the Company and delivered to the Trustee for authentication, and the Trustee shall, upon receipt of an Officers’ ' Certificate specifying the amount of Notes to be authenticated and the date on which such Notes are to be authenticated and certifying that all conditions precedent to the issuance of the Additional Notes contained herein have been complied with and that no default or Event of Default would occur as a result of the issuance of such Additional Notes, authenticate and deliver said Additional Notes to or upon the written order of the Company, signed as set forth in the preceding sentence; provided that Additional Notes may be issued under this Indenture only if such Additional Notes and the Original Notes constitute the same issue one series for United States federal Federal income tax purposes. The Original Notes and the Additional Notes, if any, shall constitute one series for all purposes under this Indenture, including, without limitation, amendments amendments, waivers and waiversredemptions.

Designation Amount and Issue of Notes. The Series A Notes shall be designated as a “0% Series A Convertible Senior Subordinated Notes due 2008”. The Series B Notes shall be designated as “3.1250% Series B Convertible Senior Subordinated Notes Due 2012due 2010”. The Series A Notes shall be senior unsecured obligations of the Company and shall rank pari passu with any existing and future senior unsecured obligations of the Company and prior not to any of the Company’s future subordinated obligations. The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. Notes in exceed the aggregate principal amount of $1,200,000,000 200,000,000 (or $250,000,000 if the option set forth in Section 2(a) of the Purchase Agreement is exercised in full), and Series B Notes not to exceed an aggregate principal amount of $400,000,000 ($500,000,000 if the option set forth in Section 2 of the Purchase Agreement is exercised in full), in each case upon the execution of this Indenture Indenture, or (except pursuant to Sections 2.5, 2.6, 15.2 and 16.2) from time to time thereafter may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by the Company’s (a) its Chairman of the Board of Directors, Vice Chairman of the Board of Directors, Chief Executive Officer, President, Chief Financial Officer Executive or Senior Vice President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”) and (b) its Treasurer or any Assistant Treasurer, Treasurer or its Secretary or any Assistant Secretary, without any further action by the Company hereunder. In addition, provided, however, that said Notes may not be executed, delivered or authenticated unless and until the Trustee shall have received an Officers’ Certificate stating that the Notes are substantially in the form set forth in Exhibit A of the Indenture in the case of Series A Notes, or Exhibit B of the Indenture, in the case of Series B Notes, and an Opinion of Counsel substantially to the effect that the Indenture, to the extent applicable, and Notes have been duly authorized and, if executed and authenticated in accordance with the provisions of the Indenture and delivered to and duly paid for by the purchasers thereof on the date of such opinion, would be entitled to the benefits of the Indenture and would be valid and binding obligations of the Company, enforceable against the Company in accordance with their respective terms, subject to the provisions bankruptcy, insolvency, reorganization, receivership, moratorium and other similar laws affecting creditors’ rights generally, general principles of Section 15.05equity, and such other matters as shall be specified therein; further provided that additional Notes may be issued in an unlimited aggregate principal amount so long as such Notes are executed, delivered or authenticated at a price that would not cause such Notes to have “original issue discount” within the meaning of additional Notes (Section 1273 of the “Additional Notes”) may United States Internal Revenue Code of 1986, as amended. The Trustee shall be executed after the date of this Indenture by the Company and delivered to the Trustee for authentication, and the Trustee shall, fully protected in relying upon receipt of an such Officers’ Certificate specifying the amount and Opinion of Notes to be authenticated and the date on which such Notes are to be authenticated and certifying that all conditions precedent to the issuance of the Additional Notes contained herein have been complied with and that no default or Event of Default would occur as a result of the issuance of such Additional Notes, authenticate and deliver said Additional Notes to or upon the written order of the Company, signed as set forth in the preceding sentence; provided that Additional Notes may be issued under this Indenture only if such Additional Notes and the Notes constitute the same issue for United States federal income tax purposes. The Notes and the Additional Notes, if any, shall constitute one series for all purposes under this Indenture, including, without limitation, amendments and waiversCounsel.

Designation Amount and Issue of Notes. The Notes shall be designated as “3.1251.25% Convertible Senior Subordinated Notes Due 20122036”. The Notes shall be senior unsecured payment obligations of the Company under the Notes shall be subordinated to the Company’s Senior Indebtedness, including the obligations of the Company under the Bank Credit Agreement, and shall rank pari passu with any existing and future senior unsecured the obligations of the Company and prior to any of under the Company’s future subordinated obligationsSenior Subordinated Notes. The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. Notes in not to exceed the aggregate principal amount of $1,200,000,000 201,250,000 upon the execution of this Indenture may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board of Directors, Vice Chairman of the Board of Directors, Chief Executive Officer, President, Chief Financial Officer or any Vice President and (b) its Treasurer or any Assistant Treasurer, or its Secretary or any Assistant SecretaryPresident, without any further action by the Company hereunder. In addition, subject to the provisions of Section 15.0516.04 but without the Consent of the Noteholders, an unlimited aggregate principal amount of additional Notes (the “Additional Notes”) may be executed after the date of this Indenture by the Company and delivered to the Trustee for authentication, and the Trustee shall, upon receipt of an Officers’ Certificate specifying the amount of Notes to be authenticated and the date on which such Notes are to be authenticated and certifying that all conditions precedent to the issuance of the Additional Notes contained herein have been complied with and that no default or Event of Default would occur as a result of the issuance of such Additional Notes, authenticate and deliver said Additional Notes to or upon the written order of the Company, signed as set forth in the preceding sentence; provided that Additional Notes may be issued under this Indenture only if such Additional Notes and the Notes constitute the same issue one series for United States federal Federal income tax purposes. The Notes and the Additional Notes, if any, shall constitute one series for all purposes under this Indenture, including, without limitation, amendments amendments, waivers and waiversredemptions. The Company may also from time to time purchase the Notes in tender offers, open market purchases or negotiated transactions without prior notice to the Noteholders.

Designation Amount and Issue of Notes. The Notes shall be designated as “3.125"1-3/4% Convertible Senior Subordinated Notes Due 2012”2033". The Notes shall be senior unsecured payment of obligations of the Company under the Notes shall be subordinated to the Company's Senior Indebtedness, including the obligation of the Company under the Senior Notes and the Bank Credit Agreement and shall rank pari passu with any existing and future senior unsecured the obligations of the Company and prior to any of under the Company’s future subordinated obligationsSenior Subordinated Notes. The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. Notes in not to exceed the aggregate principal amount of $1,200,000,000 201,250,000 upon the execution of this Indenture may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board of Directors, Vice Chairman of the Board of Directors, Chief Executive Officer, President, Chief Financial Officer or any Vice President and (b) its Treasurer or any Assistant Treasurer, or its Secretary or any Assistant SecretaryPresident, without any further action by the Company hereunder. In addition, subject to the provisions of Section 15.0516.05, an unlimited aggregate principal amount of additional Notes (the “Additional Notes”"ADDITIONAL NOTES") may be executed after the date of this Indenture by the Company and delivered to the Trustee for authentication, and the Trustee shall, upon receipt of an Officers’ ' Certificate specifying the amount of Notes to be authenticated and the date on which such Notes are to be authenticated and certifying that all conditions precedent to the issuance of the Additional Notes contained herein have been complied with and that no default or Event of Default would occur as a result of the issuance of such Additional Notes, authenticate and deliver said Additional Notes to or upon the written order of the Company, signed as set forth in the preceding sentence; provided that Additional Notes may be issued under this Indenture only if such Additional Notes and the Original Notes constitute the same issue one series for United States federal Federal income tax purposes. The Original Notes and the Additional Notes, if any, shall constitute one series for all purposes under this Indenture, including, without limitation, amendments amendments, waivers and waiversredemptions.

Designation Amount and Issue of Notes. The Notes shall be designated as “3.125___% Convertible Senior Subordinated Notes Due 20122036”. The Notes shall be senior unsecured payment of obligations of the Company under the Notes shall be subordinated to the Company’s Senior Indebtedness, including the obligation of the Company under the Bank Credit Agreement and shall rank pari passu with any existing and future senior unsecured the obligations of the Company and prior to any of under the Company’s future subordinated obligationsSenior Subordinated Notes. The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. Notes in not to exceed the aggregate principal amount of $1,200,000,000 201,250,000 upon the execution of this Indenture may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board of Directors, Vice Chairman of the Board of Directors, Chief Executive Officer, President, Chief Financial Officer or any Vice President and (b) its Treasurer or any Assistant Treasurer, or its Secretary or any Assistant SecretaryPresident, without any further action by the Company hereunder. In addition, subject to the provisions of Section 15.0516.04, an unlimited aggregate principal amount of additional Notes (the “Additional Notes”) may be executed after the date of this Indenture by the Company and delivered to the Trustee for authentication, and the Trustee shall, upon receipt of an Officers’ Certificate specifying the amount of Notes to be authenticated and the date on which such Notes are to be authenticated and certifying that all conditions precedent to the issuance of the Additional Notes contained herein have been complied with and that no default or Event of Default would occur as a result of the issuance of such Additional Notes, authenticate and deliver said Additional Notes to or upon the written order of the Company, signed as set forth in the preceding sentence; provided that Additional Notes may be issued under this Indenture only if such Additional Notes and the Notes constitute the same issue one series for United States federal Federal income tax purposes. The Notes and the Additional Notes, if any, shall constitute one series for all purposes under this Indenture, including, without limitation, amendments amendments, waivers and waiversredemptions.

Designation Amount and Issue of Notes. The Notes shall be designated as “3.1252.625% Convertible Exchangeable Senior Notes Due 2012”. The Notes shall be senior unsecured obligations of the Company and shall rank pari passu with any existing and future senior unsecured obligations of the Company and prior to any of the Company’s future subordinated obligations. The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. Notes in the aggregate principal amount of $1,200,000,000 upon due 2019.” Upon the execution of this Indenture Indenture, and from time to time thereafter, Notes may be executed by the Company Issuer and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the a written order of the CompanyIssuer, such order signed by (a) its Chairman of the Board of Directors, Vice Chairman of the Board of Directors, Chief Executive one Officer, President, Chief Financial Officer or any Vice President and (b) its Treasurer or any Assistant Treasurer, or its Secretary or any Assistant Secretary, without any further action by the Company hereundertogether with an Officers’ Certificate stating that all conditions precedent to such authentication have been satisfied. In addition, subject to the provisions of Section 15.05, an unlimited The aggregate principal amount of Notes which may be authenticated and delivered under this Indenture is unlimited; provided that upon initial issuance, the aggregate principal amount of Notes outstanding shall not exceed $250,000,000, except as provided in Section 2.06. The Issuer may, without the consent of the Holders, reopen the Indenture and issue additional Notes (the “Additional Notes”) may be executed after under the date of this Indenture (including pursuant to any exercise by the Company and delivered Initial Purchaser of its option to purchase Additional Notes pursuant to the Trustee for authentication, Purchase Agreement) with the same terms (other than differences in the issue price and the Trustee shall, upon receipt of an Officers’ Certificate specifying the amount of Notes to be authenticated and the date on which such Notes are to be authenticated and certifying that all conditions precedent Interest accrued prior to the issuance of the Additional Notes contained herein have been complied with and that no default or Event of Default would occur as a result of the issuance issue date of such Additional Notes) as the Notes offered hereby (the “Initial Notes”) in an unlimited aggregate principal amount, authenticate and deliver said Additional Notes to or upon the written order of the Company, signed as set forth in the preceding sentence; provided that Additional Notes may be issued under this Indenture only if any such Additional Notes and are not fungible with the Initial Notes constitute the same issue for United States federal income tax purposes, such Additional Notes will have one or more separate CUSIP numbers. The Initial Notes and any such Additional Notes shall constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Notes to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes, if any, shall constitute one series for all purposes under this Indenture, including, without limitation, amendments and waiversNotes will vote or take that action as a single class.

Designation Amount and Issue of Notes. The Notes shall be designated as “3.1253.00% Convertible Exchangeable Senior Notes Due 2012”. The Notes shall be senior unsecured obligations of the Company and shall rank pari passu with any existing and future senior unsecured obligations of the Company and prior to any of the Company’s future subordinated obligations. The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. Notes in the aggregate principal amount of $1,200,000,000 upon due 2017.” Upon the execution of this Indenture Indenture, and from time to time thereafter, Notes may be be, subject to this Section 2.01, executed by the Company Issuer and delivered to the Trustee (with or without the Guarantee endorsed thereon) for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the a written order of the CompanyIssuer, such order signed by (a) its Chairman one Officer of the Board of Directors, Vice Chairman of the Board of Directors, Chief Executive Officer, President, Chief Financial Officer or any Vice President and (b) its Treasurer or any Assistant Treasurer, or its Secretary or any Assistant SecretaryIssuer, without any further action by the Issuer or the Company hereunder. In addition, subject to the provisions of Section 15.05, an unlimited The aggregate principal amount of Notes which may be authenticated and delivered under this Indenture is unlimited; provided that upon initial issuance the aggregate principal amount of Notes outstanding shall not exceed $345,000,000, except as provided in Section 2.06. The Issuer may, without the consent of the Holders of Notes, issue additional Notes (the “Additional Notes”) may be executed after from time to time in the future with the same terms and conditions, except for any difference in the issue price and interest accrued prior to the issue date of this Indenture by the Company and delivered to the Trustee for authenticationAdditional Notes, and the Trustee shall, upon receipt of an Officers’ Certificate specifying same CUSIP number as the amount of Notes to be authenticated and the date on which such Notes are to be authenticated and certifying that all conditions precedent to the issuance of the Additional Notes contained herein have been complied with and that no default or Event of Default would occur as a result of the issuance of such Additional Notes, authenticate and deliver said Additional Notes to or upon the written order of the Company, signed as set forth in the preceding sentence; provided that Additional Notes may be originally issued under this Indenture only if (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes and the Notes constitute must be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Notes to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes, if any, shall constitute one series for all purposes under this Indenture, including, without limitation, amendments and waiversNotes will vote or take that action as a single class.