Common use of Designation, Title and Terms Clause in Contracts

Designation, Title and Terms. There is hereby authorized a series of Securities designated the "4 3/4% Convertible Subordinated Debentures due 2028," limited in aggregate principal amount to (a) $334,750,000 plus (b) such aggregate principal amount (which may not exceed $36,050,000 principal amount) of additional 1998A Debentures as shall be purchased by the Underwriters on the Option Closing Date pursuant to the Underwriting Agreement, which amount shall be as set forth in any written order of the Company for the authentication and delivery of 1998A Debentures pursuant to Section 3.3 of the Subordinated Indenture. All of the 1998A Debentures issued pursuant to this First Supplemental Indenture shall be deemed to have been issued as of, and shall begin to accrue interest as specified Principal of, and premium, if any, and interest on the 1998A Debentures will be payable, 1998A Debentures may be presented for conversion and transfers of the 1998A Debentures will be registrable at the office or agency of the Company in the Borough of Manhattan, The City of New York, and transfers of the 1998A Debentures will also be registrable at such other office or agency of the Company as may be maintained for such purpose. In addition, payment of interest may be made, at the option of the Company, by (i) check mailed to the address of the Person entitled thereto as shown on the Security Register or (ii) by wire transfer in immediately available funds at such place and to such account as may be designated to the Paying Agent by the Person entitled thereto as specified in the Security Register no later than the applicable Record Date. The Securities will be redeemable as provided in Article V. The Securities will be convertible as provided in Article VI. The Securities will be subject to repurchase by the Company, at the option of the Holders, as provided in the form of Debenture attached as Exhibit A.

Designation, Title and Terms. There is hereby authorized a series of Securities designated the "4 3/4____% Convertible Subordinated Debentures Notes due 2028," 2007", limited in aggregate principal amount to (a) $334,750,000 350,000,000 plus (b) such aggregate principal amount (which may not exceed $36,050,000 50,000,000 principal amount) of additional 1998A Debentures 1997A Notes as shall may be purchased by the Underwriters on the Option Optional Closing Date pursuant to the Underwriting Agreement, which amount shall be as set forth in any written order of the Company Order for the authentication and delivery of 1998A Debentures pursuant 1997A Notes. The 1997A Notes will mature on February 15, 2007 and bear interest at a rate of ____% per annum from _____________, 1997, or from the most recent Interest Payment Date on which interest has been paid or provided for, payable semi-annually on February 15 and August 15 of each year, commencing August 15, 1997, to Section 3.3 the Holder at the close of business on the Subordinated Indenturepreceding February 1 or August 1 (whether or not a Business Day), as the case may be. All Interest on the 1997A Notes will be computed on the basis of the 1998A Debentures issued pursuant to this First Supplemental Indenture shall be deemed to have been issued as ofa 360-day year comprised of twelve, and shall begin to accrue interest as specified 30-day months. Principal of, and premium, if any, and interest on the 1998A Debentures 1997A Notes will be payable, 1998A Debentures 1997A Notes may be presented for conversion and transfers of the 1998A Debentures 1997A Notes will be registrable at the office or agency of the Company in the Borough of Manhattan, The City of New York, and transfers of the 1998A Debentures 1997A Notes will also be registrable at such other office or agency of the Company as may be maintained for such purpose. In addition, payment of interest may be made, at the option of the Company, by (i) check mailed to the address of the Person person entitled thereto as shown on the 1997A Notes Security Register or (ii) by wire transfer in immediately available funds at such place and to such account as may be designated to the Paying Agent by the Person entitled thereto as specified in the Security Register no later than the applicable Record DateRegister. The Securities 1997A Notes will be redeemable as provided in Article V. V hereof. The Securities 1997A Notes will be convertible as provided in Article VIVI hereof. The Securities 1997A Notes will be subordinated in right of payment to Senior Indebtedness of the Company as provided in Article VII hereof. The 1997A Notes will be subject to repurchase by the Company, at the option of the Holders, as provided in the form of Debenture attached as Exhibit A.Article VIII hereof.

Designation, Title and Terms. There is hereby authorized a series of Securities Notes designated the "4 3/4___ % Convertible Subordinated Debentures Notes due 20282002," limited in aggregate principal amount to (a) $334,750,000 150,000,000 plus (b) such aggregate principal amount (which may not exceed $36,050,000 22,500,000 principal amount) of additional 1998A Debentures Notes as shall be purchased by the Underwriters on the Option Second Closing Date pursuant to the Underwriting AgreementAgreement dated November __, 1997 between the Company and Prudential Securities Incorporated, Bear, Xxxxxxx & Co. Inc., Xxxxxxxxx, Lufkin & Xxxxxxxx Securities Corporation and Xxxxxxx, Xxxxxx Inc., which amount shall be as set forth in any written order of the Company for the authentication and delivery of 1998A Debentures Notes pursuant to Section 3.3 2.3 of the Subordinated Indenture. All The Notes will mature on November 1, 2002 and bear interest at a rate of ___% per annum from November __, 1997, or from the 1998A Debentures issued pursuant most recent Interest Payment Date on which interest has been paid or provided for, payable semi-annually on November 1 and May 1 of each year, commencing May 1, 1998, to this First Supplemental Indenture shall the Holder at the close of business on the preceding October 15 or April 15 (whether or not a Business Day), as the case may be. Interest on the Notes will be deemed to have been issued as ofcomputed on the basis of a 360- day year comprised of twelve, and shall begin to accrue interest as specified 30-day months. Principal of, and premium, if any, and interest on the 1998A Debentures Notes will be payable, 1998A Debentures Notes may be presented for conversion and transfers of the 1998A Debentures Notes will be registrable at the office or agency of the Company in the Borough of Manhattan, The City of New York, and transfers of the 1998A Debentures Notes will also be registrable at such other office or agency of the Company as may be maintained for such purpose. In addition, payment of interest may be made, at the option of the Company, by (i) check mailed to the address of the Person person entitled thereto as shown on the Security Register or books of the Registrar;provided, however, that payments to The Depository Trust Company (ii"DTC") will be made by wire transfer in off immediately available funds at such place and to such account as may be designated to the Paying Agent by the Person entitled thereto as specified in the Security Register no later than the applicable Record Dateaccount of DTC or its nominee. The Securities Notes will be redeemable as provided in Article V. The Securities Notes will be convertible as provided in Article VI. The Securities Notes will be subordinated in right of payment to Senior Indebtedness of the Company, as provided in Article VII. The Notes will be subject to repurchase by the Company, at the option of the Holders, as provided in the form of Debenture attached as Exhibit A.Article VIII.

Designation, Title and Terms. There is hereby authorized a series of Securities designated the "4 3/4____% Convertible Subordinated Debentures due 2028," limited in aggregate principal amount to (a) $334,750,000 $ plus (b) such aggregate principal amount (which may not exceed $36,050,000 __________ principal amount) of additional 1998A Debentures as shall be purchased by the Underwriters on the Option Closing Date pursuant to the Underwriting Agreement, which amount shall be as set forth in any written order of the Company for the authentication and delivery of 1998A Debentures pursuant to Section 3.3 of the Subordinated Indenture. All of the 1998A Debentures issued pursuant to this First Supplemental Indenture shall be deemed to have been issued as of, and shall begin to accrue interest as specified herein from, the Closing Date (as such term is defined in the Underwriting Agreement). The 1998A Debentures will be issued only in registered form without coupons and only in denominations of $50 and any integral multiple thereof. The 1998A Debentures will mature on , 2028 and bear interest at a rate of ____% per annum from _____________, 1998, or from the most recent Interest Payment Date to which interest has been paid or duly provided for, payable quarterly in arrears on __________, __________, __________ and __________ of each year, commencing ________________, 1998. The interest so payable, and punctually paid or duly provided for, on any Interest Payment Date will, as provided in the Subordinated Indenture, be paid to the Person in whose name this Security (or one or more Predecessor Securities) is registered at the close of business on the Regular Record Date for such interest, which shall be the fifteenth day of the month of such Interest Payment Date (that is, each __________ 15, __________ 15, __________ 15 and __________ 15). Interest on the 1998A Debentures will be computed on the basis of a 360-day year comprised of twelve, 30-day months. Principal of, and premium, if any, and interest on the 1998A Debentures will be payable, 1998A Debentures may be presented for conversion and transfers of the 1998A Debentures will be registrable at the office or agency of the Company in the Borough of Manhattan, The City of New York, and transfers of the 1998A Debentures will also be registrable at such other office or agency of the Company as may be maintained for such purpose. In addition, payment of interest may be made, at the option of the Company, by (i) check mailed to the address of the Person entitled thereto as shown on the Security Register or (ii) by wire transfer in immediately available funds at such place and to such account as may be designated to the Paying Agent by the Person entitled thereto as specified in the Security Register no later than the applicable Record Date. The Securities will be redeemable as provided in Article V. The Securities will be convertible as provided in Article VI. The Securities will be subject to repurchase by the Company, at the option of the Holders, as provided in the form of Debenture attached as Exhibit A.