Establishment There is hereby established a new series of Senior Notes to be issued under the Indenture, to be designated as the Company's Series U Floating Rate Senior Notes due February 17, 2009 (the "Series U Notes"). There are to be authenticated and delivered $150,000,000 principal amount of Series U Notes, and such principal amount of the Series U Notes need not be issued at the same time and such series may be reopened at any time, without the consent of any Holder, for issuances of additional Series U Notes. Any such additional Series U Notes will have the same interest rate, maturity and other terms as those initially issued. No Series U Notes shall be authenticated and delivered in excess of the principal amount as so increased except as provided by Sections 203, 303, 304 or 907 of the Original Indenture. The Series U Notes shall be issued in definitive fully registered form. The Series U Notes shall be issued in the form of one or more Global Securities in substantially the form set out in Exhibit A hereto. The Depositary with respect to the Series U Notes shall be The Depository Trust Company. The form of the Trustee's Certificate of Authentication for the Series U Notes shall be in substantially the form set forth in Exhibit B hereto. Each Series U Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof or from the most recent Interest Payment Date to which interest has been paid or duly provided for. The Series U Notes will not be redeemable at the option of the Company prior to the Stated Maturity and will not have a sinking fund.
Establishment of Accounts The Escrow Agent hereby instructs the Depositary, and the Depositary agrees, to establish the separate deposit accounts listed on Schedule I hereto and to establish such additional separate deposit accounts as may be required in connection with the deposits contemplated by Section 2.4 hereof (each, an “Account” and collectively, the “Accounts”), each in the name of the Escrow Agent and all on the terms and conditions set forth in this Agreement.