Common use of Further Issues; Repurchases Clause in Contracts

Further Issues; Repurchases. The Company may, without the consent of the Holders, issue Additional Notes under this Indenture with the same terms as the Initial Notes (except, to the extent applicable, for the date as of which interest begins to accrue, the first Interest Payment Date for such Additional Notes and the CUSIP number or other identifying information relating to such Additional Notes) in an unlimited aggregate principal amount; provided, that if any such Additional Notes are not fungible with the Initial Notes for United States federal income tax purposes, such Additional Notes will be identified by a separate CUSIP number or by no CUSIP number. Prior to the issuance of any such Additional Notes, the Company shall deliver to the Trustee a Company Order and an Officer’s Certificate, which shall cover such matters, in addition to those required by Section 12.07, as the Trustee shall request. In addition, upon the request of the Trustee, the Company shall furnish to the Trustee an Opinion of Counsel which shall cover the matters required by Section 12.07. In addition, the Company may at any time and from time to time repurchase Notes by tender offer, open market purchases, negotiated transactions or otherwise, in accordance with applicable securities laws without giving prior notice to or obtaining any consent of the Holders. The Company shall cause any Notes repurchased by the Company pursuant to the foregoing sentence or otherwise (other than Notes repurchased pursuant to cash-settled swaps or other cash-settled derivatives) to be surrendered to the Trustee for cancellation upon the Company’s direction and such Notes will no longer be Outstanding under this Indenture upon their repurchase.

Further Issues; Repurchases. The Company may, without the consent of the Holders, reopen this Indenture and issue Additional Notes under this Indenture with the same terms and the same CUSIP number as the Initial Notes (except, to the extent applicable, except for the date as of which interest begins to accrue, the first Interest Payment Date, the Last Original Issue Date, the Free Trade Date and the De-Legending Deadline Date, if any, for such Additional Notes and the CUSIP number or other identifying information relating to such Additional additional Notes) in an unlimited aggregate principal amount; provided, provided that if any such Additional Notes are not fungible with the Initial Notes for United States U.S. federal income tax purposes, such Additional Notes will shall be identified by a separate CUSIP number or by no CUSIP number. Prior to the issuance of any such Additional Notes, the Company shall deliver to the Trustee a Company Order and an Officer’s Certificate, which shall cover such matters, in addition to those required by Section 12.0713.07, as the Trustee shall request. In addition, upon the request of the Trustee, the Company shall furnish to the Trustee an Opinion of Counsel which shall cover the matters required by Section 12.0713.07. In addition, the Company may at any time and from time to time repurchase Notes by tender offer, open market purchases, negotiated transactions or otherwise, in accordance with applicable securities laws without giving prior notice to or obtaining any consent of the Holderslaws. The Company shall cause any Notes repurchased by the Company pursuant to the foregoing sentence or otherwise (other than Notes repurchased pursuant to cash-settled swaps or other cash-settled derivatives) to be surrendered to the Trustee for cancellation upon the Company’s direction and such Notes will no longer be Outstanding under this the Indenture upon their repurchase.