Common use of Indenture and Guarantees Clause in Contracts

Indenture and Guarantees. This Note is one of a duly authorized issue of Initial Notes of the Company designated as their 9 5/8% Series A Senior Notes due 2009. The Company shall be entitled to issue Additional Notes pursuant to Section 2.14 of the Indenture. The Initial Notes, any Additional Notes, and any Private Exchange Notes and Exchange Notes issued pursuant to the Indenture are treated as a single class of Securities under the Indenture. Capitalized terms herein are used as defined in the Indenture unless otherwise defined herein. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S. code Sections 77aaa-77bbbb) (the " TIA"), as in effect on the date of the Indenture. Notwithstanding anything to the contrary herein, the Notes are subject to all such terms, and Holders of Notes are referred to the Indenture and the TIA for a statement of them. The Notes are general unsecured obligations of the Company. To the extent of any conflict between the terms of the Notes and the Indenture, the applicable terms of the Indenture shall govern. The Notes are entitled to the benefits of the Guarantees by the Guarantors made for the benefit of the Holders. Reference is hereby made to the Indenture for a statement of the respective rights, limitations of rights, duties and obligations thereunder of the Trustee, the Holders and the Guarantors.

Indenture and Guarantees. This Note is one of a duly authorized issue of Initial Notes of the Company designated as their 9 5/8% Series A Senior Notes due 2009. The Company shall be entitled to issue Additional issued the Notes pursuant to Section 2.14 under an Indenture, dated as of February 16, 2005 (the “Indenture. The Initial Notes”), any Additional Notesamong the Company, the Guarantors and any Private Exchange Notes and Exchange Notes issued pursuant to the Indenture are treated as a single class of Securities under the Indenture. Capitalized terms herein are used as defined in the Indenture unless otherwise defined hereinTrustee. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S. code Sections U.S.C. §§ 77aaa-77bbbb) (the " TIA"), as in effect on the date of the Indenture (the “TIA”). Terms defined in the Indenture and used but not defined herein have the meanings ascribed thereto in the Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes (as defined in the Indenture) are referred to the Indenture and the TIA for a statement of themsuch terms and provisions. The Notes are general senior unsecured obligations of the Company. To This Note is one of the extent Exchange Notes referred to in the Indenture. The Notes include the Initial Notes and the Exchange Notes and any Private Exchange Notes issued in exchange for Initial Notes. The Initial Notes, the Exchange Notes and the Private Exchange Notes are treated as a single class of Notes under the Indenture. The Initial Notes of each series and the Exchange Notes and the Private Exchange Notes of the corresponding series are treated as a single series of Notes under the Indenture. The Indenture imposes certain limitations on the ability of the Company and its Restricted Subsidiaries to, among other things, make certain Investments and other Restricted Payments, pay dividends and other distributions, incur Indebtedness, enter into consensual restrictions upon the payment of certain dividends and distributions by such Restricted Subsidiaries, issue or sell shares of Capital Stock of such Restricted Subsidiaries, enter into or permit certain transactions with Affiliates and make asset sales. The Indenture also imposes limitations on the ability of the Company to consolidate or merge with or into any conflict between other Person or convey, transfer or lease all or substantially all of the property of the Company. The Notes are guaranteed, on a senior unsecured basis, by all existing and future Restricted Subsidiaries that are or shall become Guarantors in accordance with the terms of the Notes and the Indenture, the applicable terms of the Indenture shall govern. The Notes are entitled to the benefits of the Guarantees by the Guarantors made for the benefit of the Holders. Reference is hereby made to the Indenture for a statement of the respective rights, limitations of rights, duties and obligations thereunder of the Trustee, the Holders and the Guarantors.

Indenture and Guarantees. This Note is one of a duly authorized issue of Initial Notes of the Company designated as their 9 5/8% Series A Senior Notes due 2009. The Company shall be entitled to issue Additional issued the Notes pursuant to Section 2.14 under an Indenture, dated as of October 13, 2010 (the “Indenture. The Initial Notes”), any Additional Notesamong the Company, the Guarantors and any Private Exchange Notes and Exchange Notes issued pursuant to the Indenture are treated as a single class of Securities under the Indenture. Capitalized terms herein are used as defined in the Indenture unless otherwise defined hereinTrustee. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S. code Sections U.S.C. §§ 77aaa-77bbbb) (the " TIA"), as in effect on the date of the Indenture (the “TIA”). Terms defined in the Indenture and used but not defined herein have the meanings ascribed thereto in the Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes (as defined in the Indenture) are referred to the Indenture and the TIA for a statement of themsuch terms and provisions. The Notes are general senior unsecured obligations of the Company. To This Note is one of the extent series of the Notes that are referred to in the Indenture issued in an aggregate original principal amount of $500,000,000. The Notes include the Notes issued on the Closing Date and any conflict between Additional Notes. The Notes issued on the Closing Date and Additional Notes, if any, are treated as a single class of Notes under the Indenture. The Indenture imposes certain limitations on the ability of the Company and its Restricted Subsidiaries to, among other things, make certain Investments and other Restricted Payments, pay dividends and other distributions, incur Indebtedness, enter into consensual restrictions upon the payment of certain dividends and distributions by such Restricted Subsidiaries, issue or sell shares of Capital Stock of such Restricted Subsidiaries, enter into or permit certain transactions with Affiliates and make asset sales. The Indenture also imposes limitations on the ability of the Company to consolidate or merge with or into any other Person or convey, transfer or lease all or substantially all of the property of the Company. The Notes are guaranteed, on a senior unsecured basis, by all existing and future Restricted Subsidiaries that are or shall become Guarantors in accordance with the terms of the Notes and the Indenture, the applicable terms of the Indenture shall govern. The Notes are entitled to the benefits of the Guarantees by the Guarantors made for the benefit of the Holders. Reference is hereby made to the Indenture for a statement of the respective rights, limitations of rights, duties and obligations thereunder of the Trustee, the Holders and the Guarantors.

Indenture and Guarantees. This Note is one of a duly authorized issue of Initial Notes of the Company designated as their 9 5/8% Series A Senior Notes due 2009. The Company shall be entitled to issue Additional issued the Notes pursuant to Section 2.14 under an Indenture, dated as of March 15, 2010 (the “Indenture. The Initial Notes”), any Additional Notesamong the Company, the Guarantors and any Private Exchange Notes and Exchange Notes issued pursuant to the Indenture are treated as a single class of Securities under the Indenture. Capitalized terms herein are used as defined in the Indenture unless otherwise defined hereinTrustee. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S. code Sections U.S.C. §§ 77aaa-77bbbb) (the " TIA"), as in effect on the date of the Indenture (the “TIA”). Terms defined in the Indenture and used but not defined herein have the meanings ascribed thereto in the Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes (as defined in the Indenture) are referred to the Indenture and the TIA for a statement of themsuch terms and provisions. The Notes are general senior subordinated unsecured obligations of the Company. To This Note is one of the extent series of the Notes that are referred to in the Indenture issued in an aggregate original principal amount of $625,000,000. The Notes include the Notes issued on the Closing Date and any conflict between Additional Notes. The Notes issued on the Closing Date and Additional Notes, if any, are treated as a single class of Notes under the Indenture. The Indenture imposes certain limitations on the ability of the Company and its Restricted Subsidiaries to, among other things, make certain Investments and other Restricted Payments, pay dividends and other distributions, incur Indebtedness, enter into consensual restrictions upon the payment of certain dividends and distributions by such Restricted Subsidiaries, issue or sell shares of Capital Stock of such Restricted Subsidiaries, enter into or permit certain transactions with Affiliates and make asset sales. The Indenture also imposes limitations on the ability of the Company to consolidate or merge with or into any other Person or convey, transfer or lease all or substantially all of the property of the Company. The Notes are guaranteed, on a senior subordinated unsecured basis, by all existing and future Restricted Subsidiaries that are or shall become Guarantors in accordance with the terms of the Notes and the Indenture, the applicable terms of the Indenture shall govern. The Notes are entitled to the benefits of the Guarantees by the Guarantors made for the benefit of the Holders. Reference is hereby made to the Indenture for a statement of the respective rights, limitations of rights, duties and obligations thereunder of the Trustee, the Holders and the Guarantors.

Indenture and Guarantees. This Note is one of a duly authorized issue of Initial Notes of the Company designated as their 9 5/8% Series A Senior Notes due 2009. The Company shall be entitled to issue Additional issued the Notes pursuant to Section 2.14 under an Indenture, dated as of February 16, 2005 (the “Indenture. The Initial Notes”), any Additional Notesamong the Company, the Guarantors and any Private Exchange Notes and Exchange Notes issued pursuant to the Indenture are treated as a single class of Securities under the Indenture. Capitalized terms herein are used as defined in the Indenture unless otherwise defined hereinTrustee. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S. code Sections U.S.C. §§ 77aaa-77bbbb) (the " TIA"), as in effect on the date of the Indenture (the “TIA”). Terms defined in the Indenture and used but not defined herein have the meanings ascribed thereto in the Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes (as defined in the Indenture) are referred to the Indenture and the TIA for a statement of themsuch terms and provisions. The Notes are general senior unsecured obligations of the Company. To This Note is one of the extent series of the Initial Notes that are referred to in the Indenture issued in an aggregate original principal amount of $250,000,000. The Notes include the Initial Notes and any conflict between Exchange Notes and Private Exchange Notes issued in exchange for Initial Notes. The Initial Notes, the Exchange Notes and the Private Exchange Notes are treated as a single class of Notes under the Indenture. The Initial Notes of each series and the Exchange Notes and Private Exchange Notes of the corresponding series are treated as a single series of Notes under the Indenture. The Indenture imposes certain limitations on the ability of the Company and its Restricted Subsidiaries to, among other things, make certain Investments and other Restricted Payments, pay dividends and other distributions, incur Indebtedness, enter into consensual restrictions upon the payment of certain dividends and distributions by such Restricted Subsidiaries, issue or sell shares of Capital Stock of such Restricted Subsidiaries, enter into or permit certain transactions with Affiliates and make asset sales. The Indenture also imposes limitations on the ability of the Company to consolidate or merge with or into any other Person or convey, transfer or lease all or substantially all of the property of the Company. The Notes are guaranteed, on a senior unsecured basis, by all existing and future Restricted Subsidiaries that are or shall become Guarantors in accordance with the terms of the Notes and the Indenture, the applicable terms of the Indenture shall govern. The Notes are entitled to the benefits of the Guarantees by the Guarantors made for the benefit of the Holders. Reference is hereby made to the Indenture for a statement of the respective rights, limitations of rights, duties and obligations thereunder of the Trustee, the Holders and the Guarantors.

Indenture and Guarantees. This Note is one of a duly authorized issue of Initial Notes of the Company designated as their 9 5/8% Series A Senior Notes due 2009. The Company shall be entitled to issue Additional issued the Notes pursuant to Section 2.14 under an Indenture, dated as of June 20, 2002 (the "Indenture. The Initial Notes"), any Additional Notesby and among the Company, the Guarantors and any Private Exchange Notes and Exchange Notes issued pursuant to the Indenture are treated as a single class of Securities under the IndentureTrustee. Capitalized terms herein are used as defined in the Indenture unless otherwise defined herein. Notes in an aggregate principal amount of $200,000,000 were issued on June 20, 2002 (such Notes, the "Initial Notes"). This Note is one of a duly authorized issue of Notes of the Company designated as its 9 1/4% Senior Subordinated Notes due 2010, Series B (the "Exchange Notes"). Exchange Notes in an aggregate principal amount of $[__] are being issued on the date hereof in exchange for Initial Notes pursuant to the Registration Rights Agreement. Additional Notes may be issued subject to Section 4.04 of the Indenture. The Notes include the Initial Notes, the Private Exchange Notes (as defined in the Indenture), the Exchange Notes, other Unrestricted Notes (as defined in the Indenture) and any Additional Notes (as defined in the Indenture). The Notes are treated as a single class of securities under the Indenture. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the United States Trust Indenture Act of 1939 (15 U.S. code Sections U.S.C. (S)(S) 77aaa-77bbbb) (the " "TIA"), as amended, as in effect on the date of the Indenture (except as otherwise indicated in the Indenture) until such time as the Indenture is qualified under the TIA, and thereafter as in effect on the date on which the Indenture is qualified under the TIA. Notwithstanding anything to the contrary herein, the Notes are subject to all such terms, and Holders holders of Notes are referred to the Indenture and the TIA for a statement of them. The Notes are general unsecured obligations of the Company. To the extent of any conflict between the terms of the Notes and the Indenture, the applicable terms of the Indenture shall govern. The Notes are entitled subordinated in right of payment to all Senior Indebtedness of the Company to the benefits extent and in the manner provided in the Indenture. Each Holder of a Note, by accepting a Note, agrees to such subordination, authorizes the Trustee to give effect to such subordination and appoints the Trustee as attorney-in-fact for such purpose. Payment on the Notes is guaranteed (each, a "Guaranty"), on a senior subordinated basis, jointly and severally, by each Restricted Subsidiary (other than Foreign Subsidiaries) of the Guarantees by Company existing on the Guarantors made for the benefit Issue Date (each, a "Guarantor") pursuant to Article Eleven and Article Twelve of the HoldersIndenture. Reference is hereby made In addition, the Indenture requires the Company to cause each Subsidiary other than an existing Guarantor, an Unrestricted Subsidiary or a Foreign Subsidiary formed or acquired after the Issue Date to become a party to the Indenture for as a statement Guarantor and guarantee payment on the Notes pursuant to Article Eleven and Article Twelve of the respective rights, limitations of rights, duties and obligations thereunder Indenture; provided that Foreign Subsidiaries shall also be required to be Guarantors to the extent such Foreign Subsidiaries guarantee Indebtedness of the TrusteeCompany or of any Subsidiary which is not a Foreign Subsidiary in a principal amount equal to or greater than $25.0 million in the aggregate for all Foreign Subsidiaries. In certain circumstances, the Holders and the GuarantorsGuaranties may be released.