Common use of Indenture and Guarantees Clause in Contracts

Indenture and Guarantees. The Company issued the Securities under an Indenture dated as of June 28, 2001 (the "INDENTURE") between the Company and the Trustee. The terms of the Securities are more fully stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939, as amended (15 U.S. Code Sections 77aaa-77bbbb) (the "ACT"), as in effect on the date of the Indenture. The Securities are subject to all such terms, and Holders are referred to the Indenture and the Act A-5 for a statement of such terms. The Securities are general unsecured senior obligations of the Company unlimited in aggregate principal amount, of which $250 million will be issued in the Offering, and unlimited additional amounts may be issued after the Issuance Date (except for Securities issued in substitution for destroyed, mutilated, lost or stolen Securities). Terms used herein which are defined in the Indenture have the meanings assigned to them in the Indenture. Payment on the Securities is guaranteed (each, a "GUARANTEE"), on a senior basis, jointly and severally, by each of the Guarantors pursuant to Article Ten of the Indenture. In addition, the Indenture requires the Company to cause any Subsidiary which is designated as a Restricted Subsidiary to be made a Guarantor, and provides that, at the Company's discretion, any Unrestricted Subsidiary may be made a Guarantor.

Indenture and Guarantees. The Company issued the Securities Notes under an Indenture Indenture, dated as of June 2816, 2001 1999 (the "INDENTUREIndenture") between ), among the Company Company, the Guarantors and the Trustee. This Note is one of a duly authorized issue of Initial Notes of the Company designated as their 9 5/8% Series B Senior Notes due 2009. The Company shall be entitled to issue Additional Notes pursuant to Section 2.14 of the Indenture, and any Additional Notes 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 Securities are more fully Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939, as amended 1939 (15 U.S. Code code Sections 77aaa-77bbbb) (the "ACTTIA"), as in effect on the date of the Indenture. The Securities 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 Act A-5 TIA for a statement of such termsthem. The Securities Notes are general unsecured senior obligations of the Company unlimited in aggregate principal amountCompany. To the extent of any conflict 113 B-4 between the terms of the Notes and the Indenture, the applicable terms of which $250 million will be issued in the Offering, and unlimited additional amounts may be issued after the Issuance Date (except for Securities issued in substitution for destroyed, mutilated, lost or stolen Securities). Terms used herein which are defined in the Indenture have shall govern. The Notes are entitled to the meanings assigned to them in the Indenture. Payment on the Securities is guaranteed (each, a "GUARANTEE"), on a senior basis, jointly and severally, by each benefits of the Guarantees by the Guarantors pursuant to Article Ten made for the benefit of the IndentureHolders. In additionReference is hereby made to the Indenture for a statement of the respective rights, limitations of rights, duties and obligations thereunder of the Trustees, the Indenture requires the Company to cause Holders and any Subsidiary which is designated as a Restricted Subsidiary to be made a Guarantor, and provides that, at the Company's discretion, any Unrestricted Subsidiary may be made a GuarantorGuarantors.

Indenture and Guarantees. The Company issued the Securities Notes ------------------------ under an Indenture dated as of June 28February 1, 2001 2002 (the "INDENTUREIndenture") between the --------- Company and the Trustee. The terms of the Securities Notes are more fully stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939, as amended (15 U.S. Code Sections 77aaa-77bbbb) (the "ACT"), as in effect on the date of the IndentureIndenture (the "TIA"). The Securities Notes are subject to all --- such terms, and Holders are referred to the Indenture and the Act A-5 TIA for a statement of such terms. The Securities Notes are general unsecured senior subordinated obligations of the Company unlimited in aggregate principal amount, of which $250 175.0 million will be issued in the Offering, and unlimited additional amounts may be issued after the Issuance Issue Date (except for Securities Notes issued in substitution for destroyed, mutilated, lost or stolen SecuritiesNotes). Terms used herein which are defined in the Indenture have the meanings assigned to them in the Indenture. Payment on the Securities Notes is guaranteed (each, a "GUARANTEENote Guarantee"), on a -------------- senior subordinated basis, jointly and severally, by each of the Guarantors pursuant to Article Ten 11 of the Indenture. In addition, the Indenture requires the Company to cause any Subsidiary which is designated as a Restricted Subsidiary to be made a Guarantor, and provides that, at the Company's discretion, any Unrestricted Subsidiary may be made a Guarantor.

Indenture and Guarantees. The Company issued the Securities Notes under an Indenture dated as of June 28April 23, 2001 2002 (the "INDENTUREIndenture") between among the Company Company, the Guarantors and the Trustee. The terms of the Securities Notes are more fully stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939, as amended (15 U.S. Code Sections 77aaa-77bbbb) (the "ACT"), as in effect on the date of the IndentureIndenture (the "TIA"). The Securities Notes are subject to all such terms, and Holders are referred to the Indenture and the Act A-5 TIA for a statement of such terms. The Securities Notes are general unsecured senior obligations of the Company unlimited in aggregate principal amountlimited to $475.0 million, of which $250 200.0 million will be issued in the Offering, and unlimited additional amounts the remaining $275.0 million may be issued after the Issuance Issue Date (except for Securities Notes issued in substitution for destroyed, mutilated, lost or stolen SecuritiesNotes). Terms used herein which are defined in the Indenture have the meanings assigned to them in the Indenture. Payment on the Securities Notes is guaranteed (each, a "GUARANTEENote Guarantee"), on a senior basis, jointly and severally, by each of the Guarantors pursuant to Article Ten 10 of the Indenture. In addition, the Indenture requires the Company to cause any Subsidiary which is designated as a Restricted Subsidiary to be made a Guarantor, and provides that, at the Company's discretion, any Unrestricted Subsidiary may be made a Guarantor.

Indenture and Guarantees. The Company issued the Securities under an Indenture dated as of June 28, 2001 (the "INDENTURE") between the Company and the Trustee. The terms of the Securities are more fully stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939, as amended (15 U.S. Code Sections 77aaa-77bbbb) (the "ACT"), as in effect on the date of the Indenture. The Securities are subject to all such terms, and Holders are referred to the Indenture and the Act A-5 for a statement of such terms. The Securities are general unsecured senior obligations of the Company unlimited in aggregate principal amount, of which $250 150 million will be issued in A-5 the Offering, and unlimited additional amounts may be issued after the Issuance Date (except for Securities issued in substitution for destroyed, mutilated, lost or stolen Securities). Terms used herein which are defined in the Indenture have the meanings assigned to them in the Indenture. Payment on the Securities is guaranteed (each, a "GUARANTEE"), on a senior subordinated basis, jointly and severally, by each of the Guarantors pursuant to Article Ten Eleven of the Indenture. In addition, the Indenture requires the Company to cause any Subsidiary which is designated as a Restricted Subsidiary to be made a Guarantor, and provides that, at the Company's discretion, any Unrestricted Subsidiary may be made a Guarantor.