Common use of Indenture; Registration Rights Agreement Clause in Contracts

Indenture; Registration Rights Agreement. The Company issued the Notes under an Indenture, dated as of February 27, 2017 (as it may be amended or supplemented from time to time in accordance with the terms thereof, the “Indenture”), among the Company, the Guarantors and the Trustee. 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, as amended (15 U.S.C. §§ 77aaa-77bbbb) (the “Act”), although the Indenture is not required to be qualified under the Act. Capitalized terms used herein and not defined herein have the meanings ascribed thereto in the Indenture. The Notes are subject to all terms and provisions of the Indenture, and Holders are referred to the Indenture and the Act for a statement of those terms. The Notes are senior unsecured obligations of the Company. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is unlimited. This Note is one of the 5.75% Senior Notes due 2025 referred to in the Indenture. The Notes are Additional Notes under the Indenture and the Company shall be entitled to issue further Additional Notes pursuant to Section 2.01 of the Indenture. The Initial Notes and Additional Notes are treated as a single class of securities under the Indenture. The Indenture imposes certain restrictions on the incurrence of certain liens, sale-leaseback transactions, and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information and the provision of guarantees of the Notes by certain subsidiaries. To guarantee the due and punctual payment of the principal, premium, if any, and interest (including post-filing or post-petition interest) on the Notes and all other amounts payable by the Company under the Indenture, and the Notes (including expenses and indemnification) when and as the same shall be due and payable, whether at maturity, by acceleration or otherwise, according to the terms of the Notes and the Indenture, the Guarantors have as primary obligors and not merely as sureties, irrevocably and unconditionally guaranteed (and future guarantors, together with the Guarantors, will unconditionally guarantee), jointly and severally, on a senior basis, all such obligations pursuant to the terms of the Indenture. The Holder of this Note is entitled to the benefits of the Registration Rights Agreement, dated as of February 27, 2017 as amended and supplemented as of the date hereof (the “Registration Rights Agreement”), among the Company, the Guarantors and the other parties thereto, which provides in certain circumstances for the payment of additional interest.

Indenture; Registration Rights Agreement. The Company issued the Notes under an Indenture, dated as of February 27, 2017 (as it may be amended or supplemented from time to time in accordance with the terms thereof, the “Indenture”), among the Company, the Guarantors and the Trustee. 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, as amended (15 U.S.C. §§ 77aaa-77bbbb) (the “Act”), although the Indenture is not required to be qualified under the Act. Capitalized terms used herein and not defined herein have the meanings ascribed thereto in the Indenture. The Notes are subject to all terms and provisions of the Indenture, and Holders are referred to the Indenture and the Act for a statement of those terms. The Notes are senior unsecured obligations of the Company. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is unlimited. This Note is one of the 5.75% Senior Notes due 2025 referred to in the Indenture. The Notes are Additional include (i) $500,000,000 aggregate principal amount of the Company’s 5.75% Senior Notes due 2025 issued under the Indenture on February 27, 2017 (herein called “Initial Notes”) and (ii) if and when issued, additional 5.75% Senior Notes due 2025 of the Company shall that may be entitled issued from time to issue further time under the Indenture subsequent to February 27, 2017 (herein called “Additional Notes pursuant to Notes”) as provided in Section 2.01 of the Indenture. The Initial Notes and Additional Notes are treated as a single class of securities under the Indenture. The Indenture imposes certain restrictions on the incurrence of certain liens, sale-leaseback transactions, and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information and the provision of guarantees of the Notes by certain subsidiaries. To guarantee the due and punctual payment of the principal, premium, if any, and interest (including post-filing or post-petition interest) on the Notes and all other amounts payable by the Company under the Indenture, Indenture and the Notes (including expenses and indemnification) when and as the same shall be due and payable, whether at maturity, by acceleration or otherwise, according to the terms of the Notes and the Indenture, the Guarantors have as primary obligors and not merely as sureties, irrevocably and unconditionally guaranteed (and future guarantors, together with the Guarantors, will unconditionally guarantee), jointly and severally, on a senior secured basis, all such obligations pursuant to the terms of the Indenture. The Holder of this Note is entitled to the benefits of the Registration Rights Agreement, dated as of February 27, 2017 as amended and supplemented as of the date hereof (the “Registration Rights Agreement”), among the Company, the Guarantors and Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated, as representative of the other parties theretoseveral initial purchasers of the Notes, which provides in certain circumstances for the payment of additional interest.

Indenture; Registration Rights Agreement. The Company issued the Notes under an Indenture, dated as of February 27May 13, 2017 2019 (as it may be amended or supplemented from time to time in accordance with the terms thereof, the “Indenture”), among the Company, the Guarantors and the Trustee. 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, as amended (15 U.S.C. §§ 77aaa-77bbbb) (the “Act”), although the Indenture is not required to be qualified under the Act. Capitalized terms used herein and not defined herein have the meanings ascribed thereto in the Indenture. The Notes are subject to all terms and provisions of the Indenture, and Holders are referred to the Indenture and the Act for a statement of those terms. The Notes are senior unsecured obligations of the Company. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is unlimited. This Note is one of the 5.755.875% Senior Guaranteed Notes due 2025 2027 referred to in the Indenture. The Notes are Additional include (i) $750,000,000 aggregate principal amount of the Company’s 5.875% Senior Guaranteed Notes due 2027 issued under the Indenture on May 13, 2019 (herein called “Initial Notes”) and (ii) if and when issued, additional 5.875% Senior Guaranteed Notes due 2027 of the Company shall that may be entitled issued from time to issue further time under the Indenture subsequent to May 13, 2019 (herein called “Additional Notes pursuant to Notes”) as provided in Section 2.01 of the Indenture. The Initial Notes and Additional Notes are treated as a single class of securities under the Indenture. The Indenture imposes certain restrictions on the incurrence of certain liens, sale-leaseback transactions, and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information and the provision of guarantees of the Notes by certain subsidiaries. To guarantee the due and punctual payment of the principal, premium, if any, and interest (including post-filing or post-petition interest) on the Notes and all other amounts payable by the Company under the Indenture, and the Notes (including expenses and indemnification) when and as the same shall be due and payable, whether at maturity, by acceleration or otherwise, according to the terms of the Notes and the Indenture, the Guarantors have as primary obligors and not merely as sureties, irrevocably and unconditionally guaranteed (and future guarantors, together with the Guarantors, will unconditionally guarantee), jointly and severally, on a senior unsecured basis, all such obligations pursuant to the terms of the Indenture. The Holder of this Note is entitled to the benefits of the Registration Rights Agreement, dated as of February 27May 13, 2017 as amended and supplemented as of the date hereof 2019 (the “Registration Rights Agreement”), among the Company, the Guarantors and Xxxxxxx Xxxxx & Co. LLC, as the other parties theretoinitial purchaser of the Notes, which provides in certain circumstances for the payment of additional interest.

Indenture; Registration Rights Agreement. The Company issued the Notes under an Indenture, dated as of February 27, 2017 (as it may be amended or supplemented from time to time in accordance with the terms thereof, the “Indenture”), among the Company, the Guarantors and the Trustee. 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, as amended (15 U.S.C. §§ 77aaa-77bbbb) (the “Act”), although the Indenture is not required to be qualified under the Act. Capitalized terms used herein and not defined herein have the meanings ascribed thereto in the Indenture. The Notes are subject to all terms and provisions of the Indenture, and Holders are referred to the Indenture and the Act for a statement of those terms. The Notes are senior unsecured obligations of the Company. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is unlimited. This Note is one of the 5.75% Senior Notes due 2025 referred to in the Indenture. The Notes are Additional include (i) $500,000,000 aggregate principal amount of the Company’s 5.75% Senior Notes due 2025 issued under the Indenture on February 27, 2017 (herein called “Initial Notes”) and (ii) if and when issued, additional 5.75% Senior Notes due 2025 of the Company shall that may be entitled issued from time to issue further time under the Indenture subsequent to February 27, 2017 (herein called “Additional Notes pursuant to Notes”) as provided in Section 2.01 of the Indenture. The Initial Notes and Additional Notes are treated as a single class of securities under the Indenture. The Indenture imposes certain restrictions on the incurrence of certain liens, sale-leaseback transactions, and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information and the provision of guarantees of the Notes by certain subsidiaries. To guarantee the due and punctual payment of the principal, premium, if any, and interest (including post-filing or post-petition interest) on the Notes and all other amounts payable by the Company under the Indenture, and the Notes (including expenses and indemnification) when and as the same shall be due and payable, whether at maturity, by acceleration or otherwise, according to the terms of the Notes and the Indenture, the Guarantors have as primary obligors and not merely as sureties, irrevocably and unconditionally guaranteed (and future guarantors, together with the Guarantors, will unconditionally guarantee), jointly and severally, on a senior unsecured basis, all such obligations pursuant to the terms of the Indenture. The Holder of this Note is entitled to the benefits of the Registration Rights Agreement, dated as of February 27, 2017 as amended and supplemented as of the date hereof (the “Registration Rights Agreement”), among the Company, the Guarantors and Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated, as representative of the other parties theretoseveral initial purchasers of the Notes, which provides in certain circumstances for the payment of additional interest.