Common use of Issuance of Additional Notes Clause in Contracts

Issuance of Additional Notes. After the Issue Date, the Company will be entitled to issue Additional Notes under this Indenture, which Notes shall have identical terms as the Notes issued on the Issue Date, other than with respect to the date of issuance, issue price, original interest accrual date and original interest payment date, and such Additional Notes may not have the benefit of registration rights. All the Notes issued under this Indenture shall be treated as a single class for all purposes of this Indenture including waivers, amendments, redemptions and offers to purchase; provided, however, that in the event that any Additional Notes are not fungible with the Notes for U.S. Federal income tax purposes, such nonfungible Additional Notes shall be issued with a separate CUSIP or ISIN number so that they are distinguishable from the Notes. With respect to any Additional Notes, the Company will set forth in a resolution of the Board of Directors and an Officers’ Certificate, a copy of each which shall be delivered to the Trustee, the following information:

Issuance of Additional Notes. After the Issue DateThe Issuers shall be entitled, the Company will be entitled subject to their compliance with Section 4.09 hereof, to issue Additional Notes under this Indenture, Indenture which Notes shall have identical terms as the Initial Notes issued on the Issue Date, other than with respect to the date of issuance, issue price, original issuance and the date from which interest accrual date accrues. The Initial Notes issued on the Issue Date and original interest payment date, and such any Additional Notes may not have the benefit of registration rights. All the Notes issued under this Indenture shall be treated as a single class for all purposes of under this Indenture including Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; providedprovided that Additional Notes will not be issued with the same CUSIP or ISIN, howeveras applicable, that in as the event that any Initial Notes unless such Additional Notes are not fungible with the Initial Notes for U.S. Federal federal income tax purposes, such nonfungible Additional Notes shall be issued with a separate CUSIP or ISIN number so that they are distinguishable from the Notes. With respect to any Additional Notes, the Company will each Issuer shall set forth in a resolution of the its Board of Directors and the Company shall set forth in an Officers’ Certificate, a copy of each which shall be delivered to the Trustee, the following information:

Issuance of Additional Notes. After the Issue Date, the Company will be entitled to issue Additional Notes under this Indenture, which Notes shall have identical terms as the Notes issued on the Issue Date, other than with respect to the date of issuance, issue price, original interest accrual date and original interest payment dateInterest Payment Date, and such Additional Notes may not have the benefit of registration rights. All the Notes issued under this Indenture shall be treated as a single class for all purposes of this Indenture including waivers, amendments, redemptions and offers to purchase; provided, however, that in the event that any Additional Notes are not fungible with the Notes for U.S. Federal federal income tax purposes, such nonfungible Additional Notes shall be issued with a separate CUSIP or ISIN number so that they are distinguishable from the Notes. With respect to any Additional Notes, the Company will set forth in a resolution of the Board of Directors and an Officers’ Officer’s Certificate, a copy of each which shall be delivered to the Trustee, the following information:

Issuance of Additional Notes. After the Issue Date, the The Company will shall be entitled to issue Additional Notes under this Indenture, which Notes Indenture that shall have identical terms and conditions as the Initial Notes issued on the Issue Date, other than with respect to the date of issuance, issue price, original the first Interest Payment Date applicable thereto and the amount of interest accrual date payable on the first Interest Payment Date applicable thereto; provided that such issuance is not prohibited by Section 4.09. The Initial Notes issued on the Issue Date and original interest payment date, and such any Additional Notes may not have the benefit of registration rights. All the Notes issued under this Indenture shall be treated as a single class for all purposes of under this Indenture including Indenture, including, without limitation, waivers, amendments, redemptions redemptions, Change of Control Offers and offers to purchaseAsset Sale Offers; providedprovided that Additional Notes will not be issued with the same CUSIP or ISIN, howeveras applicable, that in as the event that any Notes issued on the Issue Date unless such Additional Notes are not fungible with the Notes issued on the Issue Date for U.S. Federal federal income tax purposes. For the purposes of this Indenture, such nonfungible except for Section 4.09, references to the Notes include Additional Notes shall be issued with a separate CUSIP or ISIN number so that they are distinguishable from the Notes, if any. With respect to any Additional Notes, the Company will shall set forth in a resolution of the its Board of Directors and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information:

Issuance of Additional Notes. After the Issue DateThe Company shall be entitled, the Company will be entitled upon delivery of an Officers’ Certificate, Opinion of Counsel and Authentication Order, to issue Additional Notes under this Indenture, Indenture which Notes shall have identical terms as the Initial Notes issued on the Issue Date, other than with respect to the date of issuanceissuance and issue price and, issue priceif applicable, original the initial interest accrual date and original the initial interest payment date, subject to compliance with Section 4.09. The Initial Notes and such any Additional Notes may not have the benefit of registration rights. All the Notes issued under this Indenture shall be treated as a single class for all purposes of under this Indenture including waiversIndenture, amendments, redemptions and offers to purchase; provided, however, provided that in if the event that any Additional Notes are not fungible with the Initial Notes for U.S. Federal federal income tax purposes, such nonfungible the Additional Notes shall be issued with will have a separate CUSIP or ISIN number so that they are distinguishable from the Notesnumber. With respect to any Additional Notes, the Company will shall set forth in a resolution of the its Board of Directors and an Officers’ Certificate, a copy of each which shall be delivered to the Trustee, the following information:: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture, (2) the issue price, the date of issuance and the CUSIP number of such Additional Notes and (3) that the issuance of such Additional Notes does not contravene Section 4.09 hereof.

Issuance of Additional Notes. After the Issue DateThe Company shall be entitled, the Company will be entitled upon delivery of an Officers’ Certificate, Opinion of Counsel and Authentication Order, to issue Additional Notes under this Indenture, Indenture which Notes shall have identical terms as the Initial Notes issued on the Issue Date, other than with respect to the date of issuanceissuance and issue price and, issue priceif applicable, original the initial interest accrual date and original the initial interest payment date, subject to compliance with Section 4.09 hereof. The Initial Notes and such any Additional Notes may not have the benefit of registration rights. All the Notes issued under this Indenture shall will be treated as a single class for all purposes of under this Indenture including waiversIndenture, amendments, redemptions and offers to purchase; provided, however, provided that in if the event that any Additional Notes are not fungible with the Initial Notes for U.S. Federal federal income tax purposes, such nonfungible the Additional Notes shall be issued with will have a separate CUSIP or ISIN number so that they are distinguishable from the Notesnumber. With respect to any Additional Notes, the Company will shall set forth in a resolution of the its Board of Directors and an Officers’ Certificate, a copy of each which shall be delivered to the Trustee, the following information:: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture, (2) the issue price, the date of issuance and the CUSIP number of such Additional Notes and (3) that the issuance of such Additional Notes does not contravene Section 4.09 hereof.

Issuance of Additional Notes. After the Issue Date, the Company will Issuer shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Notes under this Indenture, which Notes shall have identical terms as the Notes issued on the Issue Date, other than with respect to the date of issuance, issue price, original interest accrual date and original interest payment date, and such Additional Notes may not have the benefit of registration rights. All the Notes issued under this Indenture shall be treated as a single class for all purposes of this Indenture Indenture, including waivers, amendments, redemptions and offers to purchase; purchase; provided, however, that in the event that any Additional Notes are not fungible with the Notes for U.S. Federal income tax purposes, such nonfungible Additional Notes shall be issued with a separate CUSIP or ISIN number so that they are distinguishable from the Notes. With respect to any Additional Notes, the Company will Issuer shall set forth in a resolution of the Board of Directors and an Officers’ Certificate, a copy of each which shall be delivered to the Trustee, the following information:

Issuance of Additional Notes. After the Issue DateThe Issuer shall be entitled, the Company will be entitled subject to its compliance with Section 4.09 hereof, to issue Additional Notes under this Indenture, Indenture which Notes shall have identical terms as the Initial Notes issued on the Issue Datedate hereof, other than with respect to the date of issuance, issuance and issue price, original price and amount of interest accrual payable on the first payment date applicable thereto. The Initial Notes issued on the date hereof and original interest payment date, and such any Additional Notes may not have the benefit of registration rights. All the Notes issued under this Indenture shall be treated as a single class for all purposes of under this Indenture Indenture, including without limitation, waivers, amendments, redemptions and offers to purchase; provided, however, that in the event that any Additional Notes that are not fungible with the Notes for U.S. Federal federal income tax purposes, such nonfungible Additional Notes purposes shall be issued with have a separate CUSIP or and/or ISIN number so that they are distinguishable from the Notesnumber. With respect to any Additional Notes, the Company will Issuer shall set forth in a resolution Board Resolution of the its Board of Directors and an Officers’ Officer’s Certificate, a copy of each of which shall be delivered to the Trustee, the following information:

Issuance of Additional Notes. After the Issue DateThe Issuer shall be entitled, the Company will be entitled subject to its compliance with Sections 4.09 and 4.11 hereof, to issue Additional Notes under this Indenture, Indenture which Notes shall have identical terms as the Notes issued on the Issue DateInitial Notes, other than with respect to the date of issuance, issue price, original interest accrual date and original interest payment date, the issue price and such amount of interest payable on the first Interest Payment Date applicable thereto. The Initial Notes issued on the date hereof and any Additional Notes may not have the benefit of registration rights. All the Notes issued under this Indenture shall be treated as a single class for all purposes of under this Indenture Indenture, including without limitation, waivers, amendments, redemptions and offers to purchase; provided, however, that in the event that any Additional Notes that are not fungible with the Notes for U.S. Federal federal income tax purposes, such nonfungible Additional Notes purposes shall be issued with have a separate CUSIP or and/or ISIN number so that they are distinguishable from the Notesnumber. With respect to any Additional Notes, the Company will Issuer shall set forth in a resolution Board Resolution of the its Board of Directors and an Officers’ Officer’s Certificate, a copy of each of which shall be delivered to the Trustee, the following information:

Issuance of Additional Notes. After the Issue Date, the Company The Issuer will be entitled entitled, from time to time, subject to its compliance with Section 4.09, without consent of the Holders, to issue Additional Notes under this Indenture, which Notes shall have Indenture with identical terms as the Initial Notes issued on the Issue Date, Date other than with respect to (a) the date of issuance, (b) the issue price, original (c) the amount of interest accrual date to be accrued on the first Interest Accrual Date and original interest payment date(d) any adjustments in order to conform to and ensure compliance with the Securities Act (or other applicable securities laws). The Notes and the Additional Notes, and such Additional Notes may not have the benefit of registration rights. All the Notes issued under this Indenture if any, shall be treated as a single class for all purposes of this Indenture Indenture, including waivers, amendments, redemptions amendments and offers to purchaseredemptions; provided, however, provided that in the event that if any Additional Notes subsequently issued are not fungible with the Notes for U.S. Federal federal income tax purposespurposes or securities law purposes with any Notes previously issued, such nonfungible Additional Notes shall be trade separately from such previously issued with Notes under a separate CUSIP or ISIN number so that they are distinguishable from the Notesbut shall otherwise be treated as a single class with all other Notes issued under this Indenture. With respect to any Additional Notes, the Company Issuer will set forth in an Officer’s Certificate pursuant to a resolution of the Board of Directors and an Officers’ Certificateof the Issuer, a copy copies of each which shall will be delivered to the Trustee, the following information:

Issuance of Additional Notes. After the Issue Date, the Company will The Companies shall be entitled to issue Additional Notes additional notes of any series under this Indenture, the Indenture which Notes shall have identical terms as the initial Notes of such series issued on the Issue Datedate hereof (the “Initial Notes”), other than with respect to the date of issuanceissuance and issue price (any such additional notes, issue price, original interest accrual the “Additional Notes”). Any series of Initial Notes issued on the date hereof and original interest payment date, and such any Additional Notes may not have the benefit of registration rights. All the Notes such series subsequently issued under this the Indenture shall be treated as a single class with their respective series for all purposes of this Indenture under the Indenture, including waivers, amendments, redemptions and offers to purchase; provided, however, that in the event that any Additional Notes of a series are not fungible with the Initial Notes of such series for U.S. Federal federal income tax purposes, such nonfungible non-fungible Additional Notes shall be issued with a separate CUSIP or number and ISIN number so that they are distinguishable from the applicable Initial Notes. With respect to any Additional Notes, the Company will Companies shall set forth in a resolution of the Board of Directors and an Officers’ Certificate, a copy of each which shall be delivered to the Trustee, the following information:

Issuance of Additional Notes. After the Issue Date, the Company will shall be entitled entitled, without the notice or consent of Holders, to issue Additional Notes under this Indenture, which Notes shall have identical terms as the Notes issued on the Issue Date, other than with respect to the date of issuance, issue price, original interest accrual date and original interest payment date, and such Additional Notes may not have the benefit of registration rights. All the Notes issued under this Indenture shall be treated as a single class and consolidated and form a single series with the Issue Date Notes for all purposes of this Indenture including waivers, amendments, redemptions and offers to purchase; provided, however, that in the event that any Additional Notes are not fungible with the Notes for U.S. Federal income tax purposes, such nonfungible . Such Additional Notes shall be issued for U.S. federal income tax purposes in a “qualified reopening” or with no more than a separate CUSIP or ISIN number so that they are distinguishable from the Notesde minimis amount of original issue discount. With respect to any Additional Notes, the Company will shall set forth in a resolution of the Board of Directors and an Officers’ Officer’s Certificate, a copy of each which shall be delivered to the Trustee, the following information:

Issuance of Additional Notes. After the Issue DateThe Company shall be entitled, from time to time, without notice to, or consent of, the Company will be entitled Holders of the Notes, to create and issue additional principal amounts of Additional Notes under this Indenture, Indenture which Notes shall have identical terms as the Initial Notes issued on the Issue Date, Date (other than with respect to the date of issuanceissue date, issue price, original the payment of interest accrual accruing prior to the issue date thereof and original the first payment of interest payment date(including Additional Interest, if any) thereon, and such any Additional Notes Amounts due with respect thereto, after the issue date thereof), as the case may not have the benefit of registration rights. All the Notes issued under this Indenture shall be treated as a single class for all purposes of this Indenture including waivers, amendments, redemptions and offers to purchasebe; provided, however, that in the event that any Additional Notes unless such additional notes are not issued under a separate CUSIP number, such additional notes must be fungible with the Notes original notes for U.S. Federal federal income tax purposes, such nonfungible Additional Notes shall be issued with a separate CUSIP or ISIN number so that they are distinguishable from the Notes. With respect to any Additional Notes, the Company will shall set forth in a resolution of the Board of Directors Resolution and an Officers’ Certificate, a copy of each which shall be delivered to the Trustee, the following information:

Issuance of Additional Notes. After the Issue Date, the Company will Issuer shall be entitled entitled, subject to its compliance with Section 4.03 and Section 4.13, to issue Additional Notes under this Indenture, which Notes shall have identical terms as the Notes issued on the Issue Date, other than with respect to the date of issuance, issue price, original interest accrual date and original interest payment date, and such Additional Notes may not have the benefit of registration rights. All the Notes issued under this Indenture shall be treated as a single class for all purposes of this Indenture Indenture, including waivers, amendments, redemptions and offers to purchase; provided, however, that in the event that any Additional Notes are not fungible with the Notes for U.S. Federal income tax purposes, such nonfungible Additional Notes shall be issued with a separate CUSIP or ISIN number so that they are distinguishable from the Notes. With respect to any Additional Notes, the Company will Issuer shall set forth in a resolution of the Board of Directors and an Officers’ Certificate, a copy of each which shall be delivered to the Trustee, the following information:

Issuance of Additional Notes. After the Issue Date, the Company will Issuer shall be entitled entitled, subject to its compliance with Sections 4.06 and 4.10, to issue Additional Notes under this Indenture, which Notes shall have identical terms as the Notes issued on the Issue DateInitial Notes, other than with respect to the date of issuance, issuance and issue price, original interest accrual date and original interest payment date, and such Additional Notes may not have the benefit of registration rights. All the Notes issued under this Indenture shall be treated as a single class for all purposes of this Indenture including waivers, amendments, redemptions and offers to purchase; provided, however, that in the event that any Additional Notes are not fungible with the other Notes for U.S. Federal income tax purposes, such nonfungible Additional Notes shall be issued with a separate CUSIP CUSIP, ISIN or ISIN other identifying number so that they are distinguishable from the Notesany other Notes issued under this Indenture. With respect to any Additional Notes, the Company will Issuer shall set forth in a resolution of the Board of Directors and an Officers’ Officer’s Certificate, a copy of each of which shall be delivered to the Trustee, the following information:: (a) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; and (b) the issue price, the issue date and the CUSIP number of such Additional Notes. ARTICLE 3

Issuance of Additional Notes. After the Issue Date, the Company The Issuer will be entitled entitled, from time to time, subject to its compliance with Section 4.09, without consent of the Holders, to issue Additional Notes under this Indenture, which Notes shall have Indenture with identical terms as the Initial Notes issued on the Issue Date other than with respect to (i) the date of issuance, (ii) the issue price, (iii) the amount of interest payable on the first interest payment date and (iv) any adjustments in order to conform to and ensure compliance with the Securities Act (or other applicable securities laws). The Initial Notes issued on the Issue Date, other than with respect to the date of issuance, issue price, original interest accrual date and original interest payment date, and such any Additional Notes may not have the benefit of registration rights. All the and all Exchange Notes issued under this Indenture shall in exchange therefor will be treated as a single class for all purposes of under this Indenture including waiversIndenture; provided that, amendments, redemptions and offers to purchase; provided, however, that in the event that if any Additional Notes are not fungible with the Notes for U.S. Federal federal income tax purposespurposes or securities law purposes with any Notes previously issued, such nonfungible Additional Notes shall be trade separately from such previously issued with Notes under a separate CUSIP or ISIN number so that they are distinguishable from the Notesbut shall otherwise be treated as a single class with all other Notes issued under this Indenture. With respect to any Additional Notes, the Company Issuer will set forth in an Officer’s Certificate pursuant to a resolution of the Board of Directors and an Officers’ Certificateof the Issuer, a copy copies of each which shall will be delivered to the Trustee, the following information:

Issuance of Additional Notes. After the Issue Date, the Company will be entitled to issue Additional Notes under this Indenture, which Notes shall have identical terms as the Notes issued on the Issue Date, other than with respect to the date of issuance, issue price, original interest accrual date and original interest payment date, and such Additional Notes may not have the benefit of registration rights. All the Notes issued under this Indenture shall be treated as a single class for all purposes of this Indenture including waivers, amendments, redemptions and offers to purchase; provided, however, that in the event that any Additional Notes are not fungible with the Notes for U.S. Federal income tax purposes, such nonfungible Additional Notes shall be issued with a separate CUSIP or ISIN number so that they are distinguishable from the Notes. With respect to any Additional Notes, the Company will set forth in a supplemental indenture or a resolution of the Board of Directors and an Officers’ Certificate, a copy of each which shall be delivered to the Trustee, the following information:

Issuance of Additional Notes. After the Issue Date, the Company will shall be entitled entitled, without the notice or consent of Holders, to issue Additional Notes under this Indenture, which Notes shall have identical terms as the Notes issued on the Issue Date, other than with respect to the date of issuance, issue price, original interest accrual date and original interest payment date, and such Additional Notes may not have the benefit of registration rights. All the Notes issued under this Indenture shall be treated as a single class and consolidated and form a single series with the Issue Date Notes for all purposes of this Indenture including waivers, amendments, redemptions and offers to purchase; provided, however, that in the event that any Additional Notes are not fungible with the Notes for U.S. Federal income tax purposes, such nonfungible . Such Additional Notes shall be issued for U.S. federal income tax purposes in a “qualified reopening” or with no more than a separate CUSIP or ISIN number so that they are distinguishable from the Notesde minimis amount of original issue discount. With respect to any Additional Notes, the Company will shall set forth in a resolution of the Board of Directors and an Officers’ Officer’s Certificate, a copy of each which shall be delivered to the Trustee, the following information:

Issuance of Additional Notes. After the Issue Date, the Company will be entitled to issue Additional Notes under this Indenture, which Notes shall have identical terms as the Notes issued on the Issue Date, other than with respect to the date of issuance, issue price, original interest accrual date and original interest payment date, and such Additional Notes may not have the benefit of registration rights. All the Notes issued under this Indenture shall be treated as a single class for all purposes of this Indenture including waivers, amendments, redemptions and offers to purchase; provided, however, that in the event that any Additional Notes are not fungible with the Notes for U.S. Federal income tax purposes, such nonfungible Additional Notes shall be issued with a separate CUSIP or and ISIN number numbers so that they are distinguishable from the Notes. With respect to any Additional Notes, the Company will set forth in a supplemental indenture or a resolution of the Board of Directors and an Officers’ Certificate, a copy of each which shall be delivered to the Trustee, the following information:

Issuance of Additional Notes. After the Issue Date, the Company will Issuer shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Notes under this Indenture, which Notes shall have identical terms as the Notes issued on the Issue Date, other than with respect to the date of issuance, issue price, original interest accrual date and original interest payment date, and such Additional Notes may not have the benefit of registration rights. All the Notes issued under this Indenture shall be treated as a single class for all purposes of this Indenture Indenture, including waivers, amendments, redemptions and offers to purchase; provided, however, that in the event that any Additional Notes are not fungible with the Notes for U.S. Federal income tax purposes, such nonfungible Additional Notes shall be issued with a separate CUSIP or ISIN number so that they are distinguishable from the Notes. With respect to any Additional Notes, the Company will Issuer shall set forth in a resolution of the Board of Directors and an Officers’ Certificate, a copy of each which shall be delivered to the Trustee, the following information: