Common use of NOTE ISSUANCE, ETC Clause in Contracts

NOTE ISSUANCE, ETC. The Company issued and sold $60,000,000 aggregate principal amount of its 8.59% Senior Notes due November 21, 2008 (as may be amended, restated or otherwise modified from time to time, the “Notes”) pursuant to separate Note Agreements, each dated as of November 21, 2000, entered into by and among the Company and each of the Purchasers listed on Exhibit A attached thereto, as amended by Amendment No. 1 to Note Agreement dated as of February 21, 2002, between the Company and each of the Persons identified on Annex 1 attached thereto, Amendment No. 2 dated as of February 5, 2003, between the Company and each of the Persons identified on Annex 1 attached thereto and Amendment No. 3 dated as of January 11, 2006, between the Company and each of the Persons identified on Annex 1 attached thereto (the “Existing Note Agreement” and, as amended by this Amendment No. 4 to Note Agreement (this “Amendment Agreement”), the “Note Agreement”). The register for the registration and transfer of the Notes indicates that the Persons named in Annex 1 hereto (collectively, the “Current Noteholders”) are currently the holders of the outstanding principal amount of the Notes as set forth next to such holder’s name on Annex 1.

NOTE ISSUANCE, ETC. The Company issued and sold $60,000,000 aggregate principal amount of its 8.59% Senior Notes due November 21, 2008 (as may be amended, restated or otherwise modified from time to time, the “Notes”) pursuant to separate Note Agreements, each dated as of November 21, 2000, entered into by and among the Company and each of the Purchasers listed on Exhibit A attached thereto, as amended by Amendment No. 1 to Note Agreement Agreement, dated as of February 21, 2002, 2002 between the Company and each of the Persons identified on Annex 1 attached thereto, and Amendment No. 2 2, dated as of February 5, 2003, between the Company and each of the Persons identified on Annex 1 attached thereto and Amendment No. 3 dated as of January 11, 2006, 2003 between the Company and each of the Persons identified on Annex 1 attached thereto (the “Existing Note Agreement” and, as amended by this Amendment No. 4 3 to Note Agreement (this “Amendment Agreement”), the “Note Agreement”). The register for the registration and transfer of the Notes indicates that the Persons named in Annex 1 hereto (collectively, the “Current Noteholders”) are currently the holders of the outstanding principal amount of the Notes as set forth next to such holder’s name on Annex 1.