Common use of Payment of Interest; Defaulted Interest Clause in Contracts

Payment of Interest; Defaulted Interest. Interest on any Note which is payable, and is punctually paid or duly provided for, on any Interest Payment Date shall be paid to the Person in whose name that Note (or one or more Predecessor Notes) is registered at the close of business on the Regular Record Date for such interest payment. If the Issuers default in a payment of interest on the Notes, they shall pay the defaulted interest in any lawful manner plus, to the extent lawful, interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, in each case at the rate provided in the Notes and in Section 4.01 hereof. The Issuers shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment. The Issuers shall fix or cause to be fixed each such special record date and payment date; provided that no such special record date shall be less than 10 days prior to the related payment date for such defaulted interest. At least 15 days before the special record date, the Issuers (or, upon the written request of the Issuers, the Trustee in the name and at the expense of the Issuers) shall mail or deliver or cause to be mailed or delivered to Holders a notice that states the special record date, the related payment date and the amount of such interest to be paid. Notwithstanding the foregoing, the Issuers may make payment in cash of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Payment of Interest; Defaulted Interest. Interest on any Note which that is payable, and is punctually paid or duly provided for, on any Interest Payment Date shall be paid to the Person in whose name that Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the Regular Record Date for such interest paymentinterest. If the Issuers default Company defaults in a payment of interest on the NotesNotes which is payable (“Defaulted Interest”), they it shall pay the defaulted interest Defaulted Interest in any lawful manner plus, to the extent lawful, interest payable on the defaulted interestDefaulted Interest, to the Persons who are Holders on a subsequent special record dateSpecial Record Date, in each case at the rate provided in the Notes and in Section 4.01 hereofNotes. The Issuers Company shall notify the Trustee in writing of the amount of defaulted interest Defaulted Interest proposed to be paid on each Note such Notes and the date of the proposed payment. The Issuers Company shall fix or cause to be fixed each such special record date Special Record Date and payment date; , provided that no such special record date Special Record Date shall be less than 10 days prior to the related payment date for such defaulted interestDefaulted Interest. At least 15 days before the special record dateSpecial Record Date, the Issuers Company (or, upon the written request of the IssuersCompany, the Trustee in the name and at the expense of the IssuersCompany) shall mail or deliver or cause to be mailed or delivered to Holders of Notes a notice that states the special record dateSpecial Record Date, the related payment date and the amount of such interest to be paid. Notwithstanding Subject to the foregoingforegoing provisions of this Section 2.14 and Section 2.08 hereof, the Issuers may make payment each Note delivered under this Indenture upon registration of transfer of or in cash exchange for or in lieu of any defaulted other Note shall carry the rights to interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listedaccrued and unpaid, and upon such notice as may be required to accrue, which were carried by such exchangeother Note.

Payment of Interest; Defaulted Interest. Interest Except as otherwise provided as contemplated by Section 2.02 with respect to any Series of Notes, interest on any Note which is payable, and is punctually paid or duly provided for, on any Interest Payment Date interest payment date shall be paid to the Person person in whose name that Note (or one or more Predecessor Notes) is registered at the close of business on the Regular Record Date for such interest paymentinterest. If the Issuers default Company defaults in a payment of interest on the NotesNotes of any Series which is payable (“Defaulted Interest”), they it shall pay the defaulted interest Defaulted Interest in any lawful manner plus, to the extent lawful, interest payable on the defaulted interestDefaulted Interest, to the Persons who are Holders of such Series on a subsequent special record dateSpecial Record Date, in each case at the rate provided in the Notes and in Section 4.01 hereofof such Series. The Issuers Company shall notify the Trustee in writing of the amount of defaulted interest Defaulted Interest proposed to be paid on each Note of such Series and the date of the proposed payment. The Issuers Company shall fix or cause to be fixed each such special record date Special Record Date and payment date; , provided that no such special record date Special Record Date shall be less than 10 days prior to the related payment date for such defaulted interestDefaulted Interest. At least 15 days before the special record dateSpecial Record Date, the Issuers Company (or, upon the written request of the IssuersCompany, the Trustee in the name and at the expense of the IssuersCompany) shall mail or deliver or cause to be mailed or delivered to Holders of the Notes of such Series a notice that states the special record dateSpecial Record Date, the related payment date and the amount of such interest to be paid. Notwithstanding Unless otherwise provided in the foregoingdesignation of Notes of a Series, the Issuers may make payment defaulted interest rate shall be the rate of interest borne by such Series at the time of such default. Subject to the foregoing provisions of this Section 2.13 and Section 2.07 hereof, each Note delivered under this Indenture upon registration of transfer of or in cash exchange for or in lieu of any defaulted other Note shall carry the rights to interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listedaccrued and unpaid, and upon such notice as may be required to accrue, which were carried by such exchangeother Note.

Payment of Interest; Defaulted Interest. Interest on any Note which is payable, and is punctually paid or duly provided for, on any Interest Payment Date shall be paid to the Person in whose name that Note (or one or more Predecessor Notes) is registered at the close of business on the Regular Record Date for such interest payment. If the Issuers default Company defaults in a payment of interest on the Notes, they it shall pay the defaulted interest in any lawful manner plus, to the extent lawful, interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, in each case at the rate provided in the Notes and in Section 4.01 hereof. The Issuers Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment. The Issuers Company shall fix or cause to be fixed each such special record date and payment date; , provided that no such special record date shall be less than 10 days prior to the related payment date for such defaulted interest. At least 15 days before the special record date, the Issuers Company (or, upon the written request of the IssuersCompany, the Trustee in the name and at the expense of the IssuersCompany) shall mail or deliver or cause to be mailed or delivered to Holders a notice that states the special record date, the related payment date and the amount of such interest to be paid. Notwithstanding the foregoing, the Issuers Company may make payment in cash of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Payment of Interest; Defaulted Interest. Interest on any Note which is payable, and is punctually paid or duly provided for, on any Interest Payment Date shall be paid to the Person person in whose name that such Note (or one or more Predecessor Notes) is registered at the close of business on the Regular Record Date for such interest paymentinterest. If the Issuers default Company defaults in a payment of interest on the NotesNotes which is payable (“Defaulted Interest”), they it shall pay the defaulted interest Defaulted Interest in any lawful manner plus, to the extent lawful, interest payable on the defaulted interestDefaulted Interest, to the Persons who are Holders on a subsequent special record dateSpecial Record Date, in each case at the rate provided in the Notes and in Section 4.01 hereofNotes. The Issuers Company shall notify the Trustee in writing of the amount of defaulted interest Defaulted Interest proposed to be paid on each Note the Notes and the date of the proposed payment. The Issuers Company shall fix or cause to be fixed each such special record date Special Record Date and payment date; , provided that no such special record date Special Record Date shall be less than 10 days prior to the related payment date for such defaulted interestDefaulted Interest. At least 15 days before the special record dateSpecial Record Date, the Issuers Company (or, upon the written request of the IssuersCompany delivered at least 5 Business Days before such notice is to be mailed (or such other period acceptable to the Trustee), the Trustee in the name and at the expense of the IssuersCompany) shall mail or deliver or cause to be mailed or delivered to Holders a notice that states the special record dateSpecial Record Date, the related payment date and the amount of such interest to be paid. Notwithstanding Subject to the foregoingforegoing provisions of this Section 2.14 and Section 2.08 hereof, the Issuers may make payment each Note delivered under this Indenture upon registration of transfer of or in cash exchange for or in lieu of any defaulted other Note shall carry the rights to interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listedaccrued and unpaid, and upon such notice as may be required to accrue, which were carried by such exchangeother Note.

Payment of Interest; Defaulted Interest. Interest on any Note Security which is payable, and is punctually paid or duly provided for, on any Interest Payment Date interest payment date shall be paid to the Person in whose name that Note such Security (or one or more Predecessor Notespredecessor Securities) is registered at the close of business on the Regular Record Date regular record date for such interest paymentat the office or agency of the Company maintained for such purpose pursuant to Section 2.3. If the Issuers default in a payment of Any interest on any Security which is payable, but is not paid when the Notessame becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date by virtue of having been such Holder, they shall pay the and such defaulted interest in any lawful manner plus, and (to the extent lawful, ) interest payable on the such defaulted interest, to the Persons who are Holders on a subsequent special record date, in each case interest at the rate borne by the Securities (such defaulted interest and interest thereon herein collectively called "Defaulted Interest") shall be paid by the Company, at its election in each case, as provided in the Notes and in Section 4.01 hereof. The Issuers shall notify the Trustee in writing of the amount of defaulted interest clause (a) or (b) below: proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (the "Special Interest Payment Date"), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such Defaulted Interest or shall make arrangements satisfactory to the Trustee for such deposit prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such Defaulted Interest as in this clause provided. The Issuers Thereupon the Trustee shall fix or cause to be fixed each such special a record date and (the "Special Record Date") for the payment date; provided that no of such special record date Defaulted Interest which shall be not more than 15 days and not less than 10 days prior to the related payment date for such defaulted interest. At least 15 Special Interest Payment Date and not less than 10 days before after the special record date, receipt by the Issuers (or, upon the written request Trustee of the Issuersnotice of the proposed payment. The Trustee shall promptly notify the Company of such Special Record Date, the Trustee and in the name and at the expense of the Issuers) Company, shall mail or deliver or cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be mailed or delivered given in the manner provided for in Section 13.2, not less than 10 days prior to Holders a notice that states such Special Record Date. Notice of the special record date, the related proposed payment date of such Defaulted Interest and the amount Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Securities (or their respective Predecessor Securities) are registered at the close of business on such interest Special Record Date and shall no longer be payable pursuant to be paid. Notwithstanding the foregoing, the Issuers may make payment in cash of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchangefollowing clause (b).

Payment of Interest; Defaulted Interest. Interest on any Note which is payable, and is punctually paid or duly provided for, on any Interest Payment Date interest payment date shall be paid to the Person in whose name that such Note (or one or more Predecessor Notes) is registered at the close of business on the Regular Record Date regular record date for such interest paymentpayment at the office or agency of the Company maintained for such purpose pursuant to Section 2.3. If the Issuers default in a payment of Any interest on any Note which is payable, but is not paid when the Notessame becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, they shall pay the and such defaulted interest in any lawful manner plus, and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the Company, interest payable on the defaulted interestat its election, as provided in clause (a) or (b) below: (a) The Company may elect to make payment of any Defaulted Interest to the Persons who in whose names the Notes (or their respective predecessor Notes) are Holders registered at the close of business on a subsequent special record dateSpecial Record Date (as defined below) for the payment of such Defaulted Interest, in each case at the rate provided which shall be fixed in the Notes and in Section 4.01 hereoffollowing manner. The Issuers Company shall notify the Trustee in writing of the amount of defaulted interest Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such Default- ed Interest or shall make arrangements satisfactory to the Trustee for such deposit prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such Defaulted Interest as in this Section 2.15(a). Thereupon the Company shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than 20 calendar days and not less than 15 calendar days prior to the Special Interest Payment Date and not less than 10 calendar days after the receipt by the Trustee of the notice of the proposed payment. The Issuers Company shall fix or cause to be fixed each such special record date and payment date; provided that no such special record date shall be less than 10 days prior to the related payment date for such defaulted interest. At least 15 days before the special record date, the Issuers (or, upon the written request of the Issuers, promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense ex- pense of the Issuers) Company, the Trustee shall mail or deliver or cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be mailed or delivered given in the manner provided for in Section 12.1, not less than 10 calendar days prior to Holders a notice that states such Special Record Date. Notice of the special record date, the related pro- posed payment date of such Defaulted Interest and the amount Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such interest Special Record Date and shall no longer be payable pursuant to be paidthe provisions in Sec- tion 2.15(b). Notwithstanding the foregoing, the Issuers (b) The Company may make payment in cash of any defaulted interest Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Company to the Trustee of the proposed payment pursuant to this Section 2.15(b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15, each Note delivered under this Indenture upon reg- istration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note. SECTION 2.16.

Payment of Interest; Defaulted Interest. Interest on any Note which is payable, and is punctually paid or duly provided for, on any Interest Payment Date shall be paid to the Person person in whose name that Note (or one or more Predecessor Notes) is registered at the close of business on the Regular Record Date for such interest paymentinterest. If the Issuers default Company defaults in a payment of interest on the NotesNotes which is payable (“Defaulted Interest”), they it shall pay the defaulted interest Defaulted Interest in any lawful manner plus, to the extent lawful, interest payable on the defaulted interestDefaulted Interest, to the Persons who are Holders on a subsequent special record dateSpecial Record Date, in each case at the rate provided in the Notes and in Section 4.01 hereofNotes. The Issuers Company shall notify the Trustee in writing of the amount of defaulted interest Defaulted Interest proposed to be paid on each Note Notes and the date of the proposed payment. The Issuers Company shall fix or cause to be fixed each such special record date Special Record Date and payment date; , provided that no such special record date Special Record Date shall be less than 10 days prior to the related payment date for such defaulted interestDefaulted Interest. At least 15 days before the special record dateSpecial Record Date, the Issuers Company (or, upon the written request of the IssuersCompany, the Trustee in the name and at the expense of the IssuersCompany) shall mail or deliver or cause to be mailed or delivered to Holders a notice that states the special record dateSpecial Record Date, the related payment date and the amount of such interest to be paid. Notwithstanding Subject to the foregoingforegoing provisions of this Section 2.14 and Section 2.08 hereof, the Issuers may make payment each Note delivered under this Indenture upon registration of transfer of or in cash exchange for or in lieu of any defaulted other Note shall carry the rights to interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listedaccrued and unpaid, and upon such notice as may be required to accrue, which were carried by such exchangeother Note.

Payment of Interest; Defaulted Interest. Interest on any Note which that is payable, and is punctually paid or duly provided for, on any Interest Payment Date shall be paid to the Person in whose name that Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the Regular Record Date for such interest paymentinterest. If the Issuers default Company defaults in a payment of interest on the NotesNotes of a Series which is payable (“Defaulted Interest”), they it shall pay the defaulted interest Defaulted Interest in any lawful manner plus, to the extent lawful, interest payable on the defaulted interestDefaulted Interest, to the Persons who are Holders on a subsequent special record dateSpecial Record Date, in each case at the rate provided in the Notes and in Section 4.01 hereofof such Series. The Issuers Company shall notify the Trustee in writing of the amount of defaulted interest Defaulted Interest proposed to be paid on each Note such Notes and the date of the proposed payment. The Issuers Company shall fix or cause to be fixed each such special record date Special Record Date and payment date; , provided that no such special record date Special Record Date shall be less than 10 days prior to the related payment date for such defaulted interestDefaulted Interest. At least 15 days before the special record dateSpecial Record Date, the Issuers Company (or, upon the written request of the IssuersCompany, the Trustee in the name and at the expense of the IssuersCompany) shall mail or deliver or cause to be mailed or delivered to Holders of Notes of such Series a notice that states the special record dateSpecial Record Date, the related payment date and the amount of such interest to be paid. Notwithstanding Subject to the foregoingforegoing provisions of this Section 2.14 and Section 2.08 hereof, the Issuers may make payment each Note delivered under this Indenture upon registration of transfer of or in cash exchange for or in lieu of any defaulted other Note shall carry the rights to interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listedaccrued and unpaid, and upon such notice as may be required to accrue, which were carried by such exchangeother Note.

Payment of Interest; Defaulted Interest. Interest on any Note which is payable, and is punctually paid or duly provided for, on any Interest Payment Date interest payment date shall be paid to the Person in whose name that such Note (or one or more Predecessor Notes) is registered at the close of business on the Regular Record Date regular record date for such interest paymentpayment at the office or agency of the Issuer maintained for such purpose pursuant to Section 2.3. If the Issuers default in a payment of Any interest on any Note which is payable, but is not paid when the Notessame becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, they shall pay the and such defaulted interest in any lawful manner plus, and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the Issuer, interest payable on at its election in each case, as provided in clause (a) or (b) below: (a) the defaulted interest, Issuer may elect to make payment of any Defaulted Interest to the Persons who in whose names the Notes (or their respective predecessor Notes) are Holders registered at the close of business on a subsequent special record dateSpecial Record Date (as defined below) for the payment of such Defaulted Interest, in each case at the rate provided which shall be fixed in the Notes and in Section 4.01 hereoffol-lowing manner. The Issuers Issuer shall notify the Trustee and the Paying Agent in writing of the amount of defaulted interest De-faulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment. The Issuers shall fix or cause to be fixed each such special record date and payment date; provided that no such special record date shall be less than 10 days prior to (the related payment date for such defaulted interest. At least 15 days before the special record date“Special Interest Payment Date”), the Issuers (or, upon the written request of the Issuers, the Trustee in the name and at the expense same time the Issuer shall deposit with the Trustee (or other such entity directed, designated or appointed by the Issuer and reasonably ac-ceptable to the Trustee acting for the Trustee for such purpose) an amount of money equal to the Issuers) shall mail or deliver or cause aggregate amount proposed to be mailed or delivered to Holders a notice that states the special record date, the related payment date and the amount paid in respect of such interest Defaulted Interest or shall make arrangements satisfactory to be paid. Notwithstanding the foregoing, the Issuers may make payment in cash of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.-60-

Payment of Interest; Defaulted Interest. Interest on any Note which that is payable, and is punctually paid or duly provided for, on any Interest Payment Date shall be paid to the Person in whose name that Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the Regular Record Date for such interest paymentinterest. If the Issuers default Company defaults in a payment of interest on the NotesNotes which is payable (“Defaulted Interest”), they it shall pay the defaulted interest Defaulted Interest in any lawful manner plus, to the extent lawful, interest payable on the defaulted interestDefaulted Interest, to the Persons who are Holders on a subsequent special record dateSpecial Record Date, in each case at the rate provided in the Notes and in Section 4.01 hereofNotes. The Issuers Company shall notify the Trustee in writing of the amount of defaulted interest Defaulted Interest proposed to be paid on each Note such Notes and the date of the proposed payment. The Issuers Company shall fix or cause to be fixed each such special record date Special Record Date and payment date; , provided that no such special record date Special Record Date shall be less than 10 days prior to the related payment date for such defaulted interestDefaulted Interest. At least 15 days before the special record dateSpecial Record Date, the Issuers Company (or, upon the written request of the IssuersCompany, the Trustee in the name and at the expense of the IssuersCompany) shall mail or deliver or cause to be mailed or delivered to Holders of Notes a notice that states the special record dateSpecial Record Date, the related payment date and the amount of such interest to be paid. Notwithstanding Subject to the foregoingforegoing provisions of this Section 2.14 and Section 2.08 hereof, the Issuers may make payment each Note delivered under this Indenture upon registration of transfer of or in cash exchange for or in lieu of any defaulted other Note shall carry the rights to interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listedaccrued and unpaid, and upon such notice as may be required to accrue, which were carried by such exchangeother Note.

Payment of Interest; Defaulted Interest. Interest Unless otherwise provided as contemplated by Section 2.04(a) hereof with respect to any series of Securities, interest on any Note Security which is payable, and is punctually paid or duly provided for, on any Interest Payment Date shall be paid to the Person person in whose name that Note Security (or one or more Predecessor Notespredecessor Securities) is registered at the close of business on the Regular Record Date for such interest paymentinterest. If the Issuers default Company defaults in a payment of interest on the NotesSecurities of any series which is payable (“Defaulted Interest”), they it shall pay the defaulted interest Defaulted Interest in any lawful manner plus, to the extent lawful, interest payable on the defaulted interestDefaulted Interest, to the Persons who are Holders of the series on a subsequent special record dateSpecial Record Date, in each case at the rate provided in the Notes Securities of that series and in Section 4.01 hereof. The Issuers Company shall notify the Trustee in writing of the amount of defaulted interest Defaulted Interest proposed to be paid on each Note Securities of a series and the date of the proposed payment. The Issuers Company shall fix or cause to be fixed each such special record date Special Record Date and payment date; , provided that no such special record date Special Record Date shall be less than 10 days prior to the related payment date for such defaulted interestDefaulted Interest. At least 15 days before the special record dateSpecial Record Date, the Issuers Company (or, upon the written request of the IssuersCompany, the Trustee in the name and at the expense of the IssuersCompany) shall mail or deliver or cause to be mailed or delivered to Holders of the series a notice that states the special record dateSpecial Record Date, the related payment date and the amount of such interest to be paid. Notwithstanding Subject to the foregoingforegoing provisions of this Section 2.14 and Section 2.08 hereof, the Issuers may make payment each Security delivered under this Indenture upon registration of transfer of or in cash exchange for or in lieu of any defaulted other Security shall carry the rights to interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listedaccrued and unpaid, and upon such notice as may be required to accrue, which were carried by such exchangeother Security.

Payment of Interest; Defaulted Interest. Interest on any Note which that is payable, and is punctually paid or duly provided for, on any Interest Payment Date will be at a rate of 1.875% per annum, payable semi-annually in arrears on March 15 and September 15 of each year, and shall be paid to the Person in whose name that such Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the Regular Record Date for such interest paymentat the office or agency of the Company maintained for such purpose pursuant to Section 2.3 regardless of whether or not such Holders convert their Notes. If the Issuers default in a payment of Any interest on any Note that is payable, but is not paid when the Notessame becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the Regular Record Date, they shall pay the and such defaulted interest in any lawful manner plus, and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the Company, interest payable on the defaulted interestat its election, as provided below: The Company may elect to make payment of any Defaulted Interest to the Persons who in whose names the Notes (or their respective predecessor Notes) are Holders registered at the close of business on a subsequent special record dateSpecial Record Date (as defined below) for the payment of such Defaulted Interest, in each case at the rate provided which shall be fixed in the Notes and in Section 4.01 hereoffollowing manner. The Issuers Company shall notify the Trustee and the Paying Agent in writing of the amount of defaulted interest Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and the Company shall make arrangements reasonably satisfactory to the Trustee and the Paying Agent to deposit with the Paying Agent an amount of money equal to the aggregate amount proposed to be paid in respect of such Defaulted Interest on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such Defaulted Interest as in this clause provided. The Issuers Thereupon the Trustee shall fix or cause to be fixed each such special a record date and (the “Special Record Date”) for the payment date; provided that no of such special record date Defaulted Interest which shall be not more than 15 days and not less than 10 days prior to the related payment date for such defaulted interest. At least 15 Special Interest Payment Date and not less than 10 days before after the special record date, receipt by the Issuers (or, upon the written request Trustee of the Issuersnotice of the proposed payment. The Trustee shall promptly notify the Company and the Paying Agent of such Special Record Date, the Trustee and in the name and at the expense of the Issuers) Company, shall mail or deliver or cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor, which notice shall be prepared by the Company and shall be in a form reasonably acceptable to the Trustee, to be mailed or delivered given in the manner provided for in Section 11.2, not less than 10 days prior to Holders a notice that states such Special Record Date. Notice of the special record date, the related proposed payment date of such Defaulted Interest and the amount Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes are registered at the close of business on such interest Special Record Date. Subject to be paid. Notwithstanding the foregoingforegoing provisions of this Section, the Issuers may make payment each Note delivered under this Indenture upon registration of transfer of, or in cash exchange for, or in lieu of any defaulted other Note shall carry the rights to interest in any other lawful manner not inconsistent with the requirements of any securities exchange on accrued and unpaid which the Notes may be listed, and upon such notice as may be required were carried by such exchangeother Note.

Payment of Interest; Defaulted Interest. Interest on any Note which is payable, and is punctually paid or duly provided for, on any Interest Payment Date shall be paid to the Person in whose name that Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the Regular Record Date for such interest paymentinterest. If the Issuers default Company defaults in a payment of interest on the NotesNotes which is payable (“Defaulted Interest”), they it shall pay the defaulted interest Defaulted Interest in any lawful manner plus, to the extent lawful, interest payable on the defaulted interestDefaulted Interest, to the Persons who are Holders on a subsequent special record dateSpecial Record Date, in each case at the rate provided in the Notes and in Section 4.01 hereofNotes. The Issuers Company shall notify the Trustee in writing of the amount of defaulted interest Defaulted Interest proposed to be paid on each Note the Notes and the date of the proposed payment. The Issuers Company shall fix or cause to be fixed each such special record date Special Record Date and payment date; , provided that no such special record date Special Record Date shall be less than 10 days prior to the related payment date for such defaulted interestDefaulted Interest. At least 15 days before the special record dateSpecial Record Date, the Issuers Company (or, upon the written request of the IssuersCompany, the Trustee in the name and at the expense of the IssuersCompany) shall mail or deliver or cause to be mailed or delivered to Holders a notice that states the special record dateSpecial Record Date, the related payment date and the amount of such interest to be paid. Notwithstanding Subject to the foregoingforegoing provisions of this Section 2.14 and Section 2.08 hereof, the Issuers may make payment each Note delivered under this Indenture upon registration of transfer of or in cash exchange for or in lieu of any defaulted other Note shall carry the rights to interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listedaccrued and unpaid, and upon such notice as may be required to accrue, which were carried by such exchangeother Note.

Payment of Interest; Defaulted Interest. Interest on any Note which is payable, and is punctually paid or duly provided for, on any Interest Payment Date shall be paid to the Person in whose name that Note (or one or more Predecessor Notes) is registered at the close of business on the Regular Record Date for such interest payment. If the Issuers default Company defaults in a payment of interest on the Notes, they it shall pay the defaulted interest in any lawful manner plus, to the extent lawful, interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, in each case case, at the rate provided in the Notes and in Section 4.01 hereof. The Issuers Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment, and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section 2.12. The Issuers Company shall fix or cause to be fixed each such special record date and payment date; provided that no such special record date shall be less than 10 days prior to the related payment date Payment Date for such defaulted interest. At least 15 days before the special record date, the Issuers Company (or, upon the written request of the IssuersCompany, the Trustee in the name and at the expense of the IssuersCompany) shall mail or deliver or cause to be mailed or delivered mailed, first-class postage prepaid, to Holders each Holder, with a copy to the Trustee, a notice at his or her address as it appears in the Security Register that states the special record date, the related payment date Payment Date and the amount of such interest to be paid. Notwithstanding Subject to the foregoingforegoing provisions of this Section 2.12 and for greater certainty, the Issuers may make payment each Note delivered under this Indenture upon registration of transfer of or in cash exchange for or in lieu of any defaulted other Note shall carry the rights to interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listedaccrued and unpaid, and upon such notice as may be required to accrue, which were carried by such exchangeother Note.