Common use of Series B Notes Clause in Contracts

Series B Notes. The Existing Series B Notes are hereby and shall be deemed to be, automatically and without any further action, amended and restated in their entirety as set forth on Exhibit B; except that the date, registration number and principal amount set forth in each Existing Series B Note shall remain the same; provided, however, that, at the request of any Current Noteholder, the Company shall execute and deliver a new Series B Note or Series B Notes in the form of such Exhibit B in exchange for its Existing Series B Note, registered in the name of such Current Noteholder, in the aggregate principal amount of the Series B Notes owing to such Current Noteholder on the date hereof and dated the date of the last interest payment made to such Current Noteholder in respect of its Existing Series B Notes. Each reference to the “7.45% Senior Notes, Series B, due June 30, 2011” in any of the Financing Documents is hereby deleted and replaced with a reference to the “10.20% Senior Notes, Series B, due January 15, 2010”. Each other reference to “7.45%” in any of such agreements as the interest rate applicable to the Series B Notes is hereby deleted and replaced with “10.20%”.

Series B Notes. The Existing Series B Notes are hereby and shall be deemed to be, automatically and without any further action, amended and restated in their entirety as set forth on Exhibit B; except that the date, registration number and principal amount set forth in each Existing Series B Note shall remain the same; provided, however, that, at the request of any Current Noteholder, the Company shall execute and deliver a new Series B Note or Series B Notes in the form of such Exhibit B in exchange for its Existing Series B Note, registered in the name of such Current Noteholder, in the aggregate principal amount of the Series B Notes owing to such Current Noteholder on the date hereof and dated the date of the last interest payment made to such Current Noteholder in respect of its Existing Series B Notes. Each reference to the “7.455.35% Senior Notes, Series B, due June 30, 2011” in any of the Financing Documents is hereby deleted and replaced with a reference to the “10.207.45% Senior Notes, Series B, due January 15June 30, 20102011”. Each other reference to “7.455.35%” in any of such agreements as the interest rate applicable to the Series B Notes is hereby deleted and replaced with “10.207.45%”.

Series B Notes. The Existing Series B Notes are hereby and shall be deemed to be, automatically and without any further action, amended and restated in their entirety as set forth on in Exhibit BA-1; except that the name of the holder of the Note, date, registration number and principal amount set forth in each Existing Series B Note shall remain the same; provided, however, that, at the request of any Current Noteholder, the Company Issuers shall execute and deliver a new Series B Note or Series B Notes in the form of such Exhibit B A-1 in exchange for its Existing Series B Note, registered in the name of such Current Noteholder, in the aggregate principal amount of the Series B Notes owing to such Current Noteholder on the date hereof and dated the date of the last interest payment made to such Current Noteholder in respect of its Existing Series B Notes. Each reference to the “7.459.34% Series B Senior NotesSecured Notes due August 15, Series B, due June 30, 20112012” in any of the Financing Finance Documents is hereby deleted and replaced with a reference to the “10.2011.00% Series B Senior Notes, Series B, Secured Notes due January August 15, 20102012”. Each other reference to “7.459.34%” in any of such agreements the Finance Documents as the interest rate applicable to the Series B Notes is hereby deleted and replaced with “10.2011.00%”. The increase in the interest rate applicable to the Series B Notes referred to in this Section 2(a) and on Exhibit A-1 shall be effective on a prospective basis as of the Second Amendment Effective Date.