Common use of The Additional Notes Clause in Contracts

The Additional Notes. Pursuant to Section 2.13 of the Original Indenture, the Company hereby creates and issues $80,000,000 aggregate principal amount of its 10.75% Senior Secured Guaranteed Notes Due 2011 (the “Additional Notes”). These Additional Notes will be consolidated to form a single series, and be fully fungible, with the Company’s outstanding 10.75% Senior Secured Guaranteed Notes Due 2011 issued on July 23, 2004, to which the Additional Notes are identical in all terms and conditions except issue date. Interest on the Additional Notes shall accrue from January 23, 2005. All Additional Notes issued under the Indenture will, when issued, be considered Notes for all purposes thereunder and will be subject to and take the benefit of all of the terms, conditions and provisions of the Indenture.

The Additional Notes. Pursuant to Section 2.13 2.14 of the Original Indenture, the Company hereby creates and issues $80,000,000 500,000,000 aggregate principal amount of its 10.759.50% Senior Secured Guaranteed Notes Due 2011 due 2016 (the “Additional Notes”). These Additional Notes will be consolidated to form a single series, and be fully fungible, with the Company’s outstanding 10.759.50% Senior Secured Guaranteed Notes Due 2011 due 2016 issued on July 23December 14, 20042009, to which the Additional Notes are identical in all terms and conditions except issue datedate and issue price. Interest on the Additional Notes shall accrue from January 23December 14, 20052009. All Additional Notes issued under the Indenture will, when issued, be considered Notes for all purposes thereunder and will be subject to and take the benefit of all of the terms, conditions and provisions of the Indenture.