Common use of The Investment Agreement Clause in Contracts

The Investment Agreement. This Note is one of the duly-authorized issue of 12% Senior Secured Convertible Notes Due 2007 of the Company (collectively, the "Notes") issued under that certain Investment Agreement, dated as of December 27, 2001 (as amended, supplemented or otherwise modified from time to time, the "Investment Agreement"), among the Parent, the Company and Clayton, Dubilier & Rice Fund VI Limited Partnership (the "Initial Hol▇▇▇"), and reference is hereby made to the Investment Agreement for a statement of the respective rights, limitations of rights, duties and immunities thereunder of the Parent, the Company (and any other obligor upon the Notes) and each Holder, and of the terms upon which the Notes are, and are to be, delivered. The terms of the Notes include those stated in the Investment Agreement. The Notes are subject to all such terms, and Holders are referred to the Investment Agreement for a statement of such terms. In the event of any conflict or inconsistency between the terms of this Note and the terms of the Investment Agreement, the terms of the Investment Agreement shall control and govern. Defined terms used in this Note without definition have the meanings given to them in the Investment Agreement. The Company will furnish to any Holder, without charge, upon the written request of such Holder, a copy of the Investment Agreement. Requests may be made to: Acterna LLC 20410 Observation Drive Germantown, Maryland 20876 ▇▇▇▇: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇

The Investment Agreement. This Note is one of the duly-authorized issue of 12% Senior Secured Convertible Notes Due 2007 2007, Series 2 of the Company (collectively, the "Notes") issued under that certain Investment Agreement, dated as of December 27August 5, 2001 2002 (as amended, supplemented or otherwise modified from time to time, the "Investment Agreement"), among the Parent, the Company and ClaytonCD&R VI (Barbados), Dubilier & Rice Fund VI Limited Partnership Ltd. (the "Initial Hol▇▇▇Holder"), and reference is hereby made to the Investment Agreement for a statement of the respective rights, limitations of rights, duties and immunities thereunder of the Parent, the Company (and any other obligor upon the Notes) and each Holder, and of the terms upon which the Notes are, and are to be, delivered. The terms of the Notes include those stated in the Investment Agreement. The Notes are subject to all such terms, and Holders are referred to the Investment Agreement for a statement of such terms. In the event of any conflict or inconsistency between the terms of this Note and the terms of the Investment Agreement, the terms of the Investment Agreement shall control and govern. Defined terms used in this Note without definition have the meanings given to them in the Investment Agreement. The Company will furnish to any Holder, without charge, upon the written request of such Holder, a copy of the Investment Agreement. Requests may be made to: Acterna LLC 20410 Observation Drive Germantown, Maryland 20876 ▇▇▇▇: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attn: General Counsel