Common use of Form, Dating and Terms Clause in Contracts

Form, Dating and Terms. (a) The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. The Initial Notes issued on the date hereof will be in an aggregate principal amount of $825,000,000. In addition, the Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Notes (as provided herein). Furthermore, Notes may be authenticated and delivered upon registration of transfer, exchange or in lieu of, other Notes pursuant to Sections 2.02, 2.06, 2.10, 2.12, 5.06 or 9.05 or in connection with a Change of Control Offer pursuant to Section 3.06. Notwithstanding anything to the contrary contained herein, the Company may not issue any Additional Notes, unless immediately after giving effect to such issuance, no Event of Default shall have occurred and be continuing. The Initial Notes shall be known and designated as “7.000% Senior Guaranteed Notes due 2032” of the Company. Any Additional Notes shall be known and designated as “7.000% Senior Guaranteed Notes due 2032” of the Company. Any Additional Notes that are not fungible with the Initial Notes for U.S. federal income tax purposes will have a separate CUSIP number. With respect to any Additional Notes, the Company shall set forth in (i) an Officer’s Certificate or (ii) one or more indentures supplemental hereto, the following information:

Form, Dating and Terms. (a) The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. The Initial Notes issued on the date hereof will be in an aggregate principal amount of $825,000,000218,545,000. In addition, the Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Notes (as provided herein). Furthermore, Notes may be authenticated and delivered upon registration of transfer, exchange or in lieu of, other Notes pursuant to Sections 2.02, 2.06, 2.10, 2.12, 5.06 or 9.05 or in connection with a Collateral Disposition Offer or an Optional Collateral Disposition Offer pursuant to Section 3.02 or in connection with a Change of Control Offer pursuant to Section 3.06. Notwithstanding anything to the contrary contained herein, the Company may not issue any Additional Notes, unless immediately after giving effect to such issuance, no Event of Default shall have occurred and be continuing. The Initial Notes shall be known and designated as “7.0008.00% 1.5 Lien Senior Guaranteed Secured Notes due 20322020” of the Company. Any Additional Notes shall be known and designated as “7.0008.00% 1.5 Lien Senior Guaranteed Secured Notes due 20322020” of the Company. Any Additional Notes that are not fungible with the Initial Notes for U.S. federal income tax purposes will have a separate CUSIP number. With respect to any Additional Notes, the Company shall set forth in (i) an Officer’s Certificate or (ii) one or more indentures supplemental hereto, the following information:

Form, Dating and Terms. (a) The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. The Initial Notes issued on the date hereof will be in an aggregate principal amount of $825,000,000400,000,000. In addition, the Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Notes (as provided herein). Furthermore, Notes may be authenticated and delivered upon registration of transfer, exchange or in lieu of, other Notes pursuant to Sections 2.02, 2.06, 2.10, 2.12, 5.06 or 9.05 or in connection with a Collateral Disposition Offer or an Optional Collateral Disposition Offer pursuant to Section 3.02 or in connection with a Change of Control Offer pursuant to Section 3.06. Notwithstanding anything to the contrary contained herein, the Company may not issue any Additional Notes, unless immediately after giving effect to such issuance, no Event of Default shall have occurred and be continuing. The Initial Notes shall be known and designated as “7.0009.875% Senior Guaranteed Secured Notes due 20322025” of the Company. Any Additional Notes shall be known and designated as “7.0009.875% Senior Guaranteed Secured Notes due 20322025” of the Company. Any Additional Notes that are not fungible with the Initial Notes for U.S. federal income tax purposes will have a separate CUSIP number. With respect to any Additional Notes, the Company shall set forth in (i) an Officer’s Certificate or (ii) one or more indentures supplemental hereto, the following information:

Form, Dating and Terms. (a) The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. The Initial Notes issued on the date hereof will be in an aggregate principal amount of $825,000,000750,000,000. In addition, the Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Notes (as provided herein). Furthermore, Notes may be authenticated and delivered upon registration of transfer, exchange or in lieu of, other Notes pursuant to Sections 2.02, 2.06, 2.10, 2.12, 5.06 or 9.05 or in connection with a Change of Control Offer pursuant to Section 3.06. Notwithstanding anything to the contrary contained herein, the Company may not issue any Additional Notes, unless immediately after giving effect to such issuance, no Event of Default shall have occurred and be continuing. The Initial Notes shall be known and designated as “7.0005.875% Senior Guaranteed Notes due 20322027” of the Company. Any Additional Notes shall be known and designated as “7.0005.875% Senior Guaranteed Notes due 20322027” of the Company. Any Additional Notes that are not fungible with the Initial Notes for U.S. federal income tax purposes will have a separate CUSIP number. With respect to any Additional Notes, the Company shall set forth in (i) an Officer’s Certificate or (ii) one or more indentures supplemental hereto, the following information:

Form, Dating and Terms. (a) The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. The Initial Notes issued on the date hereof will be in an aggregate principal amount of $825,000,000540,000,000. In addition, the Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Notes (as provided herein). Furthermore, Notes may be authenticated and delivered upon registration of transfer, exchange or in lieu of, other Notes pursuant to Sections 2.02, 2.06, 2.10, 2.12, 5.06 or 9.05 or in connection with a Collateral Disposition Offer or an Optional Collateral Disposition Offer pursuant to Section 3.02 or in connection with a Change of Control Offer pursuant to Section 3.06. Notwithstanding anything to the contrary contained herein, the Company may not issue any Additional Notes, unless immediately after giving effect to such issuance, no Event of Default shall have occurred and be continuing. The Initial Notes shall be known and designated as “7.0008.250% Senior Guaranteed Secured Notes due 20322020” of the Company. Any Additional Notes shall be known and designated as “7.0008.250% Senior Guaranteed Secured Notes due 20322020” of the Company. Any Additional Notes that are not fungible with the Initial Notes for U.S. federal income tax purposes will have a separate CUSIP number. With respect to any Additional Notes, the Company shall set forth in (i) an Officer’s Certificate or (ii) one or more indentures supplemental hereto, the following information:

Form, Dating and Terms. (a) The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. The Initial Notes issued on the date hereof will be in an aggregate principal amount of $825,000,000400,000,000. In addition, the Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Notes (as provided herein). Furthermore, Notes may be authenticated and delivered upon registration of transfer, exchange or in lieu of, other Notes pursuant to Sections 2.02, 2.06, 2.10, 2.12, 5.06 or 9.05 or in connection with a Collateral Disposition Offer or an Optional Collateral Disposition Offer pursuant to Section 3.02 or in connection with a Change of Control Offer pursuant to Section ‎Section 3.06. Notwithstanding anything to the contrary contained herein, the Company may not issue any Additional Notes, unless immediately after giving effect to such issuance, no Event of Default shall have occurred and be continuing. The Initial Notes shall be known and designated as “7.0004.875% Senior Guaranteed Secured Notes due 20322024” of the Company. Any Additional Notes shall be known and designated as “7.0004.875% Senior Guaranteed Secured Notes due 20322024” of the Company. Any Additional Notes that are not fungible with the Initial Notes for U.S. federal income tax purposes will have a separate CUSIP number. With respect to any Additional Notes, the Company shall set forth in (i) an Officer’s Certificate or (ii) one or more indentures supplemental hereto, the following information:

Form, Dating and Terms. (a) The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. The 2019 Initial Notes issued on the date hereof will be in an aggregate principal amount of $825,000,000700,000,000. The 2021 Initial Notes issued on the date hereof will be in an aggregate principal amount of $800,000,000. In addition, the Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Notes (as provided herein). Furthermore, Notes of a series may be authenticated and delivered upon registration of transfer, exchange or in lieu of, other Notes of the applicable series pursuant to Sections 2.02Section 2.2, 2.062.6, 2.102.11, 2.122.13, 5.06 5.6 or 9.05 9.5, in connection with an Asset Disposition Offer pursuant to Section 3.5 or in connection with a Change of Control Offer pursuant to Section 3.063.9. Notwithstanding anything to the contrary contained herein, the Company may not issue any Additional Notes, unless immediately after giving effect to such issuance, no Event of Default shall have occurred and be continuing. The Initial Notes shall be known and designated as “7.000% Senior Guaranteed Notes due 2032” of the Company. Any Additional Notes shall be known and designated have the same terms as “7.000% Senior Guaranteed to status, redemption or otherwise as Initial Notes due 2032” of the Company. Any Additional Notes that are not fungible same series (other than issue date, issue price, if applicable, the first interest payment date and the first date from which interest will accrue and any adjustments in order to conform to and ensure compliance with the Initial Notes for U.S. federal income tax purposes will have a separate CUSIP numberSecurities Act (or other applicable securities laws)) and such issuance is in compliance with Sections 3.2 and 3.6. With respect to any Additional Notes, the Company shall set forth in (i) an Officer’s Certificate or (ii) one or more indentures supplemental hereto, the following information:

Form, Dating and Terms. (a) The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. The Initial Notes issued on the date hereof will be in an aggregate principal amount of $825,000,000335,376,000. In addition, the Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Notes (as provided herein). Furthermore, Notes may be authenticated and delivered upon registration of transfer, exchange or in lieu of, other Notes pursuant to Sections 2.02, 2.06, 2.10, 2.12, 5.06 or 9.05 or in connection with a Change of Control Offer pursuant to Section 3.06. Notwithstanding anything to the contrary contained herein, the Company may not issue any Additional Notes, unless immediately after giving effect to such issuance, no Event of Default shall have occurred and be continuing. The Initial Notes shall be known and designated as “7.000% Senior Guaranteed Notes due 20322027” of the Company. Any Additional Notes shall be known and designated as “7.000% Senior Guaranteed Notes due 20322027” of the Company. Any Additional Notes that are not fungible with the Initial Notes for U.S. federal income tax purposes will have a separate CUSIP number. With respect to any Additional Notes, the Company shall set forth in (i) an Officer’s Certificate or (ii) one or more indentures supplemental hereto, the following information:

Form, Dating and Terms. (a) The aggregate principal amount of Notes Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Notes issued on the date hereof will shall be in an aggregate principal amount of $825,000,000150,000,000. In addition, the Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Notes in the form of Exhibit A hereto (together with such changes thereto as provided hereinthe Company and the Trustee may agree to reflect Additional Notes issued in a registered offering under the Securities Act, or that such Securities are Additional Notes). Furthermore, Notes Securities may be authenticated and delivered upon registration of or transfer, exchange or in lieu of, other Notes Securities pursuant to Sections 2.02Section 2.6, 2.062.9, 2.102.11, 2.12, 5.06 5.4 or 9.05 or 5.8 in connection with a Change of Control Offer pursuant to Section 3.063.5. Notwithstanding anything to the contrary contained herein, the Company may not issue any Additional Notes, unless immediately after giving effect to such issuance, no Default or Event of Default shall have occurred and be continuing. The Initial Notes shall be known and designated as “7.0004.625% Senior Guaranteed Notes due 20322021” of the Company. Any Additional Notes shall be known and designated as “7.0004.625% Senior Guaranteed Notes due 20322021” of the Company. Any Additional Notes that are not fungible with the Initial Notes for U.S. federal income tax purposes will have a separate CUSIP number. With respect to any Additional Notes, the Company shall set forth in (ia) a Board Resolution and (b)(i) an Officer’s Officers’ Certificate or (ii) one or more indentures supplemental hereto, the following information:

Form, Dating and Terms. (a) The aggregate principal amount of Notes Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Notes issued on the date hereof will shall be in an aggregate principal amount of $825,000,000350,000,000. In addition, the Company may issue, from time to time in accordance with the provisions of this Indenture, including, without limitation, Section 3.3, Additional Notes (as provided herein)in the form of Exhibit A hereto. Furthermore, Notes Securities may be authenticated and delivered upon registration of or transfer, exchange or in lieu of, other Notes Securities pursuant to Sections 2.02Section 2.6, 2.062.9, 2.102.11, 2.12, 5.06 or 9.05 5.4 or in connection with a Collateral Disposition Offer, a Pari Passu Offer or an Offer pursuant to Section 3.8 or a Change of Control Offer pursuant to Section 3.063.10. Notwithstanding anything to the contrary contained herein, the Company may not issue any Additional Notes, unless immediately Immediately after giving effect to such issuance, no Default or Event of Default shall have occurred and be continuing. The Initial Notes shall be known and designated as “7.00011.250% Senior Guaranteed Secured Notes due 20322016” of the Company. Any Additional Notes shall be known and designated as “7.00011.250% Senior Guaranteed Secured Notes due 20322016” of the Company. Any Additional Notes that are not fungible with the Initial Notes for U.S. federal income tax purposes will have a separate CUSIP number. With respect to any Additional Notes, the Company shall set forth in (ia) a Board Resolution and (b)(i) an Officer’s Officers’ Certificate or (ii) one or more indentures supplemental hereto, the following information:

Form, Dating and Terms. (a) The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. The Initial Notes issued on the date hereof will be in an aggregate principal amount of $825,000,000725,000,000. In addition, the Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Notes (as provided herein). Furthermore, Notes may be authenticated and delivered upon registration of transfer, exchange or in lieu of, other Notes pursuant to Sections 2.02, 2.06, 2.10, 2.12, 5.06 or 9.05 or in connection with a Collateral Disposition Offer or an Optional Collateral Disposition Offer pursuant to Section 3.02 or in connection with a Change of Control Offer pursuant to Section 3.06. Notwithstanding anything to the contrary contained herein, the Company may not issue any Additional Notes, unless immediately after giving effect to such issuance, no Event of Default shall have occurred and be continuing. The Initial Notes shall be known and designated as “7.0006.75% Senior Guaranteed Secured Notes due 20322026” of the Company. Any Additional Notes shall be known and designated as “7.0006.75% Senior Guaranteed Secured Notes due 20322026” of the Company. Any Additional Notes that are not fungible with the Initial Notes for U.S. federal income tax purposes will have a separate CUSIP number. With respect to any Additional Notes, the Company shall set forth in (i) an Officer’s Certificate or (ii) one or more indentures supplemental hereto, the following information:

Form, Dating and Terms. (a) The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. The Initial Notes issued on the date hereof will be in an aggregate principal amount of $825,000,000544,156,000. In addition, the Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Notes (as provided herein). Furthermore, Notes may be authenticated and delivered upon registration of transfer, exchange or in lieu of, other Notes pursuant to Sections 2.02, 2.06, 2.10, 2.12, 5.06 or 9.05 or in connection with a Collateral Disposition Offer or an Optional Collateral Disposition Offer pursuant to Section 3.02 or in connection with a Change of Control Offer pursuant to Section 3.06. Notwithstanding anything to the contrary contained herein, the Company may not issue any Additional Notes, unless immediately after giving effect to such issuance, no Event of Default shall have occurred and be continuing. The Initial Notes shall be known and designated as “7.0007.75% Second Lien Senior Guaranteed Secured Notes due 20322020” of the Company. Any Additional Notes shall be known and designated as “7.0007.75% Second Lien Senior Guaranteed Secured Notes due 20322020” of the Company. Any Additional Notes that are not fungible with the Initial Notes for U.S. federal income tax purposes will have a separate CUSIP number. With respect to any Additional Notes, the Company shall set forth in (i) an Officer’s Certificate or (ii) one or more indentures supplemental hereto, the following information:

Form, Dating and Terms. (a) The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. The 2029 Initial Notes issued on the date hereof will be in an aggregate principal amount of $825,000,000500,000,000. The 2031 Initial Notes issued on the date hereof will be in an aggregate principal amount of $500,000,000. In addition, the Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Notes (as provided herein). Furthermore, Notes may be authenticated and delivered upon registration of transfer, exchange or in lieu of, other Notes of such series pursuant to Sections 2.02, 2.06, 2.10, 2.12, 5.06 or 9.05 or in connection with a Change of Control Offer pursuant to Section 3.06. Notwithstanding anything to the contrary contained herein, the Company may not issue any Additional Notes, unless immediately after giving effect to such issuance, no Event of Default shall have occurred and be continuing. The 2029 Initial Notes shall be known and designated as “7.0004.625% Senior Guaranteed Notes due 20322029” of the Company and the 2031 Initial Notes shall be known and designated as “4.875% Senior Guaranteed Notes due 2031” of the Company. Any 2029 Additional Notes shall be known and designated as “7.0004.625% Senior Guaranteed Notes due 20322029” of the Company and any 2031 Additional Notes shall be known and designated as the “4.875% Senior Guaranteed Notes due 2031” of the Company. Any Additional Notes that are not fungible with the Initial Notes of such series for U.S. federal income tax purposes will have a separate CUSIP number. With respect to any Additional Notes, the Company shall set forth in (i) an Officer’s Certificate or (ii) one or more indentures supplemental hereto, the following information: