Common use of Indenture; Limitations Clause in Contracts

Indenture; Limitations. The Issuer issued the Notes under an Indenture dated as of February 18, 2016 (the “Indenture”) among the Issuer and Xxxxx Fargo Bank, National Association, as trustee (the “Trustee”). Capitalized terms herein are used as defined in the Indenture unless otherwise indicated. This Note is one of a duly authorized issue of Notes of the Issuer designated as its 9.500% Senior Notes due 2024 (the “Initial Notes”). The Initial Notes are initially being issued in the aggregate principal amount of $425,000,000. Subject to Section 4.03, the Issuer shall be entitled to issue Additional Notes pursuant to Section 2.14 of the Indenture (the “Additional Notes”). The Notes include the Unrestricted Notes issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes issued on the Issue Date, any Additional Notes and all Exchange Notes are treated as a single class of securities under the Indenture. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act. The Notes are subject to all such terms, and Holders are referred to the Indenture and the Trust Indenture Act for a statement of all such terms. To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note and the terms of the Indenture, the terms of the Indenture shall control. This is one of the Notes referred to in the Indenture. The Notes are unsecured.

Indenture; Limitations. The Issuer Company issued the Notes under an a Base Indenture dated as of February 188, 2016 2010 as supplemented and amended, including by the Fourth Supplemental Indenture (the “Supplemental Indenture”) thereto dated as of October 19, 2012 among the Issuer Company, the Guarantors named therein and Xxxxx Fargo Bank, National Association, as trustee (the “Trustee”), among the Company and the Trustee (the “Base Indenture”). Capitalized terms herein are used as defined in the Supplemental Indenture unless otherwise indicated. This Note is one of a duly authorized issue of Notes of the Issuer Company designated as its 9.5005.875% Senior Notes due 2024 2022 (the “Initial Notes”). The Initial Notes are initially being issued in the aggregate principal amount of $425,000,000300,000,000. Subject to Section 4.034.03 of the Supplemental Indenture, the Issuer Company shall be entitled to issue Additional Notes pursuant to Section 2.14 2.06 of the Supplemental Indenture (the “Additional Notes”). The Notes include the Unrestricted Notes issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes issued on the Issue Date, any Additional Notes and all Exchange Notes are treated as a single class of securities under the Supplemental Indenture. The terms of the Notes include those stated in the Supplemental Indenture and those made part of the Supplemental Indenture by reference to the Trust Indenture Act. The Notes are subject to all such terms, and Holders are referred to the Supplemental Indenture and the Trust Indenture Act for a statement of all such terms. To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note and the terms of the Supplemental Indenture, the terms of the Supplemental Indenture shall control. This is one of the Notes referred to in the Supplemental Indenture. The Notes are unsecured.

Indenture; Limitations. The Issuer Company issued the Notes under an Indenture dated as of February 18April 17, 2016 2001 (the “"Indenture”) "), among the Issuer Company and Xxxxx Fargo Bank, National AssociationThe Bank of New York, as trustee --------- (the “"Trustee”"). Capitalized terms herein are used as defined in the Indenture ------- unless otherwise indicated. This Note is one of a duly authorized issue of Notes of the Issuer Company designated as its 9.50011% Senior Notes due 2024 2008 (the “"Initial ------- Notes”"). The Initial Notes are initially being issued in the aggregate principal ----- amount of $425,000,000(euro)205,000,000. Subject to Section 4.03, the Issuer The Company shall be entitled to issue Additional Notes pursuant to Section 2.14 of the Indenture (the “"Additional Notes”"). The Notes include the Unrestricted Notes (as defined below) issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes issued on Notes, the Issue Date, any Additional Notes and all Exchange the Unrestricted Notes are treated as a single class of securities under the Indenture. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act. The Notes are subject to all such terms, and Holders are referred to the Indenture and the Trust Indenture Act for a statement of all such terms. To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note and the terms of the Indenture, the terms of the Indenture shall control. This is one of the Notes referred to in the Indenture. The Notes are unsecuredunsecured and unsubordinated obligations of the Company.

Indenture; Limitations. The Issuer Company issued the Notes as a series of Securities under an the Senior Indenture dated as of February 1828, 2016 2001 (the “Original Indenture”), as supplemented and amended by the Third Supplemental Indenture thereto dated as of June 26, 2012 (the “Supplemental Indenture”) (the Original Indenture as so supplemented and amended being hereinafter referred to as the “Indenture”) among ), between the Issuer Company and Xxxxx Fargo U.S. Bank National Association (as successor trustee to Wachovia Bank, National AssociationAssociation (formerly First Union National Bank)), as trustee (the “Trustee”). Capitalized terms herein are used as defined in the Indenture unless otherwise indicated. This Note is one of a duly authorized issue of Notes of the Issuer designated as its 9.500% Senior Notes due 2024 (the “Initial Notes”). The Initial Notes are initially being issued in the aggregate principal amount of $425,000,000. Subject to Section 4.03, the Issuer shall be entitled to issue Additional Notes pursuant to Section 2.14 of the Indenture (the “Additional Notes”). The Notes include the Unrestricted Notes issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes issued on the Issue Date, any Additional Notes and all Exchange Notes are treated as a single class of securities under the Indenture. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act. The Notes are subject to all such terms, and Holders are referred to the Indenture and the Trust Indenture Act for a statement of all such terms. To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note and the terms of the Indenture, the terms of the Indenture shall control. The Notes are senior obligations of the Company and the aggregate principal amount of the Notes which may be issued, executed, authenticated, delivered and outstanding is unlimited. The Company may issue Additional Notes under the Indenture in either a limited or an unlimited aggregate principal amount. This Note is one of the Original Notes referred to in the Indenture issued in an aggregate principal amount of $1,000,000,000. Except as provided in the Indenture. The , any Additional Notes are unsecuredshall be treated for all purposes as a single class of Securities under the Indenture.

Indenture; Limitations. The Issuer Company issued the Notes under an Indenture dated as of February 18May 9, 2016 2001 (the “"Indenture”) "), among the Issuer Company, the Guarantors named therein and Xxxxx Fargo Bank, National AssociationThe Bank of New York, as trustee (the “"Trustee”"). Capitalized terms herein are used as defined in the Indenture unless otherwise indicated. This Note is one of a duly authorized issue of Notes of the Issuer Company designated as its 9.50010 3/8% Senior Subordinated Notes due 2024 2011 (the “Initial "Unrestricted Notes”"). The Initial Unrestricted Notes are initially being issued in the aggregate principal amount of $425,000,000E___________. Subject to Section 4.03, the Issuer The Company shall be entitled to issue Additional Notes pursuant to Section 2.14 of the Indenture (the “"Additional Notes”"). The Notes include the Unrestricted 10 3/8% Senior Subordinated Notes issued in exchange due 2011 of the Company (the "Restricted Notes") exchanged for the Initial Unrestricted Notes pursuant to the Registration Rights Agreement. The Initial Notes issued on Unrestricted Notes, the Issue Date, any Additional Notes and all Exchange the Restricted Notes are treated as a single class of securities under the Indenture. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act. The Notes are subject to all such terms, and Holders are referred to the Indenture and the Trust Indenture Act for a statement of all such terms. To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note and the terms of the Indenture, the terms of the Indenture shall control. This is one of the Notes referred to in the Indenture. The Notes are unsecuredunsecured and unsubordinated obligations of the Company.

Indenture; Limitations. The Issuer issued the Notes under an Indenture dated as of February 18, 2016 (the “Indenture”) among the Issuer and Xxxxx Fargo Bank, National Association, as trustee (the “Trustee”) and as collateral agent (the “Collateral Agent”). Capitalized terms herein are used as defined in the Indenture unless otherwise indicated. This Note is one of a duly authorized issue of Notes of the Issuer designated as its 9.50012.75% Senior Secured Second Lien Notes due 2024 2021 (the “Initial Notes”). The Initial Notes are initially being issued in the aggregate principal amount of $425,000,000260,000,000. Subject to Section 4.03, the Issuer shall be entitled to issue Additional Notes pursuant to Section 2.14 of the Indenture (the “Additional Notes”). The Notes include the Unrestricted Notes issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes issued on the Issue Date, Date and any Additional Notes and all Exchange Notes are treated as a single class of securities under the Indenture. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act. The Notes are subject to all such terms, and Holders are referred to the Indenture and the Trust Indenture Act for a statement of all such terms. To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note and the terms of the Indenture, the terms of the Indenture shall control. This is one of the Notes referred to in the Indenture. The Notes are unsecuredsecured.

Indenture; Limitations. The Issuer Company issued the Notes under an a Base Indenture dated as of February 188, 2016 2010 as supplemented and amended, including by the First Supplemental Indenture (the “Supplemental Indenture”) thereto of even date therewith among the Issuer Company, the Guarantors named therein and Xxxxx Fargo Bank, National Association, as trustee (the “Trustee”), among the Company and the Trustee (the “Base Indenture”). Capitalized terms herein are used as defined in the Supplemental Indenture unless otherwise indicated. This Note is one of a duly authorized issue of Notes of the Issuer Company designated as its 9.5009.50% Senior Notes due 2024 2018 (the “Initial Notes”). The Initial Notes are initially being issued in the aggregate principal amount of $425,000,000400,000,000. Subject to Section 4.034.03 of the Supplemental Indenture, the Issuer Company shall be entitled to issue Additional Notes pursuant to Section 2.14 2.06 of the Supplemental Indenture (the “Additional Notes”). The Notes include the Unrestricted Notes issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes issued on the Issue Date, any Additional Notes and all Exchange Notes are treated as a single class of securities under the Supplemental Indenture. The terms of the Notes include those stated in the Supplemental Indenture and those made part of the Supplemental Indenture by reference to the Trust Indenture Act. The Notes are subject to all such terms, and Holders are referred to the Supplemental Indenture and the Trust Indenture Act for a statement of all such terms. To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note and the terms of the Supplemental Indenture, the terms of the Supplemental Indenture shall control. This is one of the Notes referred to in the Supplemental Indenture. The Notes are unsecured.

Indenture; Limitations. The Issuer Company issued the Notes as a series of Securities under an the Senior Indenture dated as of February 1828, 2016 2001 (the “Original Indenture”), as supplemented and amended by the Second Supplemental Indenture thereto dated as of September 30, 2011 (the “Supplemental Indenture”) (the Original Indenture as so supplemented and amended being hereinafter referred to as the “Indenture”) among ), between the Issuer Company and Xxxxx Fargo U.S. Bank National Association (as successor trustee to Wachovia Bank, National AssociationAssociation (formerly First Union National Bank)), as trustee (the “Trustee”). Capitalized terms herein are used as defined in the Indenture unless otherwise indicated. This Note is one of a duly authorized issue of Notes of the Issuer designated as its 9.500% Senior Notes due 2024 (the “Initial Notes”). The Initial Notes are initially being issued in the aggregate principal amount of $425,000,000. Subject to Section 4.03, the Issuer shall be entitled to issue Additional Notes pursuant to Section 2.14 of the Indenture (the “Additional Notes”). The Notes include the Unrestricted Notes issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes issued on the Issue Date, any Additional Notes and all Exchange Notes are treated as a single class of securities under the Indenture. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act. The Notes are subject to all such terms, and Holders are referred to the Indenture and the Trust Indenture Act for a statement of all such terms. To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note and the terms of the Indenture, the terms of the Indenture shall control. The Notes are senior obligations of the Company and the aggregate principal amount of the Notes which may be issued, executed, authenticated, delivered and outstanding is unlimited. The Company may issue Additional Notes under the Indenture in either a limited or an unlimited aggregate principal amount. This Note is one of the Original Notes referred to in the Indenture issued in an aggregate principal amount of $750,000,000. Except as provided in the Indenture. The , any Additional Notes are unsecuredshall be treated for all purposes as a single class of Securities under the Indenture.

Indenture; Limitations. The Issuer Company issued the Notes under an Indenture dated as of February 18November 6, 2016 2003 (the “Indenture”) ), among the Issuer Company, the Guarantors named therein and Xxxxx Fargo Bank, National AssociationBNY Midwest Trust Company, as trustee (the “Trustee”). Capitalized terms herein are used as defined in the Indenture unless otherwise indicated. This Note is one of a duly authorized issue of Notes of the Issuer Company designated as its 9.5007 1/8% Senior Notes due 2024 2013 (the “Initial Notes”). The Initial Notes are initially being issued in the aggregate principal amount of $425,000,000150,000,000. Subject to Section 4.03, the Issuer Company shall be entitled to issue Additional Notes pursuant to Section 2.14 of the Indenture (the “Additional Notes”). The Notes include the Unrestricted Notes (as defined below) issued in exchange for the Initial Additional Notes pursuant to the Registration Rights Agreement. The Initial Notes issued on the Issue Date, any Additional Notes and all Exchange Notes are treated as a single class of securities under the Indenture. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act. The Notes are subject to all such terms, and Holders are referred to the Indenture and the Trust Indenture Act for a statement of all such terms. To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note and the terms of the Indenture, the terms of the Indenture shall control. This is one of the Notes referred to in the Indenture. The Notes are unsecured.

Indenture; Limitations. The Issuer Company issued the Notes under an Indenture dated as of February 18August 8, 2016 2002 (the “Indenture”) "INDENTURE"), among the Issuer Company, the Guarantors named therein and Xxxxx Fargo Bank, National AssociationBNY Midwest Trust Company, as trustee (the “Trustee”"TRUSTEE"). Capitalized terms herein are used as defined in the Indenture unless otherwise indicated. This Note is one of a duly authorized issue of Notes of the Issuer Company designated as its 9.50010 1/2 % Senior Subordinated Notes due 2024 2012 (the “Initial Notes”"UNRESTRICTED NOTES"). The Initial Unrestricted Notes are initially being issued in the aggregate principal amount of $425,000,000_________. Subject to Section 4.03, the Issuer The Company shall be entitled to issue Additional Notes pursuant to Section 2.14 of the Indenture (the “Additional Notes”"ADDITIONAL NOTES"). The Notes include the Unrestricted Notes issued in exchange for the Initial Notes pursuant to and the Registration Rights AgreementUnrestricted Notes. The Initial Notes issued on Notes, the Issue Date, any Additional Notes and all Exchange the Unrestricted Notes are treated as a single class of securities under the Indenture. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act. The Notes are subject to all such terms, and Holders are referred to the Indenture and the Trust Indenture Act for a statement of all such terms. To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note and the terms of the Indenture, the terms of the Indenture shall control. This is one of the Notes referred to in the Indenture. The Notes are unsecured.

Indenture; Limitations. The Issuer Company issued the Notes as a series of Securities under an the Senior Indenture dated as of February 1828, 2016 2001 (the “Original Indenture”), as supplemented and amended by the Fourth Supplemental Indenture thereto dated as of March 10, 2015 (the “Supplemental Indenture”) (the Original Indenture as so supplemented and amended being hereinafter referred to as the “Indenture”) among ), between the Issuer Company and Xxxxx Fargo U. S. Bank National Association (as successor trustee to Wachovia Bank, National AssociationAssociation (formerly First Union National Bank)), as trustee (the “Trustee”). Capitalized terms herein are used as defined in the Indenture unless otherwise indicated. This Note is one of a duly authorized issue of Notes of the Issuer designated as its 9.500% Senior Notes due 2024 (the “Initial Notes”). The Initial Notes are initially being issued in the aggregate principal amount of $425,000,000. Subject to Section 4.03, the Issuer shall be entitled to issue Additional Notes pursuant to Section 2.14 of the Indenture (the “Additional Notes”). The Notes include the Unrestricted Notes issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes issued on the Issue Date, any Additional Notes and all Exchange Notes are treated as a single class of securities under the Indenture. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act. The Notes are subject to all such terms, and Holders are referred to the Indenture and the Trust Indenture Act for a statement of all such terms. To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note and the terms of the Indenture, the terms of the Indenture shall control. The Notes are senior obligations of the Company and the aggregate principal amount of the Notes which may be issued, executed, authenticated, delivered and outstanding is unlimited. The Company may issue Additional Notes under the Indenture in either a limited or an unlimited aggregate principal amount. This Note is one of the Original Notes referred to in the Indenture issued in an aggregate principal amount of $700,000,000. Except as provided in the Indenture. The , any Additional Notes are unsecuredshall be treated for all purposes as a single class of Securities under the Indenture.

Indenture; Limitations. The Issuer Company issued the Notes under an Indenture dated as of February 18May 9, 2016 2001 (the “"Indenture”) "), among the Issuer Company, the Guarantors named therein and Xxxxx Fargo Bank, National AssociationThe --------- Bank of New York, as trustee (the “"Trustee”"). Capitalized terms herein are used ------- as defined in the Indenture unless otherwise indicated. This Note is one of a duly authorized issue of Notes of the Issuer Company designated as its 9.50010 3/8% Senior Subordinated Notes due 2024 2011 (the “"Initial Notes”"). The Initial Notes are ------------- initially being issued in the aggregate principal amount of $425,000,000. Subject to Section 4.03, the Issuer 175,000,000. The Company shall be entitled to issue Additional Notes pursuant to Section 2.14 of the Indenture (the “"Additional Notes”"). The Notes include the Unrestricted ---------------- Notes (as defined below) issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes issued on Notes, the Issue Date, any Additional Notes and all Exchange the Unrestricted Notes are treated as a single class of securities under the Indenture. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act. The Notes are subject to all such terms, and Holders are referred to the Indenture and the Trust Indenture Act for a statement of all such terms. To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note and the terms of the Indenture, the terms of the Indenture shall control. This is one of the Notes referred to in the Indenture. The Notes are unsecuredunsecured and unsubordinated obligations of the Company.

Indenture; Limitations. The Issuer Company issued the Notes under an a Base Indenture dated as of February 188, 2016 2010 as supplemented and amended, including by the Second Supplemental Indenture (the “Supplemental Indenture”) thereto dated as of October 18, 2010 among the Issuer Company, the Guarantors named therein and Xxxxx Fargo Bank, National Association, as trustee (the “Trustee”), among the Company and the Trustee (the “Base Indenture”). Capitalized terms herein are used as defined in the Supplemental Indenture unless otherwise indicated. This Note is one of a duly authorized issue of Notes of the Issuer Company designated as its 9.5008.50% Senior Notes due 2024 2020 (the “Initial Notes”). The Initial Notes are initially being issued in the aggregate principal amount of $425,000,000600,000,000. Subject to Section 4.034.03 of the Supplemental Indenture, the Issuer Company shall be entitled to issue Additional Notes pursuant to Section 2.14 2.06 of the Supplemental Indenture (the “Additional Notes”). The Notes include the Unrestricted Notes issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes issued on the Issue Date, any Additional Notes and all Exchange Notes are treated as a single class of securities under the Supplemental Indenture. The terms of the Notes include those stated in the Supplemental Indenture and those made part of the Supplemental Indenture by reference to the Trust Indenture Act. The Notes are subject to all such terms, and Holders are referred to the Supplemental Indenture and the Trust Indenture Act for a statement of all such terms. To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note and the terms of the Supplemental Indenture, the terms of the Supplemental Indenture shall control. This is one of the Notes referred to in the Supplemental Indenture. The Notes are unsecured.