Common use of Issuance of Additional Notes Clause in Contracts

Issuance of Additional Notes. If authorized by a Board Resolution, the Company shall be entitled to issue Additional Notes under this Indenture which shall have substantially identical terms as the Notes, other than with respect to the date of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto or upon a registration default as provided under a registration rights agreement related thereto, if any (and if such Additional Notes shall be issued in the form of Unrestricted Notes, other than with respect to transfer restrictions); provided that such issuance shall be made in compliance with this Indenture; provided, however, that no Additional Notes may be issued at a price that would cause such Additional Notes to have “original issue discount” within the meaning of Section 1273 of the Code. The Initial Notes issued on the Closing Date, any Additional Notes and all Exchange Notes issued in exchange for such Initial Notes or Additional Notes shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, the Company shall set forth in an Officers’ Certificate, a copy of which shall be delivered to the Trustee, or in a supplemental indenture, the following information:

Issuance of Additional Notes. If authorized by a Board Resolution, the Company (a) The Issuer shall be entitled entitled, subject to its compliance with Article Four, to issue Additional Notes under this Indenture which Indenture. Any Additional Notes shall be part of the same series as the Initial Notes issued on the date hereof, rank equally with the Initial Notes and have substantially identical terms as and conditions to the Notes, Initial Notes in all respects other than with respect to (a) the date of issuance, (b) the issue price, amount (c) rights under a related Registration Rights Agreement, if any, and (d) at the option of the Issuer, (i) as to the payment of interest payable on accruing prior to the issue date of such Additional Notes, and (ii) the first payment of interest payment following the issue date applicable thereto or upon a registration default as provided under a registration rights agreement related thereto, if any (and if of such Additional Notes shall be issued in the form of Unrestricted Notes, other than with respect to transfer restrictions); provided that such issuance shall be made in compliance with this Indenture; provided, however, that no Additional Notes may be issued at a price that would cause such Additional Notes to have “original issue discount” within the meaning of Section 1273 of the Code. The Initial Notes issued on the Closing DateNotes, any Additional Notes subsequently issued upon original issue under this Indenture and all Exchange Notes issued in exchange for such Initial Notes or any Additional Notes shall be treated as a single class for all purposes under this Indenture. With respect , including directions, waivers, amendments, consents, redemptions and offers to purchase, and none of the Holders of any Initial Notes, any Exchange Notes or any Additional Notes shall have the right to vote or consent as a separate class on any matter to which such Holders are entitled to vote or consent; provided, however, that if any Additional Notes are not fungible with the Initial Notes, the Company such Additional Notes shall set forth in an Officers’ Certificate, have a copy of which shall be delivered to the Trustee, different CUSIP number (or in a supplemental indenture, the following information:other applicable identifying number).

Issuance of Additional Notes. If authorized by a Board Resolution, the (a) The Company shall be entitled entitled, subject to its compliance with Article Four, to issue Additional Notes under this Indenture which Indenture. Any Additional Notes shall be part of the same series as the Initial Notes issued on the Issue Date, rank equally with the Initial Notes and have substantially identical terms as and conditions to the Notes, Initial Notes in all respects other than with respect to (a) the date of issuance, (b) the issue price, amount (c) rights under a related Registration Rights Agreement, if any, and (d) at the option of the Company, (i) as to the payment of interest payable on accruing prior to the issue date of such Additional Notes, and (ii) the first payment of interest payment following the issue date applicable thereto or upon a registration default as provided under a registration rights agreement related thereto, if any (and if of such Additional Notes shall be issued in the form of Unrestricted Notes, other than with respect to transfer restrictions); provided that such issuance shall be made in compliance with this Indenture; provided, however, that no Additional Notes may be issued at a price that would cause such Additional Notes to have “original issue discount” within the meaning of Section 1273 of the Code. The Initial Notes issued on the Closing DateNotes, any Additional Notes subsequently issued upon original issue under this Indenture and all Exchange Notes issued in exchange for such Initial Notes or Additional Notes therefor shall be treated as a single class for all purposes under this Indenture. With respect , including directions, waivers, amendments, consents, redemptions and offers to purchase; and none of the Holders of any Initial Notes, any Exchange Notes or any Additional Notes, Notes shall have the Company shall set forth in an Officers’ Certificate, right to vote or consent as a copy of separate class on any matter to which shall be delivered such Holders are entitled to the Trustee, vote or in a supplemental indenture, the following information:consent.

Issuance of Additional Notes. If authorized by a Board Resolution, the The Company shall be entitled to issue Additional Notes under this Indenture which shall have substantially identical terms as the Notes, other than with respect to the date of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto or upon a registration default as provided under a registration rights agreement related theretothereto and terms of optional redemption, if any (and and, if such Additional Notes shall be issued in the form of Unrestricted Exchange Notes, other than with respect to transfer restrictions); provided provided, that such issuance shall be made in compliance with this IndentureSection 1007; provided, however, that no Additional Notes may be issued at a price that would cause such unless the Additional Notes to either (i) are part of the same "issue" as the Initial Notes for purposes of section 1271 through 1275 of the Internal Revenue Code of 1986, as amended (the "Code"), or (ii) have “original an issue discount” within the meaning price for purposes of Section section 1273 of the CodeCode equal to the adjusted issue price of the Initial Notes, determined as of the issue date of the Additional Notes. The Initial Notes issued on the Closing Datedate of this Indenture, any Additional Notes and all Exchange Notes or Private Exchange Notes issued in exchange for such Initial Notes or Additional Notes therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, the Company shall set forth in an Officers’ ' Certificate, a copy of which shall be delivered to the Trustee, or in a supplemental indenture, the following information:

Issuance of Additional Notes. If authorized by a Board Resolution, the The Company shall be entitled to issue Additional Notes under this Indenture which shall have substantially terms identical to the terms as of the NotesNotes issued on the Closing Date, other than with respect to the date of issuance, issue priceprice (including amount of interest deemed to have accrued since the last Interest Payment Date), and amount of interest payable on the first interest payment date applicable thereto or upon a registration default as provided under a registration rights agreement Registration Rights Agreement related thereto, if any (and if such Additional Notes shall be issued in the form of Unrestricted Notes, other than with respect to transfer restrictions); provided that each such issuance shall must be made in compliance with this Indenture; provided, however, that no Additional Notes may be issued at a price that would cause such Additional Notes to have “original issue discount” within the meaning of Section 1273 of the Code4.03. The Initial Company shall use commercially reasonable efforts to ensure that the Exchange Notes issued in exchange for the Notes issue on the Closing Date, any Additional Notes and all Exchange Notes issued in exchange for such Initial Notes or any Additional Notes shall be treated as issued in a single class for all purposes transaction exempt from the registration requirements of the Securities Act and any Additional Notes issued pursuant to an effective registration statement under this Indenturethe Securities Act have the same CUSIP numbers. With respect to any issue of Additional Notes, the Company shall set forth the following information in a resolution of its Board of Directors (or a duly appointed committee thereof) and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, or in a Trustee and which shall be sufficient to provide for the issuance of such Additional Notes without entry into any supplemental indenture, the following information:

Issuance of Additional Notes. If authorized by a Board Resolution, the Company (a) The Issuer shall be entitled entitled, subject to its compliance with Article 4, to issue Additional Notes under this Indenture which Indenture. Any Additional Notes shall be part of the same series as the Initial Notes issued on the Issue Date, rank equally with the Initial Notes and have substantially identical terms as and conditions to the Notes, Initial Notes in all respects other than with respect to (a) the date of issuance, (b) the issue priceprice and (c) at the option of the Issuer, amount (i) as to the payment of interest payable on accruing prior to the issue date of such Additional Notes, and (ii) the first payment of interest payment following the issue date applicable thereto or upon a registration default as provided under a registration rights agreement related thereto, if any (and if of such Additional Notes shall be issued in the form of Unrestricted Notes, other than with respect to transfer restrictions); provided that such issuance shall be made in compliance with this Indenture; provided, however, that no Additional Notes may be issued at a price that would cause such Additional Notes to have “original issue discount” within the meaning of Section 1273 of the Code. The Initial Notes issued on the Closing Date, and any Additional Notes and all Exchange Notes subsequently issued in exchange for such Initial Notes or Additional Notes upon original issue under this Indenture shall be treated as a single class for all purposes under this Indenture. With respect , including directions, waivers, amendments, consents, redemptions and offers to purchase, and none of the Holders of any Initial Notes or any Additional NotesNotes shall have the right to vote or consent as a separate class on any matter to which such Holders are entitled to vote or consent; provided, however, that if any Additional Notes are not fungible with the Company Initial Notes for U.S. federal income tax purposes, such Additional Notes shall set forth in an Officers’ Certificate, have a copy of which shall be delivered to the Trustee, different CUSIP number (or in a supplemental indenture, the following information:other applicable identifying number).

Issuance of Additional Notes. If authorized by a All Notes of any one series shall be substantially identical except as to denomination and except as may otherwise be provided in or pursuant to the applicable Board ResolutionResolution and set forth in an Officers’ Certificate, the or in any indenture supplemental hereto. The Company shall be entitled to issue Additional Notes of a series under this Indenture which that shall have substantially identical terms as the NotesOriginal Notes of such series, other than with respect to the date of issuance, issue price, amount of interest payable on the first interest payment date Interest Payment Date applicable thereto or upon a registration default as provided under a registration rights agreement related theretoto such Additional Notes and, if any (and applicable, the first Interest Payment Date for such Additional Notes; provided that if such Additional Notes shall be issued in are not fungible with the form Original Notes of Unrestricted Notessuch series for U.S. federal income tax purposes, other than with respect to transfer restrictions)such Additional Notes will have one or more separate CUSIP numbers; and provided further that such issuance shall be made in compliance with is not prohibited by the terms of this Indenture; provided, howeverincluding, that no Additional Notes may be issued at a price that would cause such Additional Notes to have “original issue discount” within the meaning of without limitation, Section 1273 of the Code4.03 and Section 4.09. The Initial Original Notes issued on the Closing Date, and any Additional Notes and all Exchange Notes issued in exchange for such Initial Notes or Additional Notes of a series shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, the Company shall set forth in a Board Resolution and in an Officers’ Certificate, or in one or more indentures supplemental hereto, a copy of each of which shall be delivered to the Trustee, or in a supplemental indenture, the following information:

Issuance of Additional Notes. If authorized by a Board ResolutionFrom time to time subsequent to the date hereof, without the Company shall be entitled to issue Additional Notes under this Indenture which shall have substantially identical terms as consent of the Holders of the Notes, other than with respect to the date Issuer may create and issue additional Notes (the “Additional Notes”) under the terms of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto or upon a registration default as provided under a registration rights agreement related thereto, if any Original Indenture and this Third Supplemental Indenture (and if such without need to execute any additional supplemental indenture). The Additional Notes shall be issued as part of the existing series of Notes issued pursuant to this Third Supplemental Indenture and shall have terms identical in all material respects (except for the form of Unrestricted Notesinitial interest accrual date, other than with respect the initial Interest Payment Date, and the issue price) to transfer restrictions); provided that such issuance any Outstanding Notes and shall be made in compliance treated together with any Outstanding Notes as a single issue of Notes under the Original Indenture and this Third Supplemental Indenture; provided. Any Additional Notes issued hereunder shall rank equally and ratably with the Notes originally issued pursuant to this Third Supplemental Indenture, however, that no shall have the same CUSIP number and shall trade interchangeably with such Notes and shall otherwise constitute Notes for all other purposes hereof. Any Additional Notes may be issued at a price that would cause such Additional Notes pursuant to have “original issue discount” within the meaning of Section 1273 of the Codeauthorization provided by one or more Board Resolutions. The Initial Notes issued on the Closing Date, any Additional Notes and all Exchange Notes issued in exchange for such Initial Notes or No Additional Notes shall be treated as a single class for all purposes issued at any time that there is an Event of Default under this Indenture. With the Original Indenture with respect to any Additional Notes, the Company shall set forth in an Officers’ Certificate, a copy of which shall be delivered to the Trustee, or in a supplemental indenture, the following information:Notes that has occurred and is continuing.

Issuance of Additional Notes. If authorized by a Board Resolution, the The Company shall be entitled to issue Additional Notes under this Indenture which shall have substantially identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto or upon a registration default as provided under a registration rights agreement related theretothereto and terms of optional redemption, if any (and and, if such Additional Notes shall be issued in the form of Unrestricted Exchange Notes, other than with respect to transfer restrictions); provided that any issuance of Additional Notes shall be on or before June 15, 2007; provided, further, that such issuance shall be made in compliance with this IndentureSection 4.04; provided, further, that no Additional Notes may be authenticated and delivered in an aggregate principal amount of less than $25.0 million per issuance; provided, however, that no Additional Notes may be issued at a price that would cause such Additional Notes to have “"original issue discount” " within the meaning of Section 1273 of the Code. The Initial Notes issued on the Closing DateInternal Revenue Code of 1986, any Additional Notes and all Exchange Notes issued in exchange for such Initial Notes or Additional Notes shall be treated as a single class for all purposes under this Indentureamended. With respect to any Additional Notes, the Company shall set forth in a resolution of its Board of Directors (or a duly appointed committee thereof) and in an Officers’ ' Certificate, a copy of each of which shall be delivered to the Trustee, or in a supplemental indenture, the following information:

Issuance of Additional Notes. If authorized by a Board Resolution, the Company shall be entitled to issue Additional Notes under this Indenture which shall have substantially identical terms as the Notes, other than with respect to the date of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto or upon a registration default as provided under a registration rights agreement related thereto, if any (and if such Additional Notes shall be issued in the form of Unrestricted Notes, other than with respect to transfer restrictions); provided that such issuance shall be made in compliance with this Indenture; provided, however, that no Additional Notes may be issued at a price that would cause such Additional Notes to have “"original issue discount” " within the meaning of Section 1273 of the Code. The Initial Notes issued on the Closing Date, any Additional Notes and all Exchange Notes or Private Exchange Notes issued in exchange for such Initial Notes or Additional Notes shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, the Company shall set forth in an Officers’ ' Certificate, a copy of which shall be delivered to the Trustee, or in a supplemental indenture, the following information:

Issuance of Additional Notes. If authorized by a Board Resolution, the Company The Issuer shall be entitled to issue Additional Notes under this Indenture which shall have substantially identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto or upon a registration default as provided under a registration rights agreement related theretothereto and terms of optional redemption, if any (and and, if such Additional Notes shall be issued in the form of Unrestricted Exchange Notes, other than with respect to transfer restrictions); provided that any issuance of Additional Notes shall be on or before September 14, 2007; provided, further, that such issuance shall be made in compliance with this IndentureSection 4.06; provided, further, that no Additional Notes may be authenticated and delivered in an aggregate principal amount of less than U.S.$25.0 million per issuance; provided, however, that no Additional Notes may be issued at a price that would cause such Additional Notes to have “original issue discount” within the meaning of Section 1273 of the Code. The Initial Notes issued on the Closing DateInternal Revenue Code of 1986, any Additional Notes and all Exchange Notes issued in exchange for such Initial Notes or Additional Notes shall be treated as a single class for all purposes under this Indentureamended. With respect to any Additional Notes, the Company Issuer shall set forth in a resolution of its Board of Directors (or a duly appointed committee thereof) and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, or in a supplemental indenture, the following information:

Issuance of Additional Notes. If authorized by a Board ResolutionFrom time to time subsequent to the date hereof, without the consent of the Holders of the Notes, the Company shall be entitled to may create and issue additional Notes (the “Additional Notes Notes”) under the terms of the Indenture and this Supplemental Indenture which shall have substantially identical terms as the Notes, other than with respect to the date of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto or upon a registration default as provided under a registration rights agreement related thereto, if any (and if such without need to execute any additional supplemental indenture). The Additional Notes shall be issued as part of the existing series of Notes issued pursuant to this Supplemental Indenture and shall have terms identical in all material respects (except for the form initial interest accrual date and the first Interest Payment Date) to any Outstanding Notes and shall be treated together with any Outstanding Notes as a single series of Unrestricted Notes, Securities. Any Additional Notes issued hereunder shall rank equally and ratably with the Notes originally issued pursuant to this Supplemental Indenture and shall trade interchangeably with such Notes and shall otherwise constitute Notes for all other than with respect to transfer restrictions)purposes hereof; provided that such issuance if the Additional Notes are not fungible with the existing series of Notes for U.S. federal income tax purposes, the Additional Notes shall be made in compliance with this Indenture; provided, however, that no have a separate CUSIP number. Any Additional Notes may be issued at a price that would cause such Additional Notes pursuant to have “original issue discount” within the meaning of Section 1273 of the Codeauthorization provided by one or more Board Resolutions. The Initial Notes issued on the Closing Date, any Additional Notes and all Exchange Notes issued in exchange for such Initial Notes or No Additional Notes shall be treated as a single class for all purposes issued at any time that an Event of Default under this Indenture. With the Indenture with respect to any Additional Notes, the Company shall set forth in an Officers’ Certificate, a copy of which shall be delivered to the Trustee, or in a supplemental indenture, the following information:Notes has occurred and is continuing.

Issuance of Additional Notes. If authorized by a Board Resolution, the Company The Issuer shall be entitled to issue Additional Notes under this Indenture which shall have substantially identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto or upon a registration default as provided under a registration rights agreement related theretothereto and terms of optional redemption, if any (and and, if such Additional Notes shall be issued in the form of Unrestricted Exchange Notes, other than with respect to transfer restrictions); provided that any issuance of Additional Notes shall be on or before April 3, 2008; provided, further, that such issuance shall be made in compliance with this IndentureSection 4.06; provided, further, that no Additional Notes may be authenticated and delivered in an aggregate principal amount of less than U.S.$25.0 million per issuance; provided, however, that no Additional Notes may be issued at a price that would cause such Additional Notes to have “original issue discount” within the meaning of Section 1273 of the Code. The Initial Notes issued on the Closing DateInternal Revenue Code of 1986, any Additional Notes and all Exchange Notes issued in exchange for such Initial Notes or Additional Notes shall be treated as a single class for all purposes under this Indentureamended. With respect to any Additional Notes, the Company Issuer shall set forth in a resolution of its Board of Directors (or a duly appointed committee thereof) and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, or in a supplemental indenture, the following information:

Issuance of Additional Notes. If authorized by a Board Resolution, the The Company shall be entitled to issue Additional Notes under this Indenture which shall have substantially terms identical to the terms as of the NotesNotes issued on the Closing Date, other than with respect to the date of issuance, issue priceprice (including amount of interest deemed to have accrued since the last Interest Payment Date), and amount of interest payable on the first interest payment date applicable thereto or upon a registration default as provided under a registration rights agreement Registration Rights Agreement related thereto, if any (and if such Additional Notes shall be issued in the form of Unrestricted Notes, other than with respect to transfer restrictions); provided that each such issuance shall must be made in compliance with this Indenture; provided, however, that no Additional Notes may be issued at a price that would cause such Additional Notes to have “original issue discount” within the meaning of Section 1273 of the Code4.03. The Initial Company shall use commercially reasonable efforts to ensure that the Exchange Notes issued in exchange for the Notes issued on the Closing Date, any Additional Notes and all Exchange Notes issued in exchange for such Initial Notes or any Additional Notes shall be treated as issued in a single class for all purposes transaction exempt from the registration requirements of the Securities Act and any Additional Notes issued pursuant to an effective registration statement under this Indenturethe Securities Act have the same CUSIP numbers. With respect to any issue of Additional Notes, the Company shall set forth the following information in a resolution of its Board of Directors (or a duly appointed committee thereof) and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, or in a Trustee and which shall be sufficient to provide for the issuance of such Additional Notes without entry into any supplemental indenture, the following information:

Issuance of Additional Notes. If authorized by a Board Resolution, the The Company shall be entitled entitled, subject to its compliance with Section 4.09, to issue Additional Notes under this Indenture which Additional Notes shall be part of the same series as the Initial Notes issued on the Initial Issuance Date, rank equally with the Initial Notes and shall have substantially identical terms as the NotesInitial Notes issued on the Initial Issuance Date in all respects, other than with respect to (a) the date of issuance, (b) the issue price, amount of (c) the date from which interest payable on begins to accrue and (d) the first initial interest payment date applicable thereto or upon a registration default as provided under a registration rights agreement related thereto, if any (and if such Additional Notes shall be issued in the form of Unrestricted Notes, other than with respect to transfer restrictions); provided that such issuance shall be made in compliance with this Indenture; provided, however, that no Additional Notes may be issued at a price that would cause such Additional Notes to have “original issue discount” within the meaning of Section 1273 of the Codedate. The Initial Notes issued on the Closing Date, and any Additional Notes and all Exchange Notes issued in exchange for such Initial Notes or Additional Notes upon original issue under this Indenture shall be treated as a single class for all purposes under this Indenture, including waivers, consents, directions, declarations, amendments, redemptions and offers to purchase; and none of the Holders of any Initial Notes or any Additional Notes shall have the right to vote or consent as a separate class on any matter to which such Holders are entitled to vote or consent. With respect to any Additional Notes, the Company shall set forth in an Officers’ Certificate, a copy of which shall be delivered to the Trustee, or in a supplemental indenture, the following information:

Issuance of Additional Notes. If authorized by a Board ResolutionFrom time to time subsequent to the date hereof, without the consent of the Holders of the Notes, the Company shall be entitled to may create and issue additional Notes (the “Additional Notes Notes”) under the terms of the Indenture and this Supplemental Indenture which shall have substantially identical terms as the Notes, other than with respect to the date of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto or upon a registration default as provided under a registration rights agreement related thereto, if any (and if such without need to execute any additional supplemental indenture). The Additional Notes shall be issued as part of the existing series of Notes issued pursuant to this Supplemental Indenture and shall have terms identical in all material respects (except for the form of Unrestricted Notes, other than with respect initial interest accrual date and the first Interest Payment Date) to transfer restrictions); provided that such issuance any Outstanding Notes and shall be made in compliance treated together with any Outstanding Notes as a single issue of Notes. Any Additional Notes issued hereunder shall rank equally and ratably with the Notes originally issued pursuant to this Supplemental Indenture; provided, however, that no shall have the same CUSIP number and shall trade interchangeably with such Notes and shall otherwise constitute Notes for all other purposes hereof. Any Additional Notes may be issued at a price that would cause such Additional Notes pursuant to have “original issue discount” within the meaning of Section 1273 of the Codeauthorization provided by one or more Board Resolutions. The Initial Notes issued on the Closing Date, any Additional Notes and all Exchange Notes issued in exchange for such Initial Notes or No Additional Notes shall be treated as a single class for all purposes issued at any time that there is an Event of Default under this Indenture. With the Indenture with respect to any Additional Notes, the Company shall set forth in an Officers’ Certificate, a copy of which shall be delivered to the Trustee, or in a supplemental indenture, the following information:Notes that has occurred and is continuing.

Issuance of Additional Notes. If authorized by a Board Resolution, the The Company shall be entitled to issue Additional Notes under this Indenture which shall have substantially terms identical to the terms as of the NotesNotes issued on the Closing Date, other than with respect to the date of issuance, issue priceprice (including amount of interest deemed to have accrued since the last Interest Payment Date), and amount of interest payable on the first interest payment date applicable thereto or upon a registration default as provided under a registration rights agreement Registration Rights Agreement related thereto, if any (and if such Additional Notes shall be issued in the form of Unrestricted Notes, other than with respect to transfer restrictions); provided that each such issuance shall must be made in compliance with this Indenture; provided, however, that no Additional Notes may be issued at a price that would cause such Additional Notes to have “original issue discount” within the meaning of Section 1273 of the Code4.03 and Section 4.08. The Initial Company shall use commercially reasonable efforts to ensure that the Exchange Notes issued in exchange for the Notes issued on the Closing Date, any Additional Notes and all Exchange Notes issued in exchange for such Initial Notes or any Additional Notes shall be treated as issued in a single class for all purposes transaction exempt from the registration requirements of the Securities Act and any Additional Notes issued pursuant to an effective registration statement under this Indenturethe Securities Act have the same CUSIP numbers. With respect to any issue of Additional Notes, the Company shall set forth the following information in a resolution of its Board of Directors (or a duly appointed committee thereof) and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, or in a Trustee and which shall be sufficient to provide for the issuance of such Additional Notes without entry into any supplemental indenture, the following information:

Issuance of Additional Notes. If authorized by a Board ResolutionFrom time to time subsequent to the date hereof, without the Company shall be entitled to issue Additional Notes under this Indenture which shall have substantially identical terms as consent of the Holders of the Notes, other than with respect to the date Issuer may create and issue additional Notes (the “Additional Notes”) under the terms of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto or upon a registration default as provided under a registration rights agreement related thereto, if any Original Indenture and this First Supplemental Indenture (and if such without need to execute any additional supplemental indenture). The Additional Notes shall be issued as part of the existing series of Notes issued pursuant to this First Supplemental Indenture and shall have terms identical in all material respects (except for the form of Unrestricted Notesinitial interest accrual date, other than with respect the initial Interest Payment Date, and the issue price) to transfer restrictions); provided that such issuance any Outstanding Notes and shall be made in compliance treated together with any Outstanding Notes as a single issue of Notes under the Original Indenture and this First Supplemental Indenture; provided. Any Additional Notes issued hereunder shall rank equally and ratably with the Notes originally issued pursuant to this First Supplemental Indenture, however, that no shall have the same CUSIP number and shall trade interchangeably with such Notes and shall otherwise constitute Notes for all other purposes hereof. Any Additional Notes may be issued at a price that would cause such Additional Notes pursuant to have “original issue discount” within the meaning of Section 1273 of the Codeauthorization provided by one or more Board Resolutions. The Initial Notes issued on the Closing Date, any Additional Notes and all Exchange Notes issued in exchange for such Initial Notes or No Additional Notes shall be treated as a single class for all purposes issued at any time that there is an Event of Default under this Indenture. With the Original Indenture with respect to any Additional Notes, the Company shall set forth in an Officers’ Certificate, a copy of which shall be delivered to the Trustee, or in a supplemental indenture, the following information:Notes that has occurred and is continuing.

Issuance of Additional Notes. If authorized by a Board Resolution, the Company The Issuer shall be entitled entitled, subject to its compliance with Sections 1008 and 1010, to issue Additional Notes under this Indenture in an aggregate amount not to exceed $100 million which Additional Notes shall be part of the same series as the Initial Notes issued on the Initial Issuance Date, rank equally with the Initial Notes and shall have substantially identical terms as the NotesInitial Notes issued on the Initial Issuance Date in all respects, other than with respect to (a) the date of issuance, (b) the issue price, amount of (c) the date from which interest payable on begins to accrue and (d) the first initial interest payment date applicable thereto or upon a registration default as provided under a registration rights agreement related thereto, if any (and if such Additional Notes shall be issued in the form of Unrestricted Notes, other than with respect to transfer restrictions); provided that such issuance shall be made in compliance with this Indenture; provided, however, that no Additional Notes may be issued at a price that would cause such Additional Notes to have “original issue discount” within the meaning of Section 1273 of the Codedate. The Initial Notes issued on the Closing Date, and any Additional Notes and all Exchange Notes issued in exchange for such Initial Notes or Additional Notes upon original issue under this Indenture shall be treated as a single class for all purposes under of this Indenture, including waivers, consents, directions, declarations, amendments, redemptions and offers to purchase; and none of the Holders of any Initial Notes or any Additional Notes shall have the right to vote or consent as a separate class on any matter to which such Holders are entitled to vote or consent; provided that the Initial Notes and any Additional Notes may be issued under separate CUSIP numbers. With respect to any Additional Notes, the Company Issuer shall set forth in an Officers’ Certificate, a copy of which shall be delivered to the Trustee, or in a supplemental indenture, the following information:

Issuance of Additional Notes. If authorized by a Board ResolutionFrom time to time subsequent to the date hereof, without the Company shall be entitled to issue Additional Notes under this Indenture which shall have substantially identical terms as consent of the Holders of the Notes, other than with respect to the date Issuer may create and issue additional Notes (the “Additional Notes”) under the terms of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto or upon a registration default as provided under a registration rights agreement related thereto, if any Original Indenture and this Fourth Supplemental Indenture (and if such without need to execute any additional supplemental indenture). The Additional Notes shall be issued as part of the existing series of Notes issued pursuant to this Fourth Supplemental Indenture and shall have terms identical in all material respects (except for the form of Unrestricted Notesinitial interest accrual date, other than with respect the initial Interest Payment Date, and the issue price) to transfer restrictions); provided that such issuance any Outstanding Notes and shall be made in compliance treated together with any Outstanding Notes as a single issue of Notes under the Original Indenture and this Fourth Supplemental Indenture; provided. Any Additional Notes issued hereunder shall rank equally and ratably with the Notes originally issued pursuant to this Fourth Supplemental Indenture, however, that no shall have the same CUSIP number and shall trade interchangeably with such Notes and shall otherwise constitute Notes for all other purposes hereof. Any Additional Notes may be issued at a price that would cause such Additional Notes pursuant to have “original issue discount” within the meaning of Section 1273 of the Codeauthorization provided by one or more Board Resolutions. The Initial Notes issued on the Closing Date, any Additional Notes and all Exchange Notes issued in exchange for such Initial Notes or No Additional Notes shall be treated as a single class for all purposes issued at any time that there is an Event of Default under this Indenture. With the Original Indenture with respect to any Additional Notes, the Company shall set forth in an Officers’ Certificate, a copy of which shall be delivered to the Trustee, or in a supplemental indenture, the following information:Notes that has occurred and is continuing.

Issuance of Additional Notes. If authorized by a Board Resolution, the Company (a) The Issuers shall be entitled entitled, subject to its compliance with Article 4, to issue Additional Notes under this Indenture which Indenture. Any Additional Notes shall be part of the same series as the Initial Notes issued on the date hereof, rank equally with the Initial Notes and have substantially identical terms as and conditions to the Notes, Initial Notes in all respects other than with respect to (a) the date of issuance, (b) the issue price, amount (c) rights under a related Registration Rights Agreement, if any, and (d) at the option of the Issuers, (i) as to the payment of interest payable on accruing prior to the issue date of such Additional Notes, and (ii) the first payment of interest payment following the issue date applicable thereto or upon a registration default as provided under a registration rights agreement related thereto, if any (and if of such Additional Notes shall be issued in the form of Unrestricted Notes, other than with respect to transfer restrictions); provided that such issuance shall be made in compliance with this Indenture; provided, however, that no Additional Notes may be issued at a price that would cause such Additional Notes to have “original issue discount” within the meaning of Section 1273 of the Code. The Initial Notes issued on the Closing DateNotes, any Additional Notes subsequently issued upon original issue under this Indenture and all Exchange Notes issued in exchange for such Initial Notes or Additional Notes therefor shall be treated as a single class for all purposes under this Indenture. With respect , including directions, waivers, amendments, consents, redemptions and offers to purchase; and none of the Holders of any Initial Notes, any Exchange Notes or any Additional Notes, Notes shall have the Company shall set forth in an Officers’ Certificate, right to vote or consent as a copy of separate class on any matter to which shall be delivered such Holders are entitled to the Trustee, vote or in a supplemental indenture, the following information:consent.

Issuance of Additional Notes. If authorized by a Board ResolutionFrom time to time subsequent to the date hereof, without the Company shall be entitled to issue Additional Notes under this Indenture which shall have substantially identical terms as consent of the Holders of the Notes, other than with respect to the date Issuer may create and issue additional Notes (the “Additional Notes”) under the terms of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto or upon a registration default as provided under a registration rights agreement related thereto, if any Original Indenture and this Second Supplemental Indenture (and if such without need to execute any additional supplemental indenture). The Additional Notes shall be issued as part of the existing series of Notes issued pursuant to this Second Supplemental Indenture and shall have terms identical in all material respects (except for the form of Unrestricted Notesinitial interest accrual date, other than with respect the initial Interest Payment Date, and the issue price) to transfer restrictions); provided that such issuance any Outstanding Notes and shall be made in compliance treated together with any Outstanding Notes as a single issue of Notes under the Original Indenture and this Second Supplemental Indenture; provided. Any Additional Notes issued hereunder shall rank equally and ratably with the Notes originally issued pursuant to this Second Supplemental Indenture, however, that no shall have the same CUSIP number and shall trade interchangeably with such Notes and shall otherwise constitute Notes for all other purposes hereof. Any Additional Notes may be issued at a price that would cause such Additional Notes pursuant to have “original issue discount” within the meaning of Section 1273 of the Codeauthorization provided by one or more Board Resolutions. The Initial Notes issued on the Closing Date, any Additional Notes and all Exchange Notes issued in exchange for such Initial Notes or No Additional Notes shall be treated as a single class for all purposes issued at any time that there is an Event of Default under this Indenture. With the Original Indenture with respect to any Additional Notes, the Company shall set forth in an Officers’ Certificate, a copy of which shall be delivered to the Trustee, or in a supplemental indenture, the following information:Notes that has occurred and is continuing.

Issuance of Additional Notes. If authorized by a Board Resolution, the Company The Issuers shall be entitled entitled, subject to their compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have substantially identical terms as the NotesInitial Notes issued on the Initial Issuance Date, other than with respect to the date of issuance, issue price, amount of the date from which interest payable on begins to accrue, the first interest payment date applicable thereto or upon a registration default as provided under a registration rights agreement related theretodate, and, if any (and if such Additional Notes shall be issued in applicable, the form existence of Unrestricted Notesresale restrictions pursuant to the Securities Act, other than with respect to transfer restrictions); provided that such issuance shall be made in compliance with this Indenture; provided, however, that no Additional Notes may be issued at a price that would cause with the same “CUSIP”, “ISIN” or “Common Code” number as the Initial Notes unless it is so permitted in accordance with applicable law and such Additional Notes to have “original issue discount” within are fungible with the meaning of Section 1273 of the CodeInitial Notes for U.S. federal tax purposes. The Initial Notes issued on the Closing Initial Issuance Date, any Additional Notes and all Exchange Notes issued in exchange for such Initial Notes or Additional Notes therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Company Issuers shall set forth in an Officers’ Certificate, a copy of which shall be delivered to the Trustee, or in a supplemental indenture, the following information:

Issuance of Additional Notes. If authorized by a Board Resolution, the Company The Issuer shall be entitled to issue Additional Notes under this Indenture which shall have substantially identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto or upon a registration default as provided under a registration rights agreement related theretothereto and terms of optional redemption, if any (and and, if such Additional Notes shall be issued in the form of Unrestricted Exchange Notes, other than with respect to transfer restrictions); provided that any issuance of Additional Notes shall be on or before April 3, 2008; provided, further, that such issuance shall be made in compliance with this IndentureSection 4.06; provided, further, that no Additional Notes may be authenticated and delivered in an aggregate principal amount of less than U.S.$25.0 million per issuance; provided, however, that no Additional Notes may be issued at a price that would cause such Additional Notes to have “"original issue discount” " within the meaning of Section 1273 of the Code. The Initial Notes issued on the Closing DateInternal Revenue Code of 1986, any Additional Notes and all Exchange Notes issued in exchange for such Initial Notes or Additional Notes shall be treated as a single class for all purposes under this Indentureamended. With respect to any Additional Notes, the Company Issuer shall set forth in a resolution of its Board of Directors (or a duly appointed committee thereof) and in an Officers’ ' Certificate, a copy of each of which shall be delivered to the Trustee, or in a supplemental indenture, the following information:

Issuance of Additional Notes. If authorized by a Board Resolution, the The Company shall be entitled to issue Additional Notes under this Indenture which shall have substantially identical terms as the Notes, other than with respect to the date of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto or upon a registration default as provided under a registration rights agreement related thereto, if any (and if such Additional Notes shall be issued in the form of Unrestricted Exchange Notes, other than with respect to transfer restrictions); provided that such issuance shall be made in compliance with this IndentureSection 4.10; provided, however, that no Additional Notes may be issued at a price that would cause such Additional Notes to have “"original issue discount” " within the meaning of Section 1273 of the CodeInternal Revenue Code of 1986, as amended. The Initial Notes issued on the Closing Datedate of this Indenture, any Additional Notes and all Exchange Notes or Private Exchange Notes issued in exchange for such Initial Notes or Additional Notes therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, the Company shall set forth in an Officers’ ' Certificate, a copy of which shall be delivered to the Trustee, or in a supplemental indenture, the following information:

Issuance of Additional Notes. If authorized by a Board Resolution, the Company The Issuers shall be entitled entitled, subject to their compliance with Section 4.08, to issue Additional Notes under this Indenture which shall have substantially identical terms as the NotesInitial Notes issued on the Initial Issuance Date, other than with respect to the date of issuance, issue price, amount of price and the date from which interest payable on the first interest payment date applicable thereto or upon a registration default as provided under a registration rights agreement related thereto, if any (and if such Additional Notes shall be issued in the form of Unrestricted Notes, other than with respect begins to transfer restrictions); provided that such issuance shall be made in compliance with this Indenture; provided, however, that no Additional Notes may be issued at a price that would cause such Additional Notes to have “original issue discount” within the meaning of Section 1273 of the Codeaccrue. The Initial Notes issued on the Closing Initial Issuance Date, and any Additional Notes and all Exchange Notes issued in exchange for such Initial Notes or Additional Notes shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Company Issuers shall set forth in an Officers’ Certificate, a copy of which shall be delivered to the Trustee, or in a supplemental indenture, the following information:: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; and (2) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes. ARTICLE 3

Issuance of Additional Notes. If authorized by a Board Resolution, the Company (a) The Issuer shall be entitled entitled, subject to its compliance with Article Four, to issue Additional Notes under this Indenture which Indenture. Any Additional Notes shall be part of the same series as the Initial Notes issued on the date hereof, rank equally with the Initial Notes and have substantially identical terms as and conditions to the Notes, Initial Notes in all respects other than with respect to (a) the date of issuance, (b) the issue priceprice and (c) at the option of the Issuer, amount (i) as to the payment of interest payable on accruing prior to the issue date of such Additional Notes, and (ii) the first payment of interest payment following the issue date applicable thereto or upon a registration default as provided under a registration rights agreement related thereto, if any (and if of such Additional Notes shall be issued in the form of Unrestricted Notes, other than with respect to transfer restrictions); provided that such issuance shall be made in compliance with this Indenture; provided, however, that no Additional Notes may be issued at a price that would cause such Additional Notes to have “original issue discount” within the meaning of Section 1273 of the Code. The Initial Notes issued on the Closing Date, and any Additional Notes and all Exchange Notes subsequently issued in exchange for such Initial Notes or Additional Notes upon original issue under this Indenture shall be treated as a single class for all purposes under this Indenture. With respect , including directions, waivers, amendments, consents, redemptions and offers to purchase, and none of the Holders of any Initial Notes or any Additional Notes shall have the right to vote or consent as a separate class on any matter to which such Holders are entitled to vote or consent; provided, however, that if any Additional Notes are not fungible with the Initial Notes, the Company such Additional Notes shall set forth in an Officers’ Certificate, have a copy of which shall be delivered to the Trustee, different CUSIP number (or in a supplemental indenture, the following information:other applicable identifying number).

Issuance of Additional Notes. If authorized by a Board Resolution, the The Company shall be entitled to issue Additional Notes under this Indenture which shall have substantially identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto or upon a registration default as provided under a registration rights agreement related theretothereto and terms of optional redemption, if any (and and, if such Additional Notes shall be issued in the form of Unrestricted Exchange Notes, other than with respect to transfer restrictions); provided that any issuance of Additional Notes shall be on or before April 1, 2006; provided, further, that such issuance shall be made in compliance with this IndentureSection 4.04; provided, further, that no Additional Notes may be authenticated and delivered in an aggregate principal amount of less than $25.0 million per issuance; provided, however, that no Additional Notes may be issued at a price that would cause such Additional Notes to have “"original issue discount” " within the meaning of Section 1273 of the Code. The Initial Notes issued on the Closing DateInternal Revenue Code of 1986, any Additional Notes and all Exchange Notes issued in exchange for such Initial Notes or Additional Notes shall be treated as a single class for all purposes under this Indentureamended. With respect to any Additional Notes, the Company shall set forth in a resolution of its Board of Directors (or a duly appointed committee thereof) and in an Officers’ ' Certificate, a copy of each of which shall be delivered to the Trustee, or in a supplemental indenture, the following information:

Issuance of Additional Notes. If authorized by a Board Resolution, the The Company shall be entitled to issue Additional Notes under this Indenture which that shall have substantially identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, price and amount of interest payable on the first interest payment date applicable thereto or upon a registration default as provided under a registration rights agreement related thereto(and, if any (and if such Additional Notes shall be issued in the form of Unrestricted Transfer Restricted Notes, other than with respect to transfer restrictions, any registration rights agreement and additional interest with respect thereto); provided that such issuance shall be made in compliance with is not prohibited by the terms of this Indenture; provided, however, that no Additional Notes may be issued at a price that would cause such Additional Notes to have “original issue discount” within the meaning of including Section 1273 of the Code4.9 and Section 4.12. The Initial Notes issued on the Closing Date, and any Additional Notes and all Exchange Notes subsequently issued in exchange for such Initial Notes or Additional Notes shall under this Indenture will be treated as a single class for all purposes under this Indenture, including waivers, amendments, redemptions and offers to purchase. Unless the context requires otherwise, references to “Notes” for all purposes of this Indenture include any Additional Notes. Any Additional Notes shall be issued with the benefit of an indenture supplemental to this Indenture. With respect to any Additional Notes, the Company shall set forth in a Board Resolution and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, or in a supplemental indenture, the following information: