Common use of Form and Dating Terms Clause in Contracts

Form and Dating Terms. Provisions relating to the Initial Notes, Additional Notes, Exchange Notes and any other Notes issued under this Indenture are set forth in Appendix A, which is hereby incorporated in and expressly made a part of this Indenture. The 2021 Notes and the Trustee’s certificate of authentication shall each be substantially in the form of Exhibit A hereto, the 2023 Notes and the Trustee’s certificate of authentication shall each be substantially in the form of Exhibit B hereto and the 2044 Notes and the Trustee’s certificate of authentication shall each be substantially in the form of Exhibit C hereto, each of which is hereby incorporated in and expressly made a part of this Indenture, or in such other form as shall be established by or pursuant to the Board Resolution. The Notes may have notations, legends or endorsements required by law, rules or agreements with national securities exchanges to which the Company or the Subsidiary Guarantor is subject, if any, or usage; provided that any such notation, legend or endorsement shall be in a form acceptable to the Company. Each Note shall be dated the date of its authentication. The Notes of each series shall be issuable only in fully registered form, without coupons, and only in minimum denominations of $2,000 and integral multiples of $1,000 in excess thereof. The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. The terms and provisions contained in the Notes shall constitute, and are hereby expressly made, a part of this Indenture, and the Company, the Subsidiary Guarantor and the Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby. To the extent any provision of any Note conflicts with the express provisions of this Indenture, the provisions of this Indenture shall govern and be controlling. The Notes shall be subject to repurchase by the Company pursuant to a Change of Control Offer as provided in Section 4.11 and otherwise as not prohibited by this Indenture. The Notes shall not be redeemable, in whole or in part, other than as provided in ARTICLE 3. The Company may, without the consent of the then existing Holders of the Notes of a series, “re-open” the series and issue Additional Notes in an unlimited amount, which Additional Notes will have the same terms as the Initial Notes or the Exchange Notes, as the case may be, of the same series except for the issue price, issue date and, in certain circumstances, the first interest payment date and the first date from which interest will accrue; provided that, if any Additional Notes of a series are not fungible with the Initial Notes or the Exchange Notes, as the case may be, of the same series for United States federal income tax purposes, such Additional Notes will be issued as a separate series under this Indenture and will have a separate CUSIP number from the applicable series of the Initial Notes or the Exchange Notes, as the case may be.

Form and Dating Terms. (a) Provisions relating to the Initial Notes, Additional Notes, Exchange PIK Notes and any other Third Lien Exchangeable Notes issued under this Third Lien Exchangeable Notes Indenture are set forth in Appendix A, which is hereby incorporated in and expressly made a part of this Third Lien Exchangeable Notes Indenture. The 2021 Third Lien Exchangeable Notes and the Trustee’s certificate of authentication shall each be substantially in the form of Exhibit A hereto, the 2023 Notes and the Trustee’s certificate of authentication shall each be substantially in the form of Exhibit B hereto and the 2044 Notes and the Trustee’s certificate of authentication shall each be substantially in the form of Exhibit C hereto, each of which is hereby incorporated in and expressly made a part of this Third Lien Exchangeable Notes Indenture, or in such other form as shall be established by or pursuant to the Board Resolution. The Third Lien Exchangeable Notes may have notations, legends or endorsements required by law, rules or agreements with national securities exchanges to which the Company Company, the Co-Obligor or the Subsidiary any Guarantor is subject, if any, or usage; usage (provided that any such notation, legend or endorsement shall be is in a form acceptable to the Company). Each Third Lien Exchangeable Note shall be dated the date of its authentication. The Third Lien Exchangeable Notes of each series shall be issuable only in fully registered form, without coupons, and only in minimum denominations of $2,000 1.00 and integral multiples of $1,000 1.00 in excess thereof. The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. The terms and provisions contained in the Third Lien Exchangeable Notes shall constitute, and are hereby expressly made, a part of this Third Lien Exchangeable Notes Indenture, and the Company, the Subsidiary Guarantor Co-Obligor, the Guarantors, the Trustee and the TrusteeCollateral Agent, by their execution and delivery of this Third Lien Exchangeable Notes Indenture, expressly agree to such terms and provisions and to be bound thereby. To However, to the extent any provision of any Third Lien Exchangeable Note conflicts with the express provisions of this Third Lien Exchangeable Notes Indenture, the provisions of this Third Lien Exchangeable Notes Indenture shall govern and be controlling. The Third Lien Exchangeable Notes shall be subject to repurchase by the Company pursuant to an Asset Disposition Offer as provided in Section 4.16 or a Change of Control Offer as provided in Section 4.11 4.15, and otherwise as not prohibited by this Third Lien Exchangeable Notes Indenture. The Third Lien Exchangeable Notes shall not be redeemable, in whole or in part, other than as provided in ARTICLE 3in. The In connection with any PIK Payment, the Company mayis entitled, without the consent of the then existing Holders (and without regard to any restrictions or limitations set forth under Section 4.09 and Section 4.10), to increase the aggregate principal amount of an outstanding Global Note or to issue Global Notes or Definitive Notes under this Third Lien Exchangeable Notes Indenture having the same terms as the Third Lien Exchangeable Notes issued on the Issue Date, subject to the terms of Exhibit A, in the amount of the applicable PIK Payment (“PIK Notes”). PIK Notes of shall be consolidated with and form a series, “re-open” single class with the series Initial Notes and issue Additional Notes in an unlimited amount, which Additional Notes will shall have the same terms as the Initial Notes to status, redemption or the Exchange Notes, as the case may be, of the same series except for the otherwise (other than issue pricedate, issue date price and, in certain circumstancesif applicable, the first interest payment date and the first date from which interest will accrue; provided that, if any Additional Notes of a series are not fungible with ) as the Initial Notes or the Exchange Notes, as the case may be, of the same series for United States federal income tax purposes, such Additional Notes will be issued as a separate series under this Indenture and will have a separate CUSIP number from the applicable series of the Initial Notes or the Exchange Notes, as the case may be.

Form and Dating Terms. (a) Provisions relating to the Initial Notes, Additional Notes, Exchange PIK Notes and any other Second Lien Exchangeable Notes issued under this Second Lien Exchangeable Notes Indenture are set forth in Appendix A, which is hereby incorporated in and expressly made a part of this Second Lien Exchangeable Notes Indenture. The 2021 Second Lien Exchangeable Notes and the Trustee’s certificate of authentication shall each be substantially in the form of Exhibit A hereto, the 2023 Notes and the Trustee’s certificate of authentication shall each be substantially in the form of Exhibit B hereto and the 2044 Notes and the Trustee’s certificate of authentication shall each be substantially in the form of Exhibit C hereto, each of which is hereby incorporated in and expressly made a part of this Second Lien Exchangeable Notes Indenture, or in such other form as shall be established by or pursuant to the Board Resolution. The Second Lien Exchangeable Notes may have notations, legends or endorsements required by law, rules or agreements with national securities exchanges to which the Company Company, the Co-Obligor or the Subsidiary any Guarantor is subject, if any, or usage; usage (provided that any such notation, legend or endorsement shall be is in a form acceptable to the Company). Each Second Lien Exchangeable Note shall be dated the date of its authentication. The Second Lien Exchangeable Notes of each series shall be issuable only in fully registered form, without coupons, and only in minimum denominations of $2,000 1.00 and integral multiples of $1,000 1.00 in excess thereof. The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. The terms and provisions contained in the Second Lien Exchangeable Notes shall constitute, and are hereby expressly made, a part of this Second Lien Exchangeable Notes Indenture, and the Company, the Subsidiary Guarantor Co-Obligor, the Guarantors, the Trustee and the TrusteeCollateral Agent, by their execution and delivery of this Second Lien Exchangeable Notes Indenture, expressly agree to such terms and provisions and to be bound thereby. To However, to the extent any provision of any Second Lien Exchangeable Note conflicts with the express provisions of this Second Lien Exchangeable Notes Indenture, the provisions of this Second Lien Exchangeable Notes Indenture shall govern and be controlling. The Second Lien Exchangeable Notes shall be subject to repurchase by the Company pursuant to an Asset Disposition Offer as provided in Section 4.16 or a Change of Control Offer as provided in Section 4.11 4.15, and otherwise as not prohibited by this Second Lien Exchangeable Notes Indenture. The Second Lien Exchangeable Notes shall not be redeemable, in whole or in part, other than as provided in ARTICLE Article 3. The Additional Notes may be created and issued from time to time by the Company mayas permitted hereunder without notice to or consent of any Holders. In connection with any PIK Payment, the Company is entitled, without the consent of the then existing Holders (and without regard to any restrictions or limitations set forth under Section 4.09 and Section 4.10), to increase the aggregate principal amount of an outstanding Global Note or to issue Global Notes or Definitive Notes under this Second Lien Exchangeable Notes Indenture having the same terms as the Second Lien Exchangeable Notes issued on the Issue Date, subject to the terms of Exhibit A, in the amount of the Notes of a series, applicable PIK Payment (“re-open” the series and issue PIK Notes”). Additional Notes in an unlimited amount, which Additional and PIK Notes will shall be consolidated with and form a single class with the Initial Notes and shall have the same terms as to status, redemption or otherwise (other than issue date, issue price and, if applicable, the first interest payment date and the first date from which interest will accrue) as the Initial Notes. Subject to compliance with Section 4.09 and Section 4.10 herein, the Company may from time to time and without notice to or consent of any Holders, issue Additional Notes or the Exchange Notes, having identical terms and conditions as the case may beSecond Lien Exchangeable Notes other than the issue date, of the same series except for the issue price, issue date and, in certain circumstances, the first interest payment date and the first date from which interest will accrue; provided that, that if any Additional Notes of a series are not fungible with the Initial Second Lien Exchangeable Notes or the Exchange Notes, as the case may be, of the same series for United States U.S. federal income tax purposes, such Additional Notes will be issued as a separate series under this Indenture and will have a separate CUSIP number and ISIN from the applicable series Second Lien Exchangeable Notes. Any Additional Notes shall be issued with the benefit of a supplemental indenture to this Second Lien Exchangeable Notes Indenture and will be part of the Initial Notes or the Exchange Notes, same issue as the case may beSecond Lien Exchangeable Notes that the Company is currently offering and will vote on all matters as a single series with the Second Lien Exchangeable Notes.

Form and Dating Terms. Provisions relating to the Initial Notes, Additional Notes, Exchange Notes and any other Notes issued under this Indenture are set forth in Appendix A, which is hereby incorporated in and expressly made a part of this Indenture. The 2021 2026 Notes and the Trustee’s certificate of authentication shall each be substantially in the form of Exhibit A hereto, hereto and the 2023 2034 Notes and the Trustee’s certificate of authentication shall each be substantially in the form of Exhibit B hereto and the 2044 Notes and the Trustee’s certificate of authentication shall each be substantially in the form of Exhibit C hereto, each of which is hereby incorporated in and expressly made a part of this Indenture, or in such other form as shall be established by or pursuant to the Board Resolutionan Officer’s Certificate. The Notes may have notations, legends or endorsements required by law, rules or agreements with national securities exchanges to which the Company Issuers or the Subsidiary Guarantor is are subject, if any, or usage; provided that any such notation, legend or endorsement shall be in a form acceptable to the CompanyIssuers. Each Note shall be dated the date of its authentication. The Notes of each series shall be issuable only in fully registered form, without coupons, and only in minimum denominations of $2,000 and integral multiples of $1,000 in excess thereof. The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. The terms and provisions contained in the Notes shall constitute, and are hereby expressly made, a part of this Indenture, and the CompanyIssuers, the Subsidiary Guarantor and the Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby. To the extent any provision of any Note conflicts with the express provisions of this Indenture, the provisions of this Indenture shall govern and be controlling. The Notes shall be subject to repurchase by either or both of the Company Issuers pursuant to a Change of Control Offer as provided in Section 4.11 and otherwise as not prohibited by this Indenture. The Notes shall not be redeemable, in whole or in part, other than as provided in ARTICLE 3. The Company Issuers may, without the consent of the then existing Holders of the Notes of a series, “re-open” the series and issue Additional Notes in an unlimited aggregate principal amount, which Additional Notes will shall have the same terms as the Initial Notes or the Exchange Notes, as the case may be, of the same series except for the issue price, issue date and, in certain circumstances, the first interest payment date Interest Payment Date and the first date from which interest will accrue; provided that, if any Additional Notes of a series are not fungible for United States federal income tax purposes with the Initial Notes or the Exchange Notes, as the case may be, of the same series for United States federal income tax purposesseries, such Additional Notes will be issued as a separate series under this Indenture and will shall have a separate CUSIP number from the applicable series of the Initial Notes or the Exchange Notes, as the case may be, but shall otherwise be treated as a single class with all other Notes of such series under this Indenture.

Form and Dating Terms. Provisions relating to the Initial Notes, Additional Notes, Exchange Notes and any other Notes issued under this Indenture are set forth in Appendix A, which is hereby incorporated in and expressly made a part of this Indenture. The 2021 2030 Notes and the Trustee’s certificate of authentication shall each be substantially in the form of Exhibit A hereto, the 2023 2041 Notes and the Trustee’s certificate of authentication shall each be substantially in the form of Exhibit B hereto and the 2044 2050 Notes and the Trustee’s certificate of authentication shall each be substantially in the form of Exhibit C hereto, each of which is hereby incorporated in and expressly made a part of this Indenture, or in such other form as shall be established by or pursuant to the Board Resolution. The Notes may have notations, legends or endorsements required by law, rules or agreements with national securities exchanges to which the Company Issuers or the Subsidiary Guarantor is are subject, if any, or usage; provided that any such notation, legend or endorsement shall be in a form acceptable to the CompanyIssuers. Each Note shall be dated the date of its authentication. The Notes of each series shall be issuable only in fully registered form, without coupons, and only in minimum denominations of $2,000 and integral multiples of $1,000 in excess thereof. The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. The terms and provisions contained in the Notes shall constitute, and are hereby expressly made, a part of this Indenture, and the CompanyIssuers, the Subsidiary Guarantor and the Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby. To the extent any provision of any Note conflicts with the express provisions of this Indenture, the provisions of this Indenture shall govern and be controlling. The Notes shall be subject to repurchase by the Company Issuers pursuant to a Change of Control Offer as provided in Section 4.11 and otherwise as not prohibited by this Indenture. The Notes shall not be redeemable, in whole or in part, other than as provided in ARTICLE 3. The Company Issuers may, without the consent of the then existing Holders of the Notes of a series, “re-open” the series and issue Additional Notes in an unlimited amount, which Additional Notes will shall have the same terms as the Initial Notes or the Exchange Notes, as the case may be, of the same series except for the issue price, issue date and, in certain circumstances, the first interest payment date Interest Payment Date and the first date from which interest will accrue; provided that, if any Additional Notes of a series are not fungible with the Initial Notes or the Exchange Notes, as the case may be, of the same series for United States federal income tax purposestaxpurposes, such Additional Notes will be issued as a separate series under this Indenture and will shall have a separate CUSIP number from the applicable series of the Initial Notes or the Exchange Notes, as the case may be, but shall otherwise be treated as a single class with all other Notes of such series under this Indenture.

Form and Dating Terms. (a) Provisions relating to the Initial Existing Notes, Additional Notes, the Exchange Notes and any other Notes issued under this Indenture are set forth in Appendix A, which is hereby incorporated in and expressly made a part of this Indenture. The 2021 Notes and the Trustee’s certificate of authentication shall each be substantially in the form of Exhibit A hereto, the 2023 Notes and the Trustee’s certificate of authentication shall each be substantially in the form of Exhibit B hereto and the 2044 Notes and the Trustee’s certificate of authentication shall each be substantially in the form of Exhibit C hereto, each of which is hereby incorporated in and expressly made a part of this Indenture, or in such other form as shall be established by or pursuant to the Board Resolution. The Notes may have notations, legends or endorsements required by law, rules or agreements with national securities exchanges to which the Company Issuer or the Subsidiary any Guarantor is subject, if any, or usage; usage (provided that any such notation, legend or endorsement shall be is in a form acceptable to the CompanyIssuer). Each Note shall be dated the date of its authentication. The Notes of each series shall be issuable only in fully registered form, without coupons, and only in minimum denominations of $€2,000 and integral multiples of $€1,000 in excess thereof. The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. The terms and provisions contained in the Notes shall constitute, and are hereby expressly made, a part of this Indenture, and the Issuer, the Company, the Subsidiary Guarantor Guarantors, the Trustee and the TrusteeNotes Collateral Agent, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby. To However, to the extent any provision of any Note conflicts with the express provisions of this Indenture, the provisions of this Indenture shall govern and be controlling. The Notes shall be subject to repurchase by the Company Issuer pursuant to an Asset Disposition Offer as provided in Section 4.16 or a Change of Control Offer as provided in Section 4.11 4.15, and otherwise as not prohibited by this Indenture. The Notes shall not be redeemable, in whole or in part, other than as provided in ARTICLE 3. #96405991v19 The Company may, without the consent of the then existing Holders of the Exchange Notes of a series, “re-open” the series and issue constitute Additional Notes. No Additional Notes in an unlimited amount, which Additional Notes will have the same terms as the Initial Notes or other than the Exchange Notes, as Notes issued on the case may be, of the same series except for the issue price, issue date and, in certain circumstances, the first interest payment date and the first date from which interest will accrue; provided that, if any Additional Notes of a series are not fungible with the Initial Notes or the Exchange Notes, as the case may be, of the same series for United States federal income tax purposes, such Additional Notes will Issue Date shall be issued as a separate series under this Indenture and will have a separate CUSIP number from the applicable series of the Initial Notes or the Exchange Notes, as the case may beIndenture.

Form and Dating Terms. Provisions relating to the Initial Notes, Additional Notes, Exchange Notes and any other Notes issued under this Indenture are set forth in Appendix A, which is hereby incorporated in and expressly made a part of this Indenture. The 2021 2030 Notes and the Trustee’s certificate of authentication shall each be substantially in the form of Exhibit A hereto, the 2023 2041 Notes and the Trustee’s certificate of authentication shall each be substantially in the form of Exhibit B hereto and the 2044 2050 Notes and the Trustee’s certificate of authentication shall each be substantially in the form of Exhibit C hereto, each of which is hereby incorporated in and expressly made a part of this Indenture, or in such other form as shall be established by or pursuant to the Board Resolution. The Notes may have notations, legends or endorsements required by law, rules or agreements with national securities exchanges to which the Company Issuers or the Subsidiary Guarantor is are subject, if any, or usage; provided that any such notation, legend or endorsement shall be in a form acceptable to the CompanyIssuers. Each Note shall be dated the date of its authentication. The Notes of each series shall be issuable only in fully registered form, without coupons, and only in minimum denominations of $2,000 and integral multiples of $1,000 in excess thereof. The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. The terms and provisions contained in the Notes shall constitute, and are hereby expressly made, a part of this Indenture, and the CompanyIssuers, the Subsidiary Guarantor and the Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby. To the extent any provision of any Note conflicts with the express provisions of this Indenture, the provisions of this Indenture shall govern and be controlling. The Notes shall be subject to repurchase by the Company Issuers pursuant to a Change of Control Offer as provided in Section 4.11 and otherwise as not prohibited by this Indenture. The Notes shall not be redeemable, in whole or in part, other than as provided in ARTICLE 3. The Company Issuers may, without the consent of the then existing Holders of the Notes of a series, “re-open” the series and issue Additional Notes in an unlimited amount, which Additional Notes will shall have the same terms as the Initial Notes or the Exchange Notes, as the case may be, of the same series except for the issue price, issue date and, in certain circumstances, the first interest payment date Interest Payment Date and the first date from which interest will accrue; provided that, if any Additional Notes of a series are not fungible with the Initial Notes or the Exchange Notes, as the case may be, of the same series for United States federal income tax purposes, such Additional Notes will be issued as a separate series under this Indenture and will shall have a separate CUSIP number from the applicable series of the Initial Notes or the Exchange Notes, as the case may be, but shall otherwise be treated as a single class with all other Notes of such series under this Indenture.

Form and Dating Terms. (a) Provisions relating to the Initial Notes, Additional Notes, Exchange Notes and any other Notes issued under this Indenture are set forth in Appendix A, which is hereby incorporated in and expressly made a part of this Indenture. The 2021 Notes and the Trustee’s certificate of authentication shall each be substantially in the form of Exhibit A hereto, the 2023 Notes and the Trustee’s certificate of authentication shall each be substantially in the form of Exhibit B hereto and the 2044 Notes and the Trustee’s certificate of authentication shall each be substantially in the form of Exhibit C hereto, each of which is hereby incorporated in and expressly made a part of this Indenture, or in such other form as shall be established by or pursuant to the Board Resolution. The Notes may have notations, legends or endorsements required by law, rules or agreements with national securities exchanges to which the Company Company, the Co-Obligor or the Subsidiary any Guarantor is subject, if any, or usage; usage (provided that any such notation, legend or endorsement shall be is in a form acceptable to the Company). Each Note shall be dated the date of its authentication. The Notes of each series shall be issuable only in fully registered form, without coupons, and only in minimum denominations of $2,000 and integral multiples of $1,000 in excess thereof. (b) The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. The terms and provisions contained in the Notes shall constitute, and are hereby expressly made, a part of this Indenture, and the Company, the Subsidiary Guarantor Co-Obligor, the Guarantors and the Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby. To However, to the extent any provision of any Note conflicts with the express provisions of this Indenture, the provisions of this Indenture shall govern and be controlling. The Notes shall be subject to repurchase by the Company pursuant to an Asset Disposition Offer as provided in Section 4.16 or a Change of Control Offer as provided in Section 4.11 4.15, and otherwise as not prohibited by this Indenture. The Notes shall not be redeemable, in whole or in part, other than as provided in ARTICLE Article 3. The Additional Notes ranking pari passu with the Initial Notes may be created and issued from time to time by the Company may, without the notice to or consent of the then existing Holders of and shall be consolidated with and form a single class with the Initial Notes of a series, “re-open” the series and issue Additional Notes in an unlimited amount, which Additional Notes will shall have the same terms as the Initial Notes to status, redemption or the Exchange Notes, as the case may be, of the same series except for the otherwise (other than issue pricedate, issue date price and, in certain circumstancesif applicable, the first interest payment date and the first date from which interest will accrue) as the Initial Notes; provided that, if any Additional Notes of a series are not fungible with the Initial Notes or the Exchange Notes, as the case may be, of the same series for United States U.S. federal income tax purposes, such Additional Notes will be issued as a separate series under this Indenture and will have a separate CUSIP number and ISIN from the applicable series of Initial Notes; provided, further, that the Initial Company’s ability to issue Additional Notes or the Exchange Notes, as the case may be.shall be subject to

Form and Dating Terms. Provisions relating to the Initial Notes, Additional Notes, Exchange Notes and any other Notes issued under this Indenture are set forth in Appendix A, which is hereby incorporated in and expressly made a part of this Indenture. The 2021 Notes and the Trustee’s certificate of authentication shall each be substantially in the form of Exhibit A hereto, the 2023 Notes and the Trustee’s certificate of authentication shall each be substantially in the form of Exhibit B hereto and the 2044 Notes and the Trustee’s certificate of authentication shall each be substantially in the form of Exhibit C hereto, each of which is hereby incorporated in and expressly made a part of this Indenture, or in such other form as shall be established by or pursuant to the Board Resolution. The Notes may have notations, legends or endorsements required by law, rules or agreements with national securities exchanges to which the Company Company, the Co-Obligor or the Subsidiary any Guarantor is subject, if any, or usage; usage (provided that any such notation, legend or endorsement shall be is in a form acceptable to the Company). Each Note shall be dated the date of its authentication. The Notes of each series shall be issuable only in fully registered form, without coupons, and only in minimum denominations of $2,000 and integral multiples of $1,000 in excess thereof. The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. The terms and provisions contained in the Notes shall constitute, and are hereby expressly made, a part of this Indenture, and the Company, the Subsidiary Guarantor Co-Obligor, the Guarantors and the Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby. To However, to the extent any provision of any Note conflicts with the express provisions of this Indenture, the provisions of this Indenture shall govern and be controlling. The Notes shall be subject to repurchase by the Company pursuant to an Asset Disposition Offer as provided in Section 4.16 or a Change of Control Offer as provided in Section 4.11 4.15, and otherwise as not prohibited by this Indenture. The Notes shall not be redeemable, in whole or in part, other than as provided in ARTICLE Article 3. The Additional Notes ranking pari passu with the Initial Notes may be created and issued from time to time by the Company may, without the notice to or consent of the then existing Holders of and shall be consolidated with and form a single class with the Initial Notes of a series, “re-open” the series and issue Additional Notes in an unlimited amount, which Additional Notes will shall have the same terms as the Initial Notes to status, redemption or the Exchange Notes, as the case may be, of the same series except for the otherwise (other than issue pricedate, issue date price and, in certain circumstancesif applicable, the first interest payment date and the first date from which interest will accrue) as the Initial Notes; provided that, if any Additional Notes of a series are not fungible with the Initial Notes or the Exchange Notes, as the case may be, of the same series for United States U.S. federal income tax purposes, such Additional Notes will be issued as a separate series under this Indenture and will have a separate CUSIP number and ISIN from the applicable series Initial Notes; provided, further, that the Company’s ability to issue Additional Notes shall be subject to the Company’s compliance with Section 4.09. Any Additional Notes shall be issued with the benefit of the Initial Notes or the Exchange Notes, as the case may bean indenture supplemental to this Indenture.

Form and Dating Terms. (a) Provisions relating to the Initial Existing Notes, Additional Notes, the Exchange Notes and any other Notes issued under this Indenture are set forth in Appendix A, which is hereby incorporated in and expressly made a part of this Indenture. The 2021 Notes and the Trustee’s certificate of authentication shall each be substantially in the form of Exhibit A hereto, the 2023 Notes and the Trustee’s certificate of authentication shall each be substantially in the form of Exhibit B hereto and the 2044 Notes and the Trustee’s certificate of authentication shall each be substantially in the form of Exhibit C hereto, each of which is hereby incorporated in and expressly made a part of this Indenture, or in such other form as shall be established by or pursuant to the Board Resolution. The Notes may have notations, legends or endorsements required by law, rules or agreements with national securities exchanges to which the Company or the Subsidiary any Guarantor is subject, if any, or usage; usage (provided that any such notation, legend or endorsement shall be is in a form acceptable to the Company). Each Note shall be dated the date of its authentication. The Notes of each series shall be issuable only in fully registered form, without coupons, and only in minimum denominations of $2,000 and integral multiples of $1,000 in excess thereof. The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. The terms and provisions contained in the Notes shall constitute, and are hereby expressly made, a part of this Indenture, and the Company, the Subsidiary Guarantor Guarantors, the Trustee and the TrusteeNotes Collateral Agent, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby. To However, to the extent any provision of any Note conflicts with the express provisions of this Indenture, the provisions of this Indenture shall govern and be controlling. The Notes shall be subject to repurchase by the Company pursuant to an Asset Disposition Offer as provided in Section 4.16 or a Change of Control Offer as provided in Section 4.11 4.15, and otherwise as not prohibited by this Indenture. The Notes shall not be redeemable, in whole or in part, other than as provided in ARTICLE 3. The Company may, without the consent of the then existing Holders of the Exchange Notes of a series, “re-open” the series and issue constitute Additional Notes. No Additional Notes in an unlimited amount, which Additional Notes will have the same terms as the Initial Notes or other than the Exchange Notes, as Notes issued on the case may be, of the same series except for the issue price, issue date and, in certain circumstances, the first interest payment date and the first date from which interest will accrue; provided that, if any Additional Notes of a series are not fungible with the Initial Notes or the Exchange Notes, as the case may be, of the same series for United States federal income tax purposes, such Additional Notes will Issue Date shall be issued as a separate series under this Indenture and will have a separate CUSIP number from the applicable series of the Initial Notes or the Exchange Notes, as the case may beIndenture.