Common use of ABOVE IS CHECKED Clause in Contracts

ABOVE IS CHECKED. The undersigned represents and warrants that it is purchasing this Floating Rate Security for its own account or an account with respect to which it exercises sole investment discretion and that it and any such account is a "qualified institutional buyer" within the meaning of Rule 144A under the Securities Act of 1933, and is aware that the sale to it is being made in reliance on Rule 144A and acknowledges that it has received such information regarding the Company as the undersigned has requested pursuant to Rule 144A or has determined not to request such information and that it is aware that the transferor is relying upon the undersigned's foregoing representations in order to claim the exemption from registration provided by Rule 144A. Dated: ________________ _______________________________ NOTICE: To be executed by an executive officer TRANSFEREE CERTIFICATE(5) The undersigned represents and warrants to the transferor and the Company that:

ABOVE IS CHECKED. The undersigned represents and warrants that it is purchasing this Floating Rate Security Debenture for its own account or an account with respect to which it exercises sole investment discretion and that it and any such account is a "qualified institutional buyer" within the meaning of Rule 144A under the Securities Act of 1933, and is aware that the sale to it is being made in reliance on Rule 144A and acknowledges that it has received such information regarding the Company as the undersigned has requested pursuant to Rule 144A or has determined not to request such information and that it is aware that the transferor is relying upon the undersigned's foregoing representations in order to claim the exemption from registration provided by Rule 144A. Dated: ________________ ________:_______________________ NOTICE: To be executed by an executive officer TRANSFEREE CERTIFICATE(5) The undersigned represents and warrants to the transferor and the Company that:officer] _______________________

ABOVE IS CHECKED. The undersigned represents and warrants that it is purchasing this Floating Rate Security for its own account or an account with respect to which it exercises sole investment discretion and that it and any such account is a "qualified institutional buyer" within the meaning of Rule 144A under the Securities Act of 1933, as amended, and is aware that the sale to it is being made in reliance on Rule 144A and acknowledges that it has received such information regarding the Company as the undersigned has requested pursuant to Rule 144A or has determined not to request such information and that it is aware that the transferor is relying upon the undersigned's foregoing representations in order to claim the exemption from registration provided by Rule 144A. Dated: ________________ _______________________________ NOTICE: To be executed by an executive officer TRANSFEREE CERTIFICATE(5) The undersigned represents and warrants to the transferor and the Company that:officer, general partner, trustee or similar representative.

ABOVE IS CHECKED. The undersigned represents and warrants that it is purchasing this Floating Rate Security Note for its own account or an account with respect to which it exercises sole investment discretion and that it and any such account is a "qualified institutional buyer" within the meaning of Rule 144A under the Securities Act of 1933, as amended, and is aware that the sale to it is being made in reliance on Rule 144A and acknowledges that it has received such information regarding the Company Issuers as the undersigned has requested pursuant to Rule 144A or has determined not to request such information and that it is aware that the transferor is relying upon the undersigned's foregoing representations in order to claim the exemption from registration provided by Rule 144A. Dated: ________________ _______________________________ ------------------ ------------------------- NOTICE: To be executed by an executive officer TRANSFEREE CERTIFICATE(5officer](13) The undersigned represents and warrants to ------------- 13 Include only for an Initial Note or an Initial Additional Note, in accordance with the transferor and the Company that:Indenture.

ABOVE IS CHECKED. The undersigned represents and warrants that it is purchasing this Floating Rate Security Note for its own account or an account with respect to which it exercises sole investment discretion and that it and any such account is a "“qualified institutional buyer" ” within the meaning of Rule 144A under the Securities Act of 1933, and is aware that the sale to it is being made in reliance on Rule 144A and acknowledges that it has received such information regarding the Company Issuer and the Note Guarantors as the undersigned has requested pursuant to Rule 144A or has determined not to request such information and that it is aware that the transferor is relying upon the undersigned's ’s foregoing representations in order to claim the exemption from registration provided by Rule 144A. Dated: ________________ _______________________________ NOTICE: To be executed by an executive officer TRANSFEREE CERTIFICATE(5) The undersigned represents and warrants to the transferor and the Company that:officer

ABOVE IS CHECKED. The undersigned represents and warrants that it is purchasing this Floating Rate Security Note for its own account or an account with respect to which it exercises sole investment discretion and that it and any such account is a "qualified institutional buyer" within the meaning of Rule 144A under the Securities Act of 1933, as amended, and is aware that the sale to it is being made in reliance on Rule 144A and acknowledges that it has received such information regarding the Company as the undersigned has requested pursuant to Rule 144A or has determined not to request such information and that it is aware that the transferor is relying upon the undersigned's foregoing representations in order to claim the exemption from registration provided by Rule 144A. Dated: __________________________ ______________________________________ NOTICE: To be executed by an executive officer TRANSFEREE CERTIFICATE(5) The undersigned represents and warrants to the transferor and the Company that:officer

ABOVE IS CHECKED. The undersigned represents and warrants that it is purchasing this Floating Fixed Rate Security for its own account or an account with respect to which it exercises sole investment discretion and that it and any such account is a "qualified institutional buyer" within the meaning of Rule 144A under the Securities Act of 1933, and is aware that the sale to it is being made in reliance on Rule 144A and acknowledges that it has received such information regarding the Company as the undersigned has requested pursuant to Rule 144A or has determined not to request such information and that it is aware that the transferor is relying upon the undersigned's foregoing representations in order to claim the exemption from registration provided by Rule 144A. Dated: ________________ _______________________________ NOTICE: To be executed by an executive officer TRANSFEREE CERTIFICATE(5CERTIFICATE(2) The undersigned represents and warrants to the transferor and the Company that: