Common use of Amount Unlimited; Issuable in Series Clause in Contracts

Amount Unlimited; Issuable in Series. The aggregate principal amount of Securities which may be authenticated and delivered under this Indenture is unlimited. The Securities may be issued from time to time in one or more series. Prior to the issuance of Securities of any series, there shall be established in or pursuant to a Board Resolution and, subject to Section 3.03, set forth, or determined in the manner provided, in an Officers’ Certificate, or established in one or more indentures supplemental hereto, prior to the issuance of Securities of any series, (1) the title of the Securities of the series (which shall distinguish the Securities of the series from Securities of any other series); (2) whether the Securities of the series will or will not have the benefit of the Subsidiary Guarantees of the Subsidiary Guarantors; (3) the purchase price, denomination and any limit upon the aggregate principal amount of the Securities of the series which may be authenticated and delivered under this Indenture (except for Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities of the series pursuant to Section 3.04, 3.05, 3.06, 9.06 or 11.07 and except for any Securities which, pursuant to Section 3.03, are deemed never to have been authenticated and delivered hereunder); (4) the Person to whom any interest on a Security of the series shall be payable, if other than the Person in whose name that Security (or one or more Predecessor Securities) is registered at the close of business on the Regular Record Date for such interest; (5) the date or dates on which the principal of any Securities of the series is payable; (6) the rate or rates at which any Securities of the series shall bear interest, if any, or the method of calculating such rate or rates of interest, the method of payment of interest (in particular, whether the interest will be paid in kind or otherwise), the date or dates from which any such interest shall accrue or the method by which such date or dates shall be determined, the Interest Payment Dates on which any such interest shall be payable and the Regular Record Date for any such interest payable on any Interest Payment Date; (7) the place or places where the principal of and any premium and interest on any Securities of the series shall be payable; (8) the place or places where the Securities may be exchanged or transferred and notices and demands to or upon the Company in respect of the Securities and this Indenture may be served; (9) the period or periods within which, the price or prices at which and the terms and conditions upon which any Securities of the series may be redeemed, in whole or in part, at the option of the Company and, if other than as provided in Section 11.03, the manner in which the particular Securities of such series (if less than all Securities of such series are to be redeemed) are to be selected for redemption; (10) the obligation, if any, of the Company to redeem or purchase any Securities of the series in whole or in part pursuant to any sinking fund or analogous provisions or upon the happening of a specified event, passage of time, or at the option of the Holder thereof and the period or periods within which, the price or prices at which and the terms and conditions upon which any Securities of the series shall be redeemed or purchased, in whole or in part, pursuant to such obligation; (11) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which any Securities of the series shall be issuable; (12) if the amount of payments of principal of or any premium or interest on any Securities of the series may be determined with reference to an index or pursuant to a formula or other method, the manner in which such amounts shall be determined; (13) if other than the currency of the United States of America, the currency, currencies or currency units in which the principal of or any premium or interest on any Securities of the series shall be payable and the manner of determining the equivalent thereof in the currency of the United States of America for any purpose, including for purposes of the definition of “Outstanding” in Section 1.01; (14) if the principal of or any premium or interest on any Securities of the series is to be payable, at the election of the Company or the Holder thereof, in one or more currencies or currency units other than that or those in which such Securities are stated to be payable, the currency, currencies or currency units in which the principal of or any premium or interest on such Securities as to which such election is made shall be payable, the periods within which and the terms and conditions upon which such election is to be made and the amount so payable (or the manner in which such amount shall be determined); (15) if other than the entire principal amount thereof, the portion of the principal amount of any Securities of the series which shall be payable upon declaration of acceleration of the Maturity thereof pursuant to Section 5.02 or the method by which such portion shall be determined; (16) any modifications of or additions to the Events of Default or the covenants of the Company set forth herein with respect to Securities of the series; and whether and the conditions under which the Holders of the Securities of the series may waive any such Event of Default or compliance with any such covenant relating to the Securities of such series; (17) if the principal amount payable at the Stated Maturity of any Securities of the series will not be determinable as of any one or more dates prior to the Stated Maturity, the amount which shall be deemed to be the principal amount of such Securities as of any such date for any purpose thereunder or hereunder, including the principal amount thereof which shall be due and payable upon any Maturity other than the Stated Maturity or which shall be deemed to be Outstanding as of any date prior to the Stated Maturity (or, in any such case, the manner in which such amount deemed to be the principal amount shall be determined); (18) if applicable, that the Securities of the series, in whole or any specified part, shall be defeasible pursuant to Section 15.02 or Section 15.03 or both such Sections and, if other than by a Board Resolution, the manner in which any election by the Company to defease such Securities shall be evidenced; (19) if applicable, that any Securities of the series shall be issuable in whole or in part in the form of one or more Global Securities and, in such case, the respective Depositaries for such Global Securities, the form of any legend or legends which shall be borne by any such Global Security in addition to or in lieu of that set forth in Section 2.05 and any circumstances in addition to or in lieu of those set forth in clause (2) of the last paragraph of Section 3.05 in which any such Global Security may be exchanged in whole or in part for Securities registered, and any transfer of such Global Security in whole or in part may be registered, in the name or names of Persons other than the Depositary for such Global Security or a nominee thereof; (20) any addition to or change in the Events of Default which applies to any Securities of the series and any change in the right of the Trustee or the requisite Holders of such Securities to declare the principal amount thereof due and payable pursuant to Section 502; (21) any addition to or change in the covenants set forth in Article Ten which applies to Securities of the series; (22) whether the Securities of the series will be convertible into Common Stock (or cash in lieu thereof) and, if so, the terms and conditions upon which such conversion will be effected; (23) whether the Securities of the series will be secured, and if so, in what manner; (24) any other terms of the series (which terms shall not be inconsistent with the provisions of this Indenture, except as permitted by Section 9.01(5)); (25) any agents for the series, including trustees, depositories, authenticating, conversion, calculation or paying agents, transfer agents or registrars; and (26) any other terms of the series, including any terms which may be required by or advisable under the laws of the United States of America or regulations thereunder or advisable (as determined by the Company) in connection with the marketing of Securities of the series. All Securities of any one series shall be substantially identical except as to denomination and except as may otherwise be provided in or pursuant to the Board Resolution referred to above and (subject to Section 3.03) set forth, or determined in the manner provided, in the Officers’ Certificate referred to above or in any such indenture supplemental hereto. All Securities of any one series need not be issued at the same time and, unless otherwise provided, a series may be reopened, without the consent of the Holders, for issuances of additional Securities of such series. If any of the terms of the Securities of any series are established by action taken pursuant to a Board Resolution, a copy of an appropriate record of such action shall be certified by the Secretary or an Assistant Secretary of the Company and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate setting forth the terms of the series. The Securities of each series shall have the benefit of the Subsidiary Guarantees unless the Company elects otherwise upon the establishment of a series pursuant to this Section 3.01.

Amount Unlimited; Issuable in Series. (a) The aggregate principal amount of Securities which may be authenticated authenticated, delivered and delivered outstanding under this Indenture is unlimited. The Securities may be issued from time to time in one or more series. Prior . (b) The following matters shall be established, without the approval of any Holders, with respect to the issuance each series of Securities of any series, there shall be established in or pursuant to a Board Resolution and, subject to Section 3.03, set forth, or determined in the manner provided, in an Officers’ Certificate, or established issued hereunder in one or more indentures supplemental hereto, prior to the issuance of Securities of any series,: (1) the title of the Securities of the series (which title shall distinguish the Securities of the series from Securities all other series of any other seriesSecurities); (2) whether the Securities of the series will or will not have the benefit of the Subsidiary Guarantees of the Subsidiary Guarantors; (3) the purchase price, denomination and any limit upon the aggregate principal amount of the Securities of the series which may be authenticated authenticated, delivered and delivered outstanding under this Indenture (except for which limit shall not pertain to Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities of the series pursuant to Section 3.043.4, 3.053.5, 3.063.6, 9.06 8.6, or 11.07 10.7 and except for any Securities which, pursuant to Section 3.033.3, are deemed never to have been authenticated and delivered hereunder); (4) the Person to whom any interest on a Security of the series shall be payable, if other than the Person in whose name that Security (or one or more Predecessor Securities) is registered at the close of business on the Regular Record Date for such interest; (53) the date or dates on which the principal of any and premium, if any, on the Securities of the series is payablepayable or the method of determination and/or extension of such date or dates; and the amount or amounts of such principal and premium, if any, payments or the method of determination thereof; (64) the rate or rates (which may be fixed or variable) at which any the Securities of the series shall bear interest, if any, or the method of calculating and/or resetting such rate or rates of interest, the method of payment of interest (in particular, whether the interest will be paid in kind or otherwise), the date or dates from which any such interest shall accrue or the method by which such date or dates shall be determined, the Interest Payment Dates on which any such interest shall be payable or the method by which such dates will be determined, the terms of any deferral of interest and the additional interest, if any, thereon and, with respect to Registered Securities, the Regular Record Date Date, if any, for any such the interest payable on any Registered Security on any Interest Payment Date, the right, if any, of the Company to extend the Interest Payment Dates and the Regular Record Date, if any, and the duration of the extensions and the basis upon which interest shall be calculated if other than upon a 360-day year of twelve 30-day months; (75) the place or places where the principal of of, premium, if any, and any premium and interest interest, if any, on any Securities of the series shall be payable; (8) the place or places where the Securities may be exchanged or transferred and notices and demands to or upon the Company in respect of the Securities and this Indenture may be served; (96) the period or periods within which, the price or prices at which which, the currency or currencies (including currency units) in which, and the other terms and conditions upon which any which, Securities of the series may be redeemed, in whole or in part, at the option of the Company or otherwise, and, if other than as provided in Section 11.0310.3, the manner in which the particular Securities of such series (if less than all Securities of such series are to be redeemed) are to be selected for redemption; (107) the obligation, if any, of the Company to redeem or purchase any Securities of the series in whole or in part pursuant to any sinking fund or analogous provisions or upon the happening of a specified event, passage of time, event or at the option of the a Holder thereof and the period or periods within which, the price or prices at which which, and the other terms and conditions upon which any which, Securities of the series shall be redeemed or purchased, in whole or in part, pursuant to such obligationobligation and provisions for the remarketing of such series; (11) 8) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which any Securities of the series shall be issuable; (9) if other than Dollars, the currency or currencies (including currency unit or units) in which the principal of, premium, if any, and interest, if any, or other payments, if any, on the Securities of the series shall be payable, or in which the Securities of the series shall be denominated, and the particular provisions applicable thereto in accordance with, in addition to, or in lieu of the provisions of Section 3.11; (10) the terms, if any, upon which Securities of the series may be convertible into or exchanged for other Securities, Common Stock, Preferred Stock, other debt securities, warrants to purchase any of the foregoing, or other securities of any kind of the Company or any other obligor and the terms and conditions upon which the conversion or exchange shall be effected, including the initial conversion or exchange price or rate, the conversion or exchange period, and any other additional provisions; (11) if the payments of principal of, premium, if any, or interest, if any, or other payments, if any, on the Securities of the series are to be made, at the election of the Company or a Holder, in a currency or currencies (including currency unit or units) other than that in which such Securities are denominated or designated to be payable, the currency or currencies (including currency unit or units) in which such payments are to be made, the terms and conditions of such payments and the manner in which the exchange rate with respect to such payments shall be determined, and the particular provisions applicable thereto in accordance with, in addition to, or in lieu of the provisions of Section 3.11; (12) if the amount of payments of principal of of, premium, if any, and interest, if any, or any premium or interest other payments, if any, on any the Securities of the series may shall be determined with reference to an index or pursuant to a index, formula or other methodmethod (which index, formula or method may be based, without limitation, on the price of one or more commodities, derivatives or securities; one or more securities, derivatives or commodities exchange indices or other indices; a currency or currencies (including currency unit or units) other than that in which the Securities of the series are denominated or designated to be payable; or any other variable or the relationship between any variables or combination of variables), the manner in index, formula or other method by which such amounts shall be determined; (13) if other than the currency of the United States of America, the currency, currencies or currency units in which the principal of or any premium or interest on any Securities of the series shall be payable and the manner of determining the equivalent thereof in the currency of the United States of America for any purpose, including for purposes of the definition of “Outstanding” in Section 1.01; (14) if the principal of or any premium or interest on any Securities of the series is to be payable, at the election of the Company or the Holder thereof, in one or more currencies or currency units other than that or those in which such Securities are stated to be payable, the currency, currencies or currency units in which the principal of or any premium or interest on such Securities as to which such election is made shall be payable, the periods within which and the terms and conditions upon which such election is to be made and the amount so payable (or the manner in which such amount shall be determined); (15) if other than the entire principal amount thereof, the portion of the principal amount of any such Securities of the series or other amount which shall be payable upon declaration of acceleration of the Maturity thereof pursuant to Section 5.02 5.2 or provable in bankruptcy or the method by which such portion or amount shall be determined; (1614) if other than as provided in Section 3.7, the Person to whom any modifications of or additions to the Events of Default or the covenants of the Company set forth herein with respect to Securities of the series; and whether and the conditions under which the Holders of the Securities interest on any Registered Security of the series may waive any such Event of Default or compliance with any such covenant relating to the Securities of such seriesshall be payable; (1715) if the principal amount payable at the Stated Maturity of any Securities of the series will not be determinable as of any one or more dates prior to the Stated Maturity, the amount which shall be deemed to be the principal amount of such Securities as of any such date for any purpose thereunder hereunder or hereunderthereunder, including the principal amount thereof which shall be due and payable upon any Maturity or, if other than as provided in the Stated Maturity or definition of the term “Outstanding”, which shall be deemed to be Outstanding as of any date prior to the Stated Maturity (or, in any such case, the manner in which such amount deemed to be the principal amount shall be determined)) and, if necessary, the manner of determining the equivalent thereof in U.S. currency; (16) provisions, if any, granting special rights to the Holders of Securities of the series upon the occurrence of such events as may be specified; (17) the applicability of or any deletions from, modifications of or additions to the Events of Default set forth in Section 5.1 or covenants of the Company set forth in Article IX pertaining to the Securities of the series; (18) under what circumstances, if applicableany, that the Company will pay additional amounts on the Securities of the series, that series held by a Person who is not a U.S. Person in whole respect of taxes or any specified part, shall be defeasible pursuant to Section 15.02 similar charges withheld or Section 15.03 or both such Sections deducted and, if other than by a Board Resolutionso, the manner in which any election by whether the Company will have the option to defease redeem such Securities shall be evidencedrather than pay such additional amounts (and the terms of any such option); (19) if applicable, that the date as of which any temporary global Security representing Outstanding Securities of the series shall be issuable dated if other than the date of original issuance of the first Security of the series to be issued; (20) the forms of the Securities of the series; (21) any changes or additions to the provisions provided in Article IV of this Indenture pertaining to defeasance, including without limitation, the exclusion of Section 4.4 or 4.5, or both, with respect to the Securities of or within the series; or the applicability, if any, to the Securities of or within the series of such means of defeasance or covenant defeasance other than those provided in Sections 4.4 and 4.5 as may be specified for the Securities of such series, and whether, for the purpose of any defeasance or covenant defeasance pursuant to Section 4.4 or 4.5 or otherwise, the term “Government Obligations” shall include obligations referred to in the definition of such term which are not obligations of the United States or an agency or instrumentality of the United States; (22) if other than the Trustee, the identity of the Registrar and any Paying Agent; (23) any terms which may be related to warrants, options or other rights to purchase and sell securities issued by the Company in connection with, or for the purchase of, Securities of such series, including whether and under what circumstances the Securities of any series may be used toward the exercise price of any such warrants, options or other rights; (24) the designation of the initial Exchange Rate Agent, if any; (25) whether any of the Securities of the series shall be issued in whole or in part in global form, and if so (i) the form of one or more Global Securities and, in such case, the respective Depositaries Depository for such Global global Securities, (ii) the form of any legend or legends which shall be borne by any such Global Security in addition to or in lieu of that set forth in Section 2.05 and any circumstances 2.4 which shall be borne by such global Securities, (iii) whether beneficial owners of interests in addition to or in lieu of those set forth in clause (2) of the last paragraph of Section 3.05 in which any such Global Security may be exchanged in whole or in part for Securities registered, and any transfer of such Global Security in whole or in part may be registered, in the name or names of Persons other than the Depositary for such Global Security or a nominee thereof; (20) any addition to or change in the Events of Default which applies to any Securities of the series and any change in the right of the Trustee or the requisite Holders global form may exchange such interests for certificated Securities of such Securities to declare series and of like tenor of any authorized form and denomination, and (iv) if other than as provided in Section 3.5, the principal amount thereof due and payable pursuant to Section 502circumstances under which any such exchange may occur; (2126) any addition to the priority, ranking or change in subordination, if any, of the covenants set forth in Article Ten which applies to Securities of the series; (2227) whether if the Securities of the series will be convertible into Common Stock (or cash in lieu thereof) andgoverned by, if so, and the terms and conditions upon extent to which such conversion Securities will be effectedgoverned by, any law other than the laws of the state of New York; (2328) whether the terms, if any, of any guarantee of the payment of principal, premium and interest with respect to Securities of the series and any corresponding changes to the provisions of this Indenture as then in effect; (29) the terms, if any, of the transfer, mortgage, pledge or assignment as security for the Securities of the series will be securedof any properties, assets, moneys, proceeds, securities or other collateral, including whether certain provisions in the Trust Indenture Act are applicable and if so, in what manner; (24) any other terms of the series (which terms shall not be inconsistent with the corresponding changes to provisions of this Indenture, except Indenture as permitted by Section 9.01(5)); (25) any agents for the series, including trustees, depositories, authenticating, conversion, calculation or paying agents, transfer agents or registrarsthen in effect; and (2630) any other terms of the series, including any terms which may be required by or advisable under the laws of the United States of America laws or regulations thereunder or advisable (as determined by the Company) in connection with the marketing of Securities of the series. All . (c) The terms applicable to the Securities of any one series shall need not be substantially identical except as to denomination and except but may vary as may otherwise be provided in or pursuant to the Board Resolution referred to above and (subject to Section 3.03) set forth, or determined in the manner provided, in the Officers’ Certificate referred to above or in any such an indenture supplemental hereto. All Securities of any one series need not be issued at the same time and, unless otherwise provided, a series may be reopened, without the consent of the Holders, for issuances of additional Securities of such series. If any of . (d) Except as may be otherwise expressly provided in the terms of applicable supplemental indenture, as contemplated by this Section 3.1, the Securities of any series are established by action taken pursuant to a Board Resolution, a copy of an appropriate record of such action shall be certified by rank PARI PASSU with the Secretary or an Assistant Secretary of the Company and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate setting forth the terms of the series. The Securities of each series shall have the benefit of the Subsidiary Guarantees unless the Company elects otherwise upon the establishment of a series pursuant to this Section 3.01other Series.

Amount Unlimited; Issuable in Series. The aggregate principal amount of Securities which may be authenticated and delivered under this Indenture is unlimited. The Securities may be issued from time to time in one or more series. Prior to the issuance of Securities of any series, there shall be established in or pursuant to a Board Resolution and, subject to Section 3.03, set forth, or determined in the manner provided, in an Officers’ Certificate, or established in one or more indentures supplemental hereto, prior to the issuance of Securities of any series, (1) the title of the Securities of the series (which shall distinguish the Securities of the series from Securities of any other series); (2) whether the Securities of the series will or will not have the benefit of the Subsidiary Guarantees of the Subsidiary Guarantors; (3) the purchase price, denomination and any limit upon the aggregate principal amount of the Securities of the series which may be authenticated and delivered under this Indenture (except for Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities of the series pursuant to Section 3.04, 3.05, 3.06, 9.06 or 11.07 and except for any Securities which, pursuant to Section 3.03, are deemed never to have been authenticated and delivered hereunder); (4) the Person to whom any interest on a Security of the series shall be payable, if other than the Person in whose name that Security (or one or more Predecessor Securities) is registered at the close of business on the Regular Record Date for such interest; (5) the date or dates on which the principal of any Securities of the series is payable; (6) the rate or rates at which any Securities of the series shall bear interest, if any, or the method of calculating such rate or rates of interest, the method of payment of interest (in particular, whether the interest will be paid in kind or otherwise), the date or dates from which any such interest shall accrue or the method by which such date or dates shall be determined, the Interest Payment Dates on which any such interest shall be payable and the Regular Record Date for any such interest payable on any Interest Payment Date; (7) the place or places where the principal of and any premium and interest on any Securities of the series shall be payable; (8) the place or places where the Securities may be exchanged or transferred and notices and demands to or upon the Company in respect of the Securities and this Indenture may be served; (9) the period or periods within which, the price or prices at which and the terms and conditions upon which any Securities of the series may be redeemed, in whole or in part, at the option of the Company and, if other than as provided in Section 11.03, the manner in which the particular Securities of such series (if less than all Securities of such series are to be redeemed) are to be selected for redemption; (10) the obligation, if any, of the Company to redeem or purchase any Securities of the series in whole or in part pursuant to any sinking fund or analogous provisions or upon the happening of a specified event, passage of time, or at the option of the Holder thereof and the period or periods within which, the price or prices at which and the terms and conditions upon which any Securities of the series shall be redeemed or purchased, in whole or in part, pursuant to such obligation; (11) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which any Securities of the series shall be issuable; (12) if the amount of payments of principal of or any premium or interest on any Securities of the series may be determined with reference to an index or pursuant to a formula or other method, the manner in which such amounts shall be determined; (13) if other than the currency of the United States of America, the currency, currencies or currency units in which the principal of or any premium or interest on any Securities of the series shall be payable and the manner of determining the equivalent thereof in the currency of the United States of America for any purpose, including for purposes of the definition of “Outstanding” in Section 1.01; (14) if the principal of or any premium or interest on any Securities of the series is to be payable, at the election of the Company or the Holder thereof, in one or more currencies or currency units other than that or those in which such Securities are stated to be payable, the currency, currencies or currency units in which the principal of or any premium or interest on such Securities as to which such election is made shall be payable, the periods within which and the terms and conditions upon which such election is to be made and the amount so payable (or the manner in which such amount shall be determined); (15) if other than the entire principal amount thereof, the portion of the principal amount of any Securities of the series which shall be payable upon declaration of acceleration of the Maturity thereof pursuant to Section 5.02 or the method by which such portion shall be determined; (16) any modifications of or additions to the Events of Default or the covenants of the Company set forth herein with respect to Securities of the series; and whether and the conditions under which the Holders of the Securities of the series may waive any such Event of Default or compliance with any such covenant relating to the Securities of such series; (17) if the principal amount payable at the Stated Maturity of any Securities of the series will not be determinable as of any one or more dates prior to the Stated Maturity, the amount which shall be deemed to be the principal amount of such Securities as of any such date for any purpose thereunder or hereunder, including the principal amount thereof which shall be due and payable upon any Maturity other than the Stated Maturity or which shall be deemed to be Outstanding as of any date prior to the Stated Maturity (or, in any such case, the manner in which such amount deemed to be the principal amount shall be determined); (18) if applicable, that the Securities of the series, in whole or any specified part, shall be defeasible pursuant to Section 15.02 or Section 15.03 or both such Sections and, if other than by a Board Resolution, the manner in which any election by the Company to defease such Securities shall be evidenced; (19) if applicable, that any Securities of the series shall be issuable in whole or in part in the form of one or more Global Securities and, in such case, the respective Depositaries for such Global Securities, the form of any legend or legends which shall be borne by any such Global Security in addition to or in lieu of that set forth in Section 2.05 and any circumstances in addition to or in lieu of those set forth in clause (2) of the last paragraph of Section 3.05 in which any such Global Security may be exchanged in whole or in part for Securities registered, and any transfer of such Global Security in whole or in part may be registered, in the name or names of Persons other than the Depositary for such Global Security or a nominee thereof; (20) any addition to or change in the Events of Default which applies to any Securities of the series and any change in the right of the Trustee or the requisite Holders of such Securities to declare the principal amount thereof due and payable pursuant to Section 502; (21) any addition to or change in the covenants set forth in Article Ten which applies to Securities of the series; (22) whether the Securities of the series will be convertible into Common Stock (or cash in lieu thereof) and, if so, the terms and conditions upon which such conversion will be effected; (23) whether the Securities of the series will be secured, and if so, in what manner; (24) any other terms of the series (which terms shall not be inconsistent with the provisions of this Indenture, except as permitted by Section 9.01(5)); (25) any agents for the series, including trustees, depositories, authenticating, conversion, calculation or paying agents, transfer agents or registrars; ; (26) the subordination of the Securities of such series to other Indebtedness of the Company, including without limitation, the Securities of any other series, and (2627) any other terms of the series, including any terms which may be required by or advisable under the laws of the United States of America or regulations thereunder or advisable (as determined by the Company) in connection with the marketing of Securities of the series. All Securities of any one series shall be substantially identical except as to denomination and except as may otherwise be provided in or pursuant to the Board Resolution referred to above and (subject to Section 3.03) set forth, or determined in the manner provided, in the Officers’ Certificate referred to above or in any such indenture supplemental hereto. All Securities of any one series need not be issued at the same time and, unless otherwise provided, a series may be reopened, without the consent of the Holders, for issuances of additional Securities of such series. If any of the terms of the Securities of any series are established by action taken pursuant to a Board Resolution, a copy of an appropriate record of such action shall be certified by the Secretary or an Assistant Secretary of the Company and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate setting forth the terms of the series. The Securities of each series shall have the benefit of the Subsidiary Guarantees unless the Company elects otherwise upon the establishment of a series pursuant to this Section 3.01.

Amount Unlimited; Issuable in Series. (a) The aggregate principal amount of Securities which may be authenticated and delivered under this Indenture is unlimited. . (b) The Securities may be issued from time to time in one or more series. Prior to the issuance of Securities of any series, there shall be established in or pursuant to (i) a Board Resolution andof the Company and each Guarantor, if any, of the Securities of such series, (ii) action taken pursuant to a Board Resolution and (subject to Section 3.03, Sections 3.03 and 3.04) set forth, or determined in the manner provided, in an Officers’ CertificateCertificate of the Company and each Guarantor, if any, of the Securities of such series, or established in (iii) one or more indentures supplemental hereto, prior to the issuance of Securities of any series,: (1) the title of the Securities of the series (which shall distinguish the Securities of the series from Securities of any all other seriesSecurities); (2) whether or not such Securities are to be guaranteed pursuant to Section 2.02 and, if so, the Securities of the series will Guarantor or will not have the benefit of the Subsidiary Guarantees of the Subsidiary GuarantorsGuarantors thereof; (3) the purchase price, denomination and any limit upon the aggregate principal amount of the Securities of the series which may be authenticated and delivered under this Indenture (except for Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities of the series pursuant to Section 3.04Sections 3.07, 3.053.09, 3.063.11, 9.06 9.05 or 11.07 and except for any Securities which, pursuant to Section 3.03, are deemed never to have been authenticated and delivered hereunder11.03); (4) the Person to whom any interest on a Security of the series shall be payable, if other than the Person in whose name that Security (or one or more Predecessor Securities) is registered at the close of business on the Regular Record Date for such interest; (5) the date or dates on which the principal of any and premium, if any, on the Securities of the series is payablepayable or the method of determination thereof; (65) the rate or rates at which any the Securities of the series shall bear interest, if any, or the method of calculating such rate or rates of interest, the method of payment of interest (in particular, whether the interest will be paid in kind or otherwise), the date or dates from which any such interest shall accrue or the method by which such date or dates shall be determined, the Interest Payment Dates on which any such interest shall be payable and the Regular Record Date Date, if any, for any such the interest payable on any Interest Payment Date; (6) the place or places where the principal of (and premium, if any) and interest, if any, on Securities of the series shall be payable; (7) the place or places where the principal of and any premium and interest on any Securities of the series shall be payable; (8) the place or places where the Securities may be exchanged or transferred and notices and demands to or upon the Company in respect of the Securities and this Indenture may be servedtransferred; (9) 8) the period or periods within which, the price or prices at which which, the currency or currencies (including currency unit or units) in which, and the other terms and conditions upon which any Securities of the series may be redeemed, in whole or in part, at the option of the Company, if the Company is to have that option, and, if other than as provided in Section 11.0311.02, the manner in which the particular Securities of such series (if less than all Securities of such series are to be redeemed) are to be selected for redemption; (109) the obligation, if any, of the Company to redeem or purchase any Securities of the series in whole or in part pursuant to any sinking fund or analogous provisions or upon the happening of a specified event, passage of time, event or at the option of the a Holder thereof and the period or periods within which, the price or prices at which which, and the other terms and conditions upon which any Securities of the series shall be redeemed or purchased, in whole or in part, pursuant to such obligation; (1110) if other than denominations of $2,000 and multiples of $1,000 and any integral multiple in excess thereof, the denominations in which any Securities of the series shall be issuable; (11) if other than Dollars, the currency or currencies (including currency unit or units) in which payments of principal of (and premium, if any) and interest, if any, on the Securities of the series shall or may by payable, or in which the Securities of the series shall be denominated, and the particular provisions applicable thereto; (12) if the payments of principal of (and premium, if any) and interest, if any, on the Securities of the series are to be made, at the election of the Company or a Holder, in a currency or currencies (including currency unit or units) other than that in which such Securities are denominated or designated to be payable, the currency or currencies (including currency unit or units) in which such payments are to be made, the terms and conditions of such payments and the manner in which the exchange rate with respect to such payments shall be determined, and the particular provisions applicable thereto; (13) if the amount of payments of principal of or any premium or interest (and premium, if any) and interest, if any, on any the Securities of the series may shall be determined with reference to an index any commodities, currencies or pursuant to a indices, values, rates or prices or any other index, formula or method (which index, formula or method may be based, without limitation, on a currency or currencies (including currency unit or units) other methodthan that in which the Securities of the series are denominated or designated to be payable), the manner in which such amounts shall be determined; (1314) if other than the currency of the United States of America, the currency, currencies or currency units in which the principal of or any premium or interest on any Securities of the series shall be payable and the manner of determining the equivalent thereof in the currency of the United States of America for any purpose, including for purposes of the definition of “Outstanding” in Section 1.01; (14) if the principal of or any premium or interest on any Securities of the series is to be payable, at the election of the Company or the Holder thereof, in one or more currencies or currency units other than that or those in which such Securities are stated to be payable, the currency, currencies or currency units in which the principal of or any premium or interest on such Securities as to which such election is made shall be payable, the periods within which and the terms and conditions upon which such election is to be made and the amount so payable (or the manner in which such amount shall be determined); (15) if other than the entire principal amount thereof, the portion of the principal amount of any Securities of the series which shall be payable upon declaration of acceleration of the Maturity thereof pursuant to Section 5.02 or the method by which such portion shall be determined; (1615) any modifications of or additions to the Events of Default set forth in Section 5.01 or the covenants of the Company set forth herein in Article 4 or Article 10 with respect to Securities of the series; and whether such additional or modified Events of Default or covenants are subject to covenant defeasance pursuant to Section 12.03; (16) if either or both of Section 12.02 and the conditions under which the Holders of Section 12.03 shall be inapplicable to the Securities of the series may waive any (provided that if no such Event inapplicability shall be specified and the Securities of Default such series are not convertible into or compliance their value is not determined with any such covenant relating reference to the Company’s equity securities, then both Section 12.02 and Section 12.03 shall be applicable to the Securities of such series; provided further that if no such inapplicability shall be specified and the Securities of such series are convertible into or their value is determined with reference to the Company’s equity securities, then neither Section 12.02 nor Section 12.03 shall be applicable to the Securities of such series) and any other terms upon which the Securities of such series will be defeasible; (17) if the principal amount payable at the Stated Maturity of any Securities of the series will not be determinable as of any one or more dates prior to the Stated Maturity, the amount which shall be deemed to be the principal amount of such Securities as of any such date for any purpose thereunder or hereunder, including the principal amount thereof which shall be due and payable upon any Maturity other than the Stated Maturity or which shall be deemed to be Outstanding as of any date prior to the Stated Maturity (or, in any such caseTrustee, the manner in which such amount deemed to be identity of the principal amount shall be determined)Registrar and any Paying Agent; (18) if applicable, that the Securities of the series, in whole or any specified part, shall be defeasible pursuant to Section 15.02 or Section 15.03 or both such Sections and, if other than by a Board Resolution, the manner in which any election by the Company to defease such Securities shall be evidenced; (19) if applicable, that any Securities of the series shall be issuable issued in whole or in part in global form, (i) the form of one or more Global Securities and, in such case, the respective Depositaries Depositary for such Global global Securities, (ii) the form of any legend or legends which shall be borne by any such Global Security in addition to or in lieu of that set forth in Section 2.05 and any circumstances 3.06 which shall be borne by such global Security, (iii) whether beneficial owners of interests in addition to or in lieu of those set forth in clause (2) of the last paragraph of Section 3.05 in which any such Global Security may be exchanged in whole or in part for Securities registered, and any transfer of such Global Security in whole or in part may be registered, in the name or names of Persons other than the Depositary for such Global Security or a nominee thereof; (20) any addition to or change in the Events of Default which applies to any Securities of the series and any change in the right of the Trustee or the requisite Holders global form may exchange such interests for certificated Securities of such Securities to declare series and of like tenor of any authorized form and denomination, and (iv) if other than as provided in Section 3.08, the principal amount thereof due and payable pursuant to Section 502circumstances under which any such exchange may occur; (2119) any addition to or change in the covenants set forth in Article Ten which applies to Securities of the series; (22) whether the Securities of the series will be convertible into Common Stock (or cash in lieu thereof) andif, if so, and the terms and conditions upon which such conversion will be effected; (23) whether which, the Securities of such series may or must be converted into securities of the series will be secured, and if so, in what manner;Company or exchanged for securities of the Company or another enterprise; and (2420) any other terms of the series or any Guarantees endorsed thereon (which terms shall not be inconsistent with the provisions adversely affect a prior series of this Indenture, except as permitted by Section 9.01(5Securities)); (25) any agents for the series, including trustees, depositories, authenticating, conversion, calculation or paying agents, transfer agents or registrars; and (26) any other terms of the series, including any terms which may be required by or advisable under the laws of the United States of America or regulations thereunder or advisable (as determined by the Company) in connection with the marketing of Securities of the series. All Securities of any one series shall be substantially identical except as to denomination and except as may otherwise be provided in or (i) by a Board Resolution of the Company, (ii) by action taken pursuant to the a Board Resolution referred to above of the Company and (subject to Section 3.03Sections 3.02-3.05) set forth, or determined in the manner provided, in the an Officers’ Certificate referred to above or (iii) in any such indenture supplemental hereto. All Securities of any one series need not be issued at the same time and, unless otherwise provided, a series may be reopened, without the consent of the Holders, for issuances of additional Securities of such series. If any of the terms of the Securities of any series series, and any Guarantees endorsed thereon, are established by action taken pursuant to a Board ResolutionResolution of the Company and the Guarantors, if any, a copy of an appropriate record of such action shall be certified by the Secretary or an Assistant Secretary of the Company and the Guarantors, if any, and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate setting forth forth, or providing the manner for determining, the terms of the series. The Securities of each such series, and an appropriate record of any action taken pursuant thereto in connection with the issuance of any Securities of such series shall have be delivered to the benefit of Trustee prior to the Subsidiary Guarantees unless the Company elects otherwise upon the establishment of a series pursuant to this Section 3.01authentication and delivery thereof.

Amount Unlimited; Issuable in Series. The aggregate principal amount of Securities which may be authenticated and delivered under this Indenture is unlimited. The Securities may be issued from time to time in one or more series. Prior to the issuance of Securities of any series, there There shall be established in one or more Board Resolutions or pursuant to a authority granted by one or more Board Resolution Resolutions and, subject to Section 3.03, set forth, or determined in the manner provided, forth in an Officers’ ' Certificate, or established in one or more indentures supplemental hereto, prior to the issuance of Securities of any series,: (1a) the title of the Securities of the series (which shall distinguish the Securities of the such series from Securities all other series of any other seriesSecurities); (2b) whether the Securities of the series will or will not have the benefit of the Subsidiary Guarantees of the Subsidiary Guarantors; (3) the purchase price, denomination and any limit upon the aggregate principal amount of the Securities of the series which that may be authenticated and delivered under this Indenture (except for Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities of the series pursuant to Section 3.04, 3.05, 3.06, 9.06 9.06, 11.07 or 11.07 and except for any Securities which, pursuant to Section 3.03, are deemed never to have been authenticated and delivered hereunder13.05); (4c) the Person to whom any interest date or dates, or the method by which such date or dates will be determined, on a Security which the principal of the Securities of the series shall be payable, if other than the Person in whose name that Security (or one or more Predecessor Securities) is registered at the close of business on the Regular Record Date for such interest; (5) the date or dates on which the principal of any Securities of the series is payable; (6d) the rate or rates at which any the Securities of the series shall bear interest, if any, or the method of calculating by which such rate or rates of interest, the method of payment of interest (in particular, whether the interest will shall be paid in kind or otherwise)determined, the date or dates from which any such interest shall accrue or the method by which such date or dates shall be determined, the Interest Payment Dates on which any such interest shall will be payable and the Regular Record Date Date, if any, for any such the interest payable on any Registered Security on any Interest Payment Date, or the method by which such date shall be determined, and the basis upon which interest shall be calculated if other than that of a 360-day year of twelve 30-day months; (7e) the place or places where the principal of (and any premium premium, if any), interest, if any, on, and interest on any Additional Amounts, if any, payable in respect of, Securities of the series shall be payable; (8) , any Securities of the place or places where the Securities series may be exchanged surrendered for registration of transfer, exchange or transferred conversion (each to the extent applicable) and notices and or demands to or upon the Company in respect of the Securities of the series and this Indenture may be served; (9f) the period or periods within which, the price or prices at which which, the currency or currencies, currency unit or units or composite currency or currencies in which, and the other terms and conditions upon which any Securities of the series may be redeemed, in whole or in part, at the option of the Company andCompany, if other than as provided in Section 11.03, the manner in which Company is to have the particular Securities of such series (if less than all Securities of such series are to be redeemed) are to be selected for redemptionoption; (10g) the obligation, if any, of the Company to redeem redeem, repay or purchase any Securities of the series in whole or in part pursuant to any sinking fund or analogous provisions or upon the happening of a specified event, passage of time, provision or at the option of the a Holder thereof thereof, and the period or periods within which or the date or dates on which, the price or prices at which which, the currency or currencies, currency unit or units or composite currency or currencies in which, and the other terms and conditions upon which any Securities of the series shall be redeemed redeemed, repaid or purchased, in whole or in part, pursuant to such obligation; (11h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which any Securities of the series shall be issuable; (12) if the amount of payments of principal of or any premium or interest on any Securities of the series may be determined with reference to an index or pursuant to a formula or other method, the manner in which such amounts shall be determined; (13i) if other than the currency Trustee, the identity of each Security Registrar and/or Paying Agent; (j) the price (expressed as a percentage of the United States of America, the currency, currencies principal amount thereof or currency units in otherwise) at which the principal of or any premium or interest on any Securities of the series shall will be payable and the manner of determining the equivalent thereof in the currency of the United States of America for any purposeissued and, including for purposes of the definition of “Outstanding” in Section 1.01; (14) if the principal of or any premium or interest on any Securities of the series is to be payable, at the election of the Company or the Holder thereof, in one or more currencies or currency units other than that or those in which such Securities are stated to be payable, the currency, currencies or currency units in which the principal of or any premium or interest on such Securities as to which such election is made shall be payable, the periods within which and the terms and conditions upon which such election is to be made and the amount so payable (or the manner in which such amount shall be determined); (15) if other than the entire principal amount thereof, the portion of the principal amount of any Securities of the series which that shall be payable upon declaration of acceleration of the Maturity thereof pursuant to Section 5.02 or, if applicable, the portion of the principal amount of Securities of the series that is convertible in accordance with the provisions of this Indenture, or the method by which such portion shall be determined; (16k) if other than Dollars, the Foreign Currency or currencies in which payment of the principal of (and premium, if any) and interest or Additional Amounts, if any, on the Securities of the series shall be payable or in which the Securities of the series shall be denominated, the manner of determining the equivalent thereof in Dollars for purposes of the definition of "Outstanding" in Section 1.01 and other terms and conditions relating to this subparagraph (k); (l) whether the amount of payments of principal of (and premium, if any) or interest, if any, on the Securities of the series may be determined with reference to an index, formula or other method (which index, formula or method may be based, without limitation, on one or more currencies, currency units, composite currencies, commodities, equity indices or other indices), and the manner in which such amounts shall be determined; (m) whether the principal of (and premium, if any) or interest or Additional Amounts, if any, on the Securities of the series are to be payable, at the election of the Company or a Holder thereof, in a currency or currencies, currency unit or units or composite currency or currencies other than that in which such Securities are denominated or stated to be payable, the period or periods within which, and the terms and conditions upon which, such election may be made, and the time and manner of, and identity of the exchange rate agent with responsibility for, determining the exchange rate between the currency or currencies, currency unit or units or composite currency or currencies in which such Securities are denominated or stated to be payable and the currency or currencies, currency unit or units or composite currency or currencies in which such Securities are to be so payable; (n) provisions, if any, granting special rights to the Holders of Securities of the series upon the occurrence of such events as may be specified and the provisions, if any, relating to the subordination of the Securities of the series to other obligations of the Company; (o) any deletions from, modifications of or additions to the Events of Default or the covenants of the Company set forth herein with respect to Securities of the series; , whether or not such Events of Default or covenants are consistent with the Events of Default or covenants set forth herein, and any change in the right of any trustee or any of the Holders to declare the principal amount of any such Securities due and payable; (p) whether Securities of the series are to be issuable as Registered Securities, Bearer Securities (with or without coupons) or both, any restrictions applicable to the offer, sale or delivery of Bearer Securities and the conditions under terms upon which the Holders of the Bearer Securities of the series may waive be exchanged for Registered Securities of the series and vice versa (if permitted by applicable laws and regulations), whether any Securities of the series are to be issuable initially in temporary global form and whether any Securities of the series are to be issuable in permanent global form with or without coupons and, if so, whether beneficial owners of interests in any such Event permanent Global Security may exchange such interests for Securities of Default or compliance with such series and of like tenor of any authorized form and denomination and the circumstances under which any such covenant relating to exchanges may occur, if other than in the manner provided in Section 3.05, and, if Registered Securities of the series are to be issuable as a Global Security, the identity of the depositary for such series; (17q) if the principal amount payable at the Stated Maturity date as of which any Bearer Securities of the series will not be determinable as of and any one or more dates prior to the Stated Maturity, the amount which shall be deemed to be the principal amount of such Securities as of any such date for any purpose thereunder or hereunder, including the principal amount thereof which shall be due and payable upon any Maturity other than the Stated Maturity or which shall be deemed to be temporary Global Security representing Outstanding as of any date prior to the Stated Maturity (or, in any such case, the manner in which such amount deemed to be the principal amount shall be determined); (18) if applicable, that the Securities of the series, in whole or any specified part, shall be defeasible pursuant to Section 15.02 or Section 15.03 or both such Sections and, if other than by a Board Resolution, the manner in which any election by the Company to defease such Securities shall be evidenced; (19) if applicable, that any Securities of the series shall be issuable dated if other than the date of original issuance of the first Security of the series to be issued; (r) the Person to whom any interest on any Registered Security of the series shall be payable, if other than the person in whole whose name that Security (or in part in the form of one or more Global Securities and, in Predecessor Securities) is registered at the close of business on the Regular Record Date for such caseinterest, the respective Depositaries for such Global Securitiesmanner in which, or the form Person to whom, any interest on any Bearer Security of any legend or legends which the series shall be borne by payable, if otherwise than upon presentation and surrender of the coupons appertaining thereto as they severally mature, and the extent to which, or the manner in which, any such interest payable on a temporary Global Security on an Interest Payment Date will be paid if other than in the manner provided in Section 3.04; (s) the applicability, if any, of Sections 14.02 and/or 14.03 to the Securities of the series and any provisions in modification of, in addition to or in lieu of that set forth in Section 2.05 and any circumstances in addition to or in lieu of those set forth in clause (2) of the last paragraph provisions of Section 3.05 in which any such Global Security may be exchanged in whole or in part for Securities registered, and any transfer of such Global Security in whole or in part may be registered, in the name or names of Persons other than the Depositary for such Global Security or a nominee thereofArticle XIV; (20t) any addition to or change in if the Events of Default which applies to any Securities of the such series and any change are to be issuable in the right definitive form (whether upon original issue or upon exchange of the Trustee or the requisite Holders a temporary Security of such Securities to declare series) only upon receipt of certain certificates or other documents or satisfaction of other conditions, then the principal amount thereof due and payable pursuant to Section 502form and/or terms of such certificates, documents or conditions; (21u) any addition to or change in the covenants set forth in Article Ten which applies to Securities of the series; (22) whether if the Securities of the series are to be issued upon the exercise of warrants, the time, manner and place for such Securities to be authenticated and delivered; (v) whether and under what circumstances the Company will be convertible into Common Stock pay Additional Amounts as contemplated by Section 10.10 on the Securities of the series to any Holder who is not a United States Person (including any modification to the definition of such term) in respect of any tax, assessment or cash in lieu thereof) governmental charge and, if so, whether the Company will have the option to redeem such Securities rather than pay such Additional Amounts (and the terms of any such option); (w) the obligation, if any, of the Company to permit the conversion of the Securities of such series into the Company's Common Stock or Preferred Stock, as the case may be, and the terms and conditions upon which such conversion will shall be effectedeffected (including, without limitation, the initial conversion price or rate, the conversion period, any adjustment of the applicable conversion price and any requirements relative to the reservation of such shares for purposes of conversion) and applicable limitations on the ownership or transferability of the Common Stock or Preferred Stock into which such Securities are convertible; (23x) whether the provisions, if any, relating to any security provided for the Securities of the series will be secured, and if so, in what manner;series; and (24y) any other terms of the series (which terms shall not be inconsistent with the provisions of this Indenture, except as permitted by Section 9.01(5)); (25) any agents for the series, including trustees, depositories, authenticating, conversion, calculation or paying agents, transfer agents or registrars; and (26) any other terms of the series, including any terms which may be required by or advisable under the laws of the United States of America or regulations thereunder or advisable (as determined by the Company) in connection with the marketing of Securities of the series. All Securities of any one series and the coupons appertaining to any Bearer Securities of such series shall be substantially identical except except, in the case of Registered Securities, as to denomination and except as may otherwise be provided in or pursuant to the such Board Resolution referred to above and (subject to Section 3.03) and set forth, or determined forth in the manner provided, in the such Officers’ ' Certificate referred to above or in any such indenture supplemental hereto. All Securities of any one series need not be issued at the same time and, unless otherwise provided, a series may be reopened, without the consent of the Holders, for issuances of additional Securities of such series. If any of the terms of the Securities of any series are established by action taken pursuant to a one or more Board ResolutionResolutions, a copy of an appropriate record of such action action(s) shall be certified by the Secretary or an Assistant Secretary of the Company and delivered to the Trustee at or prior to before the delivery of the Officers’ ' Certificate setting forth the terms of the series. The Securities of each series shall have the benefit of the Subsidiary Guarantees unless the Company elects otherwise upon the establishment of a series pursuant to this Section 3.01such series.

Amount Unlimited; Issuable in Series. The aggregate principal amount of Securities which may be authenticated and delivered under this Indenture is unlimited. The Securities may be issued from time to time in one or more series. Prior to the issuance of Securities of any series, there There shall be established in or pursuant to a Board Resolution andResolution, subject to Section 3.03, and set forth, or determined in the manner provided, forth in an Officers’ ' Certificate, or established in one or more indentures supplemental hereto, prior to the issuance of Securities of any series, (1) the title of the Securities of the series (which shall distinguish the Securities of the series from Securities of any all other seriesSecurities); (2) whether the Securities of the series will or will not have the benefit of the Subsidiary Guarantees of the Subsidiary Guarantors; (3) the purchase price, denomination and any limit upon the aggregate principal amount of the Securities of the series which that may be authenticated and delivered under this Indenture (except for Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities of the series pursuant to Section 3.04Sections 3.4, 3.053.5, 3.063.6, 9.06 9.6 or 11.07 and except for any Securities which, pursuant to Section 3.03, are deemed never to have been authenticated and delivered hereunder11.7); (4) the Person to whom any interest on a Security of the series shall be payable, if other than the Person in whose name that Security (or one or more Predecessor Securities) is registered at the close of business on the Regular Record Date for such interest; (53) the date or dates on which the principal of any the Securities of the series is payable; (64) the rate or rates at which any the Securities of the series shall bear interest, if any, or the method of calculating such rate or rates of interest, the method of payment of interest (in particular, whether the interest will be paid in kind or otherwise), the date or dates from which any such interest shall accrue (which, in either case or both, if so provided in such Board Resolution, may be determined by the method by which such date or dates shall be determinedCompany from time to time and set forth in the Securities of the series issued from time to time), the Interest Payment Dates on which any such interest shall be payable and the Regular Record Date for any such the interest payable on any Interest Payment Date; (75) the place or places where where, subject to the provisions of Section 10.2, the principal of (and any premium premium, if any) and interest on any Securities of the series shall be payable; (8) the place or places where the , any Securities of that series may be exchanged or transferred surrendered for exchange, and notices and demands to or upon the Company in respect of the Securities of that series and this Indenture may be served; (96) the period or periods within which, the price or prices at which which, the currency or currency unit in which, and the terms and conditions upon which any Securities of the series may be redeemed, in whole or in part, at the option of the Company and, if other than as provided in Section 11.03, the manner in which the particular Securities of such series (if less than all Securities of such series are to be redeemed) are to be selected for redemptionCompany; (107) the obligation, if any, of the Company to redeem or purchase any Securities of the series in whole or in part pursuant to any sinking fund or analogous provisions or upon the happening of a specified event, passage of time, or at the option of the a Holder thereof and the period or periods within which, the price or prices at which which, the currency or currency unit in which, and the terms and conditions upon which any Securities of the series shall be redeemed or purchased, in whole or in part, pursuant to such obligation; (11) 8) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which any Securities of the series shall be issuable; (12) if the amount of payments of principal of or any premium or interest on any Securities of the series may be determined with reference to an index or pursuant to a formula or other method, the manner in which such amounts shall be determined; (139) if other than the currency of the United States of America, the currency, currencies or currency units in which the principal of or any premium or interest on any Securities of the series shall be payable and the manner of determining the equivalent thereof in the currency of the United States of America for any purpose, including for purposes of the definition of “Outstanding” in Section 1.01; (14) if the principal of or any premium or interest on any Securities of the series is to be payable, at the election of the Company or the Holder thereof, in one or more currencies or currency units other than that or those in which such Securities are stated to be payable, the currency, currencies or currency units in which the principal of or any premium or interest on such Securities as to which such election is made shall be payable, the periods within which and the terms and conditions upon which such election is to be made and the amount so payable (or the manner in which such amount shall be determined); (15) if other than the entire principal amount thereof, the portion of the principal amount of any Securities of the series which that shall be payable upon declaration of acceleration of the Maturity thereof pursuant to Section 5.02 5.2; (10) any Events of Default and covenants of the Company with respect to the Securities of that series, whether or not such Events of Default or covenants are consistent with the method by Events of Defaults or covenants set forth herein; (11) if other than Dollars, the currency or currency unit in which payment of the principal of (and premium, if any) or interest, if any, on the Securities of that series shall be made or in which the Securities of that series shall be denominated and the particular provisions applicable thereto; (12) if the principal of (and premium, if any) and interest, if any, on the Securities of that series are to be payable, at the election of the Company or a Holder thereof, in a currency or currency unit other than that in which such portion Securities are denominated or stated to be payable, the period or periods within which, and the terms and conditions upon which, such election may be made, and the time and manner of determining the exchange rate between the currency or currency unit in which such Securities are denominated or stated to be payable and the currency or currency unit in which such Securities are to be so payable; (13) if the amount of payments of principal of (and premium, if any) or interest, if any, on the Securities of that series may be determined with reference to an index based on a currency or currency unit other than that in which such Securities are denominated or stated to be payable or any other index, the manner in which such amounts shall be determined; (1614) any modifications of or additions to the Events of Default or the covenants of the Company set forth herein with respect to Securities of the series; and whether and the conditions under which the Holders of if the Securities of that series do not bear interest, the series may waive any such Event applicable dates for purposes of Default or compliance with any such covenant Section 7.1; (15) if the provisions of Section 4.1 relating to the satisfaction and discharge of this Indenture shall apply to the Securities of such that series; or if provisions for the satisfaction and discharge of this Indenture other than as set forth in Section 4.1 shall apply to the Securities of that series; (16) the application, if any, of Section 10.11 to the Securities of that series; (17) if the principal amount payable at the Stated Maturity of any Securities of the series will not be determinable as of any one or more dates prior to the Stated Maturity, the amount which shall be deemed to be the principal amount of such Securities as of any such date for any purpose thereunder or hereunder, including the principal amount thereof which shall be due and payable upon any Maturity other than the Stated Maturity or which shall be deemed to be Outstanding as of any date prior to the Stated Maturity (or, in any such case, the manner in which such amount deemed to be the principal amount shall be determined); (18) if applicable, that whether the Securities of the series, in whole or any specified part, shall be defeasible pursuant to Section 15.02 or Section 15.03 or both such Sections and, if other than by a Board Resolution, the manner in which any election by the Company to defease such Securities shall be evidenced; (19) if applicable, that any Securities of the series shall be issuable issued in whole or in part in the form of one or more Global Securities and, in such case, the respective Depositaries for such Global Securities, the form of any legend or legends which shall be borne by any such Global Security in addition to or in lieu of that set forth in Section 2.05 and any circumstances in addition to or in lieu of those set forth in clause (2) of the last paragraph of Section 3.05 in which any such Global Security may be exchanged in whole or in part for Securities registered, and any transfer of such Global Security in whole or in part may be registered, in the name or names of Persons other than the Depositary for such Global Security or a nominee thereof;Securities; and whether such Global Security or Securities shall be temporary or permanent; and (20) any addition to or change in the Events of Default which applies to any Securities of the series and any change in the right of the Trustee or the requisite Holders of such Securities to declare the principal amount thereof due and payable pursuant to Section 502; (21) any addition to or change in the covenants set forth in Article Ten which applies to Securities of the series; (22) whether the Securities of the series will be convertible into Common Stock (or cash in lieu thereof) and, if so, the terms and conditions upon which such conversion will be effected; (23) whether the Securities of the series will be secured, and if so, in what manner; (2418) any other terms of the series (which terms shall not be inconsistent with the provisions of this Indenture, except as permitted by Section 9.01(5)); (25) any agents for the series, including trustees, depositories, authenticating, conversion, calculation or paying agents, transfer agents or registrars; and (26) any other terms of the series, including any terms which may be required by or advisable under the laws of the United States of America or regulations thereunder or advisable (as determined by the Company) in connection with the marketing of Securities of the series. All Securities of any one series shall be substantially identical except as to denomination denomination, rate of interest, Stated Maturity and the date from which interest, if any, shall accrue, and except as may otherwise be provided in or pursuant to the such Board Resolution referred relating thereto. The terms of such Securities, as set forth above, may be determined by the Company from time to above and (subject time if so provided in or established pursuant to Section 3.03) set forth, or determined the authority granted in the manner provided, in the Officers’ Certificate referred to above or in any such indenture supplemental heretoa Board Resolution. All Securities of any one series need not be issued at the same time andtime, and unless otherwise provided, a series may be reopened, without the consent of the Holders, reopened for issuances issuance of additional Securities of such series. If any of the terms of the Securities of any series are established by action taken pursuant to a Board Resolution, a copy of an appropriate record of such action shall be certified by the Secretary or an Assistant Secretary of the Company and delivered to the Trustee at or prior to the delivery of the Officers’ ' Certificate setting forth the terms of the series. The Securities of each series shall have the benefit of the Subsidiary Guarantees unless the Company elects otherwise upon the establishment of a series pursuant to this Section 3.01.

Amount Unlimited; Issuable in Series. The aggregate principal amount of Securities which may be authenticated and delivered under this Indenture is unlimited. The Securities may be issued from time to time in one or more series. Prior to the issuance of Securities of any series, there There shall be established in or pursuant to a Board Resolution andResolution, subject to Section 3.03, and set forth, or determined in the manner provided, forth in an Officers’ Certificate, of the Issuer and each Guarantor or established in one or more indentures supplemental hereto, prior to the issuance of Securities of any series, (1) the title of the Securities of the series (which shall distinguish the Securities of the series from Securities of any all other seriesSecurities); (2) whether the aggregate principal amount of the Securities of the such series will or will not have the benefit of the Subsidiary Guarantees of the Subsidiary Guarantors; (3) the purchase price, denomination and any limit upon the aggregate principal amount of the Securities of the series which may be authenticated and delivered under this Indenture (except for Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities securities of the series pursuant to Section 3.04, 3.05, 3.06, 9.06 10.06 or 11.07 and except for any Securities which, pursuant to Section 3.03, are deemed never to have been authenticated and delivered hereunder12.07); (4) the Person to whom any interest on a Security of the series shall be payable, if other than the Person in whose name that Security (or one or more Predecessor Securities) is registered at the close of business on the Regular Record Date for such interest; (53) the date or dates on which the principal (and premium, if any) of any the Securities of the series is payablepayable or the method of determination thereof; (64) the rate or rates (which may be fixed or variable), or the method of determination thereof, at which any the Securities of the series shall bear interest, if any, including the rate of interest applicable on overdue payments of principal or the method of calculating such rate or rates of interest, if different from the method of payment rate of interest (stated in particular, whether the interest will be paid in kind or otherwise)title of the Security, the date or dates from which any such interest shall accrue or the method by which such date or dates shall be determinedof determination thereof, the Interest Payment Dates on which any such interest shall be payable and the Regular Record Date for any such the interest payable on any Interest Payment Date; (5) the Paying Agent or Paying Agents for the Securities of the series if other than the Trustee; (6) the Place of Payment of the Securities of the series; (7) if other than U.S. Dollars, the place foreign currency or places where the principal of and any premium and interest on any currencies in which Securities of the series shall be payabledenominated or in which payment of the principal of (and premium, if any) or interest on Securities of the series may be made, and the particular provisions applicable thereto and, if applicable, the amount of the Securities of the series which entitles the Holder of a Security of the series or its proxy to one vote for purposes of Section 15.06; (8) the place or places where right, if any, of the Issuer to redeem the Securities may be exchanged or transferred of such series and notices and demands to or upon the Company in respect of the Securities and this Indenture may be served; (9) the period or periods within which, the price or prices at which and the terms and conditions upon which any Securities of the series may be redeemed, in whole or in part, at the option of the Company and, if other than as provided in Section 11.03, the manner in which the particular Securities of such series (if less than all Securities of such series are to be redeemed) are to be selected for redemptionIssuer; (109) the obligation, if any, of the Company Issuer to redeem or purchase any Securities of the series in whole or in part pursuant to any sinking fund or analogous provisions or upon the happening of a specified event, passage of time, or at the option of the a Holder thereof and the period or periods within which, the price or prices at which and the terms and conditions upon which any Securities of the series shall be redeemed or purchased, in whole or in part, pursuant to such obligation; (1110) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which any Securities of the series shall be issuable; (1211) if whether the amount of payments of principal of or any premium or interest on any Securities of the series may be determined with reference to an index or pursuant to a formula or other method, the manner in which such amounts shall be determined; (13) if other than the currency of the United States of America, the currency, currencies or currency units in which the principal of or any premium or interest on any Securities of the series shall be payable and the manner of determining the equivalent thereof in the currency of the United States of America for any purpose, including for purposes of the definition of “Outstanding” in Section 1.01; (14) if the principal of or any premium or interest on any Securities of the series is to be payable, at the election of the Company or the Holder thereof, in one or more currencies or currency units other than that or those in which such Securities are stated to be payable, the currency, currencies or currency units in which the principal of or any premium or interest on such Securities as to which such election is made shall be payable, the periods within which and the terms and conditions upon which such election is to be made and the amount so payable (or the manner in which such amount shall be determined); (15) if other than the entire principal amount thereof, the portion of the principal amount of any Securities of the series which shall be payable upon declaration of acceleration of the Maturity thereof pursuant to Section 5.02 or the method by which such portion shall be determined; (16) any modifications of or additions to the Events of Default or the covenants of the Company set forth herein with respect to Securities of the series; and whether and the conditions under which the Holders of the Securities of the series may waive any such Event of Default or compliance with any such covenant relating to the Securities of such series; (17) if the principal amount payable at the Stated Maturity of any Securities of the series will not be determinable as of any one or more dates prior to the Stated Maturity, the amount which shall be deemed to be the principal amount of such Securities as of any such date for any purpose thereunder or hereunder, including the principal amount thereof which shall be due and payable upon any Maturity other than the Stated Maturity or which shall be deemed to be Outstanding as of any date prior to the Stated Maturity (or, in any such case, the manner in which such amount deemed to be the principal amount shall be determined); (18) if applicable, that the Securities of the series, in whole or any specified part, shall be defeasible pursuant to Section 15.02 or Section 15.03 or both such Sections and, if other than by a Board Resolution, the manner in which any election by the Company to defease such Securities shall be evidenced; (19) if applicable, that any Securities of the series shall be issuable issued in whole or in part in the form of one or more Global Securities and, in such case, the respective Depositaries for such Global Securities, depository (the form of any legend or legends which shall be borne by any such Global Security in addition to or in lieu of that set forth in Section 2.05 and any circumstances in addition to or in lieu of those set forth in clause (2“Depository”) of the last paragraph of Section 3.05 in which any such Global Security may be exchanged in whole or in part for Securities registered, and any transfer of such Global Security in whole or in part may be registered, in the name or names of Persons other than the Depositary for such Global Security or a nominee thereofSecurities; and the manner in which and the circumstances under which Global Securities representing Securities of the series may be exchanged for Securities in definitive form, if other than, or in addition to, the manner and circumstances specified in Section 3.05(b); (2012) if other than the principal amount thereof, the portion of the principal amount of Securities of the series which shall be payable upon declaration of acceleration of the Maturity thereof pursuant to Section 6.02; (13) if the provisions of Section 5.02 of this Indenture are to apply to the Securities of the series, a statement indicating the same; (14) any addition deletions from or modifications of or additions to or change in the Events of Default which applies to any Securities of the series and any change in the right of the Trustee or the requisite Holders of such Securities to declare the principal amount thereof due and payable pursuant to Section 502; (21) any addition to or change in the covenants set forth in Article Ten which applies Section 6.01 pertaining to the Securities of the series; (2215) whether the form of the Securities of the series; (16) the Reporting Date of the Securities of the series; and (17) any other terms of a particular series will be convertible into Common Stock (and any other provisions expressing or cash in lieu thereof) and, if so, referring to the terms and conditions upon which such conversion will be effected; (23) whether the Securities of the that series will are to be securedissued, and if so, in what manner; (24) any other terms of the series (which terms shall and provisions are not be inconsistent in conflict with the provisions of this Indenture, except as permitted by Section 9.01(5)); (25) any agents for Indenture or do not adversely affect the series, including trustees, depositories, authenticating, conversion, calculation or paying agents, transfer agents or registrars; and (26) rights of Holders of any other series of Securities then Outstanding); provided, however, that the addition to or subtraction from or variation of Articles Four, Five, Six, Nine, Eleven, Thirteen and Sixteen (and Section 1.01 insofar as it relates to the definition of certain terms as used in such Articles) with regard to the Securities of the series, including any terms which may a particular series shall not be required by or advisable under the laws of the United States of America or regulations thereunder or advisable (as determined by the Company) in connection deemed to constitute a conflict with the marketing provisions of Securities of the seriesthose Articles. All Securities of any one series shall be substantially identical except as to denomination and except as may otherwise be provided in or pursuant to the such Board Resolution referred to above and (subject to Section 3.03) set forth, or determined forth in the manner provided, in the such Officers’ Certificate referred to above or in any such indenture supplemental hereto. All Securities of any one series need not be issued at the same time andtime, and unless otherwise provided, a series may be reopened, reopened for issuance of additional Securities of such series without the consent of the HoldersHolders thereof. Except as modified in a Board Resolution, for issuances Officers’ Certificate or supplemental indenture establishing a series of additional Securities, the Securities shall be subordinated in right of payment to Senior Indebtedness as provided in Article Four. The Securities of such seriesall series shall rank on a parity in right of payment. Except as modified in a Board Resolution, Officers’ Certificate or supplemental indenture establishing a series of Securities, the Securities shall be fully and unconditionally guaranteed, jointly and severally, by each Guarantor as provided in Article Sixteen. If any of the terms of the Securities of any series are established by action taken pursuant to a Board Resolution, a copy of an appropriate record of such action shall be certified by the Secretary or an Assistant Secretary of the Company Issuer or the applicable Guarantor and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate setting forth the terms of the series. The Securities of each series shall have the benefit of the Subsidiary Guarantees unless the Company elects otherwise upon the establishment of a series pursuant to this Section 3.01.

Amount Unlimited; Issuable in Series. The aggregate principal amount of Securities which may be authenticated and delivered under this Indenture is unlimited. The Securities may be issued from time to time in one or more series. Prior to the issuance of Securities of any series, there There shall be established in or pursuant to a Board Resolution and, subject to Section 3.03, to the extent established pursuant to rather than set forth in a Board Resolution, in an Officer’s Certificate or Company Order setting forth, or determined in determining the manner providedof, in an Officers’ Certificatesuch establishment, or established in one or more indentures supplemental hereto, prior to the issuance of Securities of any series, (1a) the form and title of the Securities of the series (which shall distinguish the Securities of the series from Securities of any other series); (2b) whether the Securities of the series will or will not have the benefit of the Subsidiary Guarantees of the Subsidiary Guarantors; (3) the purchase price, denomination and any limit upon the aggregate principal amount of the Securities of the series which may be authenticated and delivered under this Indenture (except for Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities of the series pursuant to Section 3.04, 3.05, 3.06, 9.06 or 11.07 and except for any Securities which, pursuant to Section 3.03, are deemed never to have been authenticated and delivered hereunder); (4c) the issue price or prices of originally issued Securities, expressed as a percentage of the principal amount, and the original issue date; (d) the Person to whom any interest on a Security of the series shall be payable, if other than the Person in whose name that Security (or one or more Predecessor Securities) is registered at the close of business on the Regular Record Date for such interest; (5e) the date or dates on which the Securities will be issued and on which principal of of, and premium, if any, on, any Securities of the series is payablepayable or the method of determination thereof; (6f) the rate or rates (which may be fixed or variable, or combination thereof) at which any Securities of the series shall bear interest, if any, or the method of calculating such rate or rates of interest, the method of payment of interest (in particular, whether the interest will be paid in kind or otherwise)determination thereof, the date or dates from which any such interest shall accrue accrue, or the method by which such date or dates shall be determinedof determination thereof, the Interest Payment Dates on which any such interest shall be payable and the Regular Record Date for any such interest payable on any Interest Payment Date; (7g) the place or places where where, subject to the provisions of Section 10.02, the principal of and any premium and interest on any Securities of the series shall be payable; (8) , Securities of the place or places where the Securities series may be exchanged surrendered for registration or transferred transfer, Securities of the series may be surrendered for exchange, and notices and demands to or upon the Company in respect of the Securities of the series and this Indenture may be served; (9h) the period or periods periods, if any, within which, the price or prices at which and the terms and conditions upon which any Securities of the series may be redeemed, in whole or in part, at the option of the Company and, if other than as provided in Section 11.03by a Board Resolution, the manner in which any election by the particular Company to redeem the Securities of such series (if less than all Securities of such series are to shall be redeemed) are to be selected for redemptionevidenced; (10i) the obligation, if any, and the option, if any, of the Company to redeem redeem, purchase or purchase repay any Securities of the series in whole or in part pursuant to any sinking fund or analogous provisions or upon the happening of a specified event, passage of time, event or at the option of the Holder thereof and the period or periods within which, the price or prices at which and the terms and conditions upon which any Securities of the series shall be redeemed redeemed, purchased or purchasedrepaid, in whole or in part, pursuant to such obligationobligation or option; (11j) if other than denominations a denomination equal to $2,000 or an integral multiple of $1,000 and any integral multiple thereof, in excess thereof the denominations in which any Securities of the series shall be issuable; (12k) if the debt Securities will be issued in registered or bearer form or both and, if in bearer form, the related terms and conditions and any limitations on issuance of such bearer debt Securities (including exchange for registered debt Securities of the same series); (l) if the amount of payments of principal of or any premium or interest on any Securities of the series may be determined with reference to an index including an index based on a currency or currencies other than in which the Securities of that series are payable or pursuant to a formula or other methodformula, the manner in which such amounts shall be determined; (13m) if other than the currency of the United States of America, the currency, currencies or currency units in which the principal of or any premium or interest on any Securities of the series shall be payable denominated, payable, redeemable or purchasable and the manner of determining the equivalent thereof in the currency of the United States of America for any purpose, including for purposes of the definition of “Outstanding” in Section 1.01; (14n) if the principal of or any premium or interest on any Securities of the series is to be payable, redeemable or purchasable, at the election of the Company or the Holder thereof, in one or more currencies or currency units other than that or those in which such Securities are stated to be payable, redeemable, or purchasable, the currency, currencies or currency units in which the principal of or any premium or interest on such Securities as to which such election is made shall be payable, redeemable or purchasable, the periods within which and the terms and conditions upon which such election is to be made and the amount so payable payable, redeemable or purchasable (or the manner in which such amount shall be determined); (15o) if other than the entire principal amount thereof, the portion of the principal amount of any Securities of the series which shall be payable upon declaration of acceleration of the Maturity thereof pursuant to Section 5.02 or provable in bankruptcy pursuant to Section 5.04 or the method by which such portion shall be determinedof determination thereof; (16) any modifications of or additions to the Events of Default or the covenants of the Company set forth herein with respect to Securities of the series; and whether and the conditions under which the Holders of the Securities of the series may waive any such Event of Default or compliance with any such covenant relating to the Securities of such series; (17p) if the principal amount payable at the Stated Maturity of any Securities of the series will not be determinable as of any one or more dates prior to the Stated Maturity, the amount which shall be deemed to be the principal amount of such Securities as of any such date for any purpose thereunder or hereunder, including the principal amount thereof which shall be due and payable upon any Maturity other than the Stated Maturity or which shall be deemed to be Outstanding as of any date prior to the Stated Maturity (or, in any such case, the manner in which such amount deemed to be the principal amount shall be determined); (18q) if applicable, that the Securities of the series, in whole or any specified part, shall be defeasible pursuant to Section 15.02 13.02 or Section 15.03 13.03 or both such Sections or if other than as provided in Sections 13.02 or 13.03, the terms and conditions upon which and the manner in which such series of Securities may be defeased or discharged, and, if other than by a Board Resolution, the manner in which any election by the Company to defease or discharge such Securities shall be evidenced; (19r) if applicable, that any Securities of the series shall be issuable in whole or in part in the form of one or more Global Securities and, in such case, the respective Depositaries for such Global Securities, the form of any legend or legends which shall be borne by any such Global Security in addition to or in lieu of that set forth in Section 2.05 2.04, information with respect to book-entry procedures, and any circumstances in addition to or in lieu of those set forth in clause (2) of the last paragraph of Section 3.05 in which any such Global Security may be exchanged in whole or in part for Securities registered, and any transfer of such Global Security in whole or in part may be registered, in the name or names of Persons other than the Depositary for such Global Security or a nominee thereof; (20s) if the debt Security is issued as an original issue discount debt Security, and if so, the yield to maturity; (t) any deletion from, addition to or change in the Events of Default which applies to any Securities of the series and any change in the right of the Trustee or the requisite Holders of such Securities to declare the principal amount thereof due and payable pursuant to Section 5025.02; (21u) any addition to or change in the covenants set forth in Article Ten X or XIV which applies to Securities of the seriesseries or in any defined term used in either Article X or XIV; (22v) whether the Securities right, if any, of the series will be convertible into Common Stock (or cash in lieu thereof) and, if soCompany to defer payments of interest by extending the interest payment periods and specify the duration of such extension, the terms and conditions upon Interest Payment Dates on which such conversion will interest shall be effectedpayable and whether and under what circumstances additional interest on amounts deferred shall be payable; (23w) whether if other than the Securities Trustee, the identity of any other trustee, the series will be secured, Security Registrar and if so, in what manner;any Paying Agent; and (24x) any other terms of the Securities of the series (which terms shall not be inconsistent with prohibited by the provisions of this Indenture, except as permitted by Section 9.01(5)); (25) any agents for the series, including trustees, depositories, authenticating, conversion, calculation or paying agents, transfer agents or registrars; and (26) any other terms of the series, including any terms which may be required by or advisable under the laws of the United States of America or regulations thereunder or advisable (as determined by the Company) in connection with the marketing of Securities of the series. All Securities of any one series shall be substantially identical except as to denomination and except as may otherwise be provided in or pursuant to the Board Resolution referred to above and (subject to Section 3.03) set forth, or determined in the manner provided, in the Officers’ Officer’s Certificate referred to above or in any such indenture supplemental hereto. Accordingly, the terms of any Security of a series may differ from the terms of other Securities of the same series, if and to the extent provided pursuant to this Section 3.01. The matters referenced in any or all of Clauses (a) through (x) above may be established and set forth or determined as aforesaid with respect to all or any specific Securities of a series (in each case to the extent permitted by the Trust Indenture Act). Any such Board Resolution or Officer’s Certificate referred to above with respect to Securities of any series filed with the Trustee on or before the initial issuance of the Securities of such series shall be incorporated herein by reference with respect to Securities of such series and shall thereafter be deemed to be a part of the Indenture for all purposes relating to Securities of such series as fully as if such Board Resolution or Officer’s Certificate were set forth herein in full. All Securities of any one series need not be issued at the same time and, unless otherwise provided, a series may be reopened, without the consent of the Holders, for increases in the aggregate principal amount of such series of Securities and issuances of additional Securities of such series or for the establishment of additional terms with respect to the Securities of such series. If any of the terms of the Securities of any series are established by action taken pursuant to a Board Resolution, a copy of an appropriate record of such action shall be certified by the Secretary or an Assistant Secretary of the Company and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate setting forth the terms of the series. The Securities of each series shall have the benefit of the Subsidiary Guarantees unless the Company elects otherwise upon the establishment of a series pursuant to this Section 3.01.

Amount Unlimited; Issuable in Series. The aggregate principal amount of Securities which that may be authenticated and delivered under this Indenture is unlimited. The Securities may be issued from time to time in one or more series. Prior to the issuance of Securities of any series, there There shall be established in or pursuant to a Board Resolution andResolution, subject to Section 3.03, and set forth, or determined in the manner provided, forth in an Officers’ ' Certificate, or established in one or more indentures supplemental hereto, prior to the issuance of Securities of any series,: (1) the title designation of the Securities of the series (which shall distinguish the Securities of the series from Securities of any all other seriesSecurities); (2) whether the Securities of the series will or will not have the benefit of the Subsidiary Guarantees of the Subsidiary Guarantors; (3) the purchase price, denomination and any limit upon the aggregate principal amount of the Securities of the series which may be authenticated and delivered under this Indenture (except for Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities of the series pursuant to Section 3.042.05, 3.052.06, 3.062.07, 9.06 3.02 or 11.07 and except for any Securities which, pursuant to Section 3.03, are deemed never to have been authenticated and delivered hereunder10.04); (4) the Person to whom any interest on a Security of the series shall be payable, if other than the Person in whose name that Security (or one or more Predecessor Securities) is registered at the close of business on the Regular Record Date for such interest; (53) the date or dates on which the principal of any the Securities of the series is payable, or the manner of determining the maturity date or dates; (64) the rate or rates rates, which may be fixed or variable, at which any the Securities of the series shall bear interest, if any, or and if the method of calculating such rate or rates of interestare variable, the method manner of payment of interest (in particular, whether the interest will be paid in kind or otherwise)calculation thereof, the date or dates from which any such interest shall accrue or the method by which such date or dates shall be determinedaccrue, the Interest Payment Dates on which any such interest shall be payable and and, in the case of Registered Securities, the Regular Record Date for any the determination of Holders of such Securities to whom interest is payable on any Interest Payment Date; (75) the place or places (in addition to such place or places specified in this Indenture) where the principal of (and any premium premium, if any), interest, if any, and interest Additional Amounts, if any, on any Securities of the series shall be payablepayable and where Securities of the series may be surrendered for exchange, when Securities of the series that are convertible or exchangeable may be surrendered for conversion or exchange; (8) 6) the place or places where right, if any, of the Corporation to redeem the Securities may be exchanged or transferred and notices and demands to or upon the Company in respect of the Securities series, in whole or in part, at its option and this Indenture may be served; (9) the period or periods within which, the price or prices at which and the terms and conditions upon which any Securities of the series may be redeemed, in whole redeemed pursuant to any sinking fund or in part, at the option of the Company and, if other than as provided in Section 11.03, the manner in which the particular Securities of such series (if less than all Securities of such series are to be redeemed) are to be selected for redemptionotherwise; (107) the obligation, if any, of the Company Corporation to redeem redeem, purchase or purchase any repay Securities of the series in whole or in part pursuant to any mandatory redemption, sinking fund or analogous provisions or upon the happening of a specified event, passage of time, or at the option of the a Holder thereof and the period or periods within which, the price or prices at which and the terms and conditions upon which any Securities of the series shall be redeemed redeemed, purchased or purchasedrepaid, in whole or in part, pursuant to such obligation; (11) 8) if other than denominations of $1,000 and any integral multiple thereofU.S. Dollars, the denominations currency or currencies, including Euros, in which any the Securities of the series shall be issuable; (12) if the amount of denominated and in which payments of principal of (premium, if any), interest, if any, and Additional Amounts, if any, payable with respect to such Securities shall or any premium or interest on any Securities of the series may be determined with reference to an index or pursuant to a formula or other method, payable; the manner in which such amounts shall currency or currencies will be determined; (13) if other than the currency of the United States of America, the currency, currencies or currency units in which the principal of or any premium or interest on any Securities of the series shall be payable ; and the manner of determining the equivalent thereof in the currency of the United States of America for any purpose, including for purposes of the definition of “Outstanding” in Section 1.01; (14) if the principal of or any premium or interest (and premium, if any), interest, if any, and Additional Amounts, if any, on any the Securities of the such series is are to be payable, at the election of the Company Corporation or the a Holder thereof, in one a currency or more currencies or currency units currencies, other than that or those in which such the Securities are stated to be payable, the currency, currency or currencies or currency units in which payment of the principal of or any premium or interest (and premium, if any), interest, if any, and Additional Amounts, if any, on Securities of such Securities series as to which such election is made shall be payable, and the periods within which and the terms and conditions upon which such election is to be made and made; (9) if the amount so payable (of principal of and interest on the Securities of the series may be determined with reference to an index based on a currency or currencies other than that in which the Securities of the series are denominated, the manner in which such amount amounts shall be determined); (1510) the denominations in which Securities of the series shall be issuable, if other than U.S. $1,000 or integral multiples thereof, with respect to Registered Securities, and denominations of U.S. $1,000 and U.S. $5,000 for Unregistered Securities; (11) if other than the entire principal amount thereof, the portion of the principal amount of any Securities of the series which shall be payable upon declaration of acceleration of the Maturity maturity thereof or which the Trustee shall be entitled to claim pursuant to Section 5.02 or the method by which such portion shall be determined6.02; (1612) any modifications of or additions to the Events of Default or the covenants of the Company set forth herein with respect to Securities of the series; and whether and the conditions under which the Holders of the Securities of the series may waive will be issuable as Registered Securities or Unregistered Securities (with or without Coupons), or both, any such Event of Default or compliance with any such covenant relating restrictions applicable to the offer, sale or delivery of Unregistered Securities of such series; (17) if the principal amount payable at the Stated Maturity of any Securities of the series will not be determinable as of any one or more dates prior to the Stated Maturity, the amount which shall be deemed to be the principal amount of such Securities as of any such date for any purpose thereunder or hereunder, including the principal amount thereof which shall be due and payable upon any Maturity other than the Stated Maturity or which shall be deemed to be Outstanding as of any date prior to the Stated Maturity (or, in any such case, the manner in which such amount deemed to be the principal amount shall be determined); (18) if applicable, that the Securities of the series, in whole or any specified part, shall be defeasible pursuant to Section 15.02 or Section 15.03 or both such Sections and, if other than by a Board Resolutionas provided for in Section 2.05, the manner in terms upon which any election by Unregistered Securities of the Company to defease series may be exchanged for Registered Securities of such Securities shall be evidenced; (19) if applicable, that any series and vice versa; and whether the Securities of the series shall be issuable issued in whole or in part in the form of one or more Global Securities and, in such case, the respective Depositaries for such Global Securities, the form of any legend or legends which shall be borne by any such Global Security in addition to or in lieu of that set forth in Section 2.05 and any circumstances in addition to or in lieu of those set forth in clause (2) of the last paragraph of Section 3.05 in which any such Global Security may be exchanged in whole or in part for Securities registered, and any transfer of such Global Security in whole or in part may be registered, in the name or names of Persons other than the Depositary Depository for such Global Security or a nominee thereof; (20) Securities and whether any addition to or change in the Events of Default which applies to any Global Securities of the series are to be issuable initially in temporary form and whether any change Global Securities of the series are to be issuable in definitive form with or without Coupons and, if so, whether beneficial owners of interests in any such definitive Global Security may exchange such interests for Securities of such series and of like tenor of any authorized form and denomination, and the circumstances under which and the place or places where any such exchanges may occur, if other than in the right of the Trustee or the requisite Holders of such Securities to declare the principal amount thereof due and payable pursuant to manner provided in Section 5022.05; (2113) whether and under what circumstances the Corporation will pay Additional Amounts on the Securities of the series in respect of any addition tax, assessment or governmental charge withheld or deducted and, if so, whether the Corporation will have the option to or change in redeem such Securities rather than pay such Additional Amounts; (14) the covenants set forth in Article Ten which applies to provisions, if any, for the defeasance of the Securities of the series; (2215) if the Securities of such series are to be issuable in definitive form (whether upon original issue or upon exchange of a temporary Security of such series) only upon receipt of certain certificates or other documents or satisfaction of other conditions, the form and terms of such certificates, documents or conditions; (16) except as otherwise provided herein, any trustees, depositories, authenticating or paying agents, transfer agents, registrars or any other agents with respect to the Securities of such series; (17) the percentage of their principal amount at which the Securities are issued, if less than 100%; (18) any securities exchanges on which the Securities will be listed; (19) whether the Securities of the series will be convertible into Common Stock (or cash in lieu thereof) exchangeable for any securities of any Person and, if so, the terms and conditions upon which such of the conversion will be effectedor exchange; (2320) whether if the Securities of the series will are to be securedissued upon the exercise of warrants, the time, manner and if so, in what manner;place for such Securities to be authenticated and delivered; and (2421) any other terms of the series (which terms shall not be inconsistent with the provisions of this Indenture, except as permitted by Section 9.01(5)); (25) any agents for the series, including trustees, depositories, authenticating, conversion, calculation or paying agents, transfer agents or registrars; and (26) any other terms of the series, including any terms which may be required by or advisable under the laws of the United States of America or regulations thereunder or advisable (as determined by the Company) in connection with the marketing of Securities of the series. All Securities of any one series shall be substantially identical except (i) as to denomination denomination, (ii) that Securities of any series may be issuable as either Registered Securities or Unregistered Securities and except (iii) as may otherwise be provided in or pursuant to the such Board Resolution referred to above and (subject to Section 3.03) set forth, or determined forth in the manner provided, in the such Officers’ ' Certificate referred to above or in any such indenture supplemental hereto. All Not all Securities of any one series need not be issued at the same time time, and, unless otherwise provided, a series may be reopened, without the consent of the Holders, reopened for issuances of additional Securities of such series. If any of the terms of the Securities of any series are established by action taken pursuant to a Board Resolution, a copy of an appropriate record of such action shall be certified by the Secretary or an any Assistant Secretary of the Company Corporation and delivered to the Trustee at the same time as or prior to the delivery of the Officers’ ' Certificate setting forth the terms of the series. The Securities of each series shall have the benefit of the Subsidiary Guarantees unless the Company elects otherwise upon the establishment of a series pursuant to this Section 3.01.

Amount Unlimited; Issuable in Series. The aggregate principal amount of Securities which may be authenticated and delivered under this Indenture is unlimited. The Securities may be issued from time to time in one or more series, and each such series shall, except as otherwise provided as contemplated by this Section 3.01, rank equally and pari passu with all other unsecured and unsubordinated indebtedness of the Company. Prior to the issuance of Securities of any series, there There shall be established established, in or pursuant to a Board Resolution andResolution, subject to Section 3.03, and set forth, or determined in the manner provided, forth in an Officers’ Certificate, or established in one or more indentures supplemental hereto, prior to the initial issuance of Securities of any series, (1A) the title of the Securities of the series (which shall distinguish the Securities of the series from all other Securities, except to the extent that additional Securities of any other seriesan existing series are being, or will be, issued); (2B) whether the Securities of the series will or will not have the benefit of the Subsidiary Guarantees of the Subsidiary Guarantors; (3) the purchase price, denomination and any limit upon the aggregate principal amount of the Securities of the series which that may be authenticated and delivered under this Indenture (except for Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities of the series pursuant to Section 3.04, 3.05, 3.06, 9.06 4.03 or 11.07 and except for any 11.04); provided, however, that the authorized aggregate principal amount of such series may from time to time be increased above such amount by a Board Resolution to such effect or as provided in the supplemental indenture establishing the Securities which, pursuant to Section 3.03, are deemed never to have been authenticated and delivered hereunder)of such series; (4) the Person to whom any interest on a Security of the series shall be payable, if other than the Person in whose name that Security (or one or more Predecessor Securities) is registered at the close of business on the Regular Record Date for such interest; (5C) the date or dates on which the principal of any and premium, if any, on the Securities of the series is payableare payable or the method of determination thereof; (6D) the rate or rates (which may be fixed or variable), or the method of determination thereof, at which any the Securities of the series shall bear interest, if any, or the method of calculating such rate or rates of interest, the method of payment of interest (in particular, whether the interest will be paid in kind or otherwise), the date or dates from which any such interest shall accrue accrue, or the method by which such date or dates shall be determinedof determination thereof, the Interest Payment Dates on which any such interest shall be payable and the Regular Record Date Date, if any, for any such the interest payable on any Interest Payment Date; (7) the place or places where the principal of and any premium and interest on any Securities of the series shall be payable; (8) the place or places where the Securities may be exchanged or transferred and notices and demands to or upon the Company in respect of the Securities and this Indenture may be served; (9) the period or periods within which, the price or prices at which and the terms and conditions upon which any Securities of the series may be redeemed, in whole or in part, at the option of the Company and, if other than as provided in Section 11.03, the manner in which the particular Securities of such series (if less than all Securities of such series are to be redeemed) are to be selected for redemption; (10) the obligation, if any, of the Company to redeem or purchase any Securities of the series in whole or in part pursuant to any sinking fund or analogous provisions or upon the happening of a specified event, passage of time, or at the option of the Holder thereof and the period or periods within which, the price or prices at which and the terms and conditions upon which any Securities of the series shall be redeemed or purchased, in whole or in part, pursuant to such obligation; (11) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which any Securities of the series shall be issuable; (12) if the amount of payments of principal of or any premium or interest on any Securities of the series may be determined with reference to an index or pursuant to a formula or other method, the manner in which such amounts shall be determined; (13E) if other than the currency of the United States of AmericaStates, the currency, currency or currencies or currency units unit or units, including composite currencies, in which payment of the principal of of, premium, if any, or any premium or interest interest, if any, on any the Securities of the series shall be payable and the manner of determining the equivalent thereof in the currency of the United States of America for any purpose, including for purposes of the definition of “Outstanding” in Section 1.01; (14F) if the principal of of, premium, if any, or any premium or interest interest, if any, on any the Securities of the series is are to be payable, at the election of the Company Company, or the Holder thereofa Holder, in one a currency or more currencies or currency unit or units other than that or those in which such the Securities are stated to be payable, the currency, currencies or currency units in which the principal of or any premium or interest on such Securities as to which such election is made shall be payable, the period or periods within which which, and the terms and conditions upon which which, such election is may be made or the other circumstances under which any of such Securities are to be made so payable, and any provision requiring the amount so payable (or the manner in which Holder to bear currency exchange costs by deduction from such amount shall be determined)payments; (15G) if other than the entire principal amount thereof, the portion of the principal amount of payments of principal of, premium, if any, or interest, if any, on, any Securities of the series which shall be payable upon declaration of acceleration of the Maturity thereof pursuant to Section 5.02 or the method by which such portion shall be determined; (16) any modifications of or additions to the Events of Default or the covenants of the Company set forth herein with respect to Securities of the series; and whether and the conditions under which the Holders of the Securities of the series may waive be determined with reference to an index, formula, or other method, the manner in which such amounts shall be determined; (H) the place or places where the principal of, premium, if any, and interest, if any, on, the Securities of the series shall be payable, the place or places where the Securities of such series may be presented for registration of transfer or exchange, and the place or places where notices and demands to or upon the Company in respect of the Securities of such series may be made; (I) if applicable, the period or periods within or the date or dates on which, the price or prices at which, and the terms and conditions upon which, Securities of the series may be redeemed, in whole or in part, at the option of the Company; (J) if applicable, the period or periods within or the date or dates on which, the price or prices at which, and the terms and conditions upon which, Securities of the series may be redeemed, in whole or in part, at the option of the Holders; (K) the obligation or right, if any, of the Company to redeem, purchase or repay Securities of the series pursuant to any sinking fund or analogous provisions or at the option of a Holder thereof and the period or periods within which, the price or prices at which, the currency or currencies (including currency unit or units) in which and the other terms and conditions upon which Securities of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such Event obligation; (L) the terms of Default any right to convert or compliance with exchange Securities of the series, either at the option of the Holder thereof or the Company, into or for shares of common stock of the Company or other securities or property (whether of the Company, or any other Person), including, without limitation, the period or periods within which and the price or prices (including adjustments thereto) at which any Securities of the series shall be converted or exchanged, in whole or in part; (M) whether the Securities of the series, or any portion thereof, shall initially be issuable in the form of a temporary Global Security representing all or such covenant relating to portion of the Securities of such series and provisions for the exchange of such temporary Global Security for definitive Securities of such series; (17N) if whether the principal amount payable at the Stated Maturity of any Securities of the series will not be determinable as of any one or more dates prior to the Stated Maturity, the amount which shall be deemed to be the principal amount of such Securities as of any such date for any purpose thereunder or hereunder, including the principal amount thereof which shall be due and payable upon any Maturity other than the Stated Maturity or which shall be deemed to be Outstanding as of any date prior to the Stated Maturity (or, in any such case, the manner in which such amount deemed to be the principal amount shall be determined); (18) if applicable, that the Securities of the series, in whole or any specified part, shall be defeasible pursuant to Section 15.02 or Section 15.03 or both such Sections and, if other than by a Board Resolution, the manner in which any election by the Company to defease such Securities shall be evidenced; (19) if applicable, that any Securities of the series shall be issuable issued in whole or in part in the form of one or more Global Securities and, in such case, the respective Depositaries for such Global Securities, the form of any legend or legends which shall be borne by any such Global Security in addition to or in lieu of that set forth in Section 2.05 and any circumstances in addition to or in lieu of those set forth in clause (2) of the last paragraph of Section 3.05 in which any such Global Security may be exchanged in whole or in part for Securities registered, and any transfer of such Global Security in whole or in part may be registered, in the name or names of Persons other than the Depositary for such Global Security or a nominee Securities; (O) the denominations in which Securities of the series, if any, shall be issuable, if other than the denominations of $1,000 and any integral multiple thereof; (20P) if other than the principal amount thereof, the portion of the principal amount of any of the Securities of the series which shall be payable upon declaration of acceleration of the maturity thereof pursuant to Section 6.02; (Q) the application, if any, of Section 13.01, or such other means of satisfaction and discharge as may be specified for the Securities of the series; (R) whether the Securities of the series, in whole or any specified part, shall be subject to defeasance or covenant defeasance pursuant to Section 13.02 and, if so, the provisions relating thereto and the manner in which any election by the Company to provide for defeasance or covenant defeasance of such Securities shall be evidenced if different from the provisions herein relating thereto; (S) the appointment of any Paying Agent or Agents for the Securities of such series, if other than the Trustee; (T) any addition deletions from or modifications of or additions to or change in the Events of Default set forth in Section 6.01 which applies apply to any the Securities of the series and series, any change in the right of the Trustee or the requisite Holders of such Securities to declare the principal amount thereof due and payable pursuant to Section 5026.02 or any other modifications to Article VI; (21U) any addition deletions from or modifications of or additions to or change in the covenants set forth in Article Ten V which applies apply to the Securities of the series; (22V) whether any limitations on the rights of the Holders of the Securities of the Series to transfer or exchange such Securities or to obtain the registration of transfer thereof; (W) whether any payment or other obligations on Securities of such series will are to be convertible into Common Stock (or cash in lieu thereof) secured by any property and, if so, the terms nature of such security and conditions upon which such conversion will be effectedprovisions related thereto; (23X) whether payment of amounts due with respect to Securities of such series is subordinated in right of payment to the prior payment of any other indebtedness, and, if so, the extent and the manner of such subordinations and any other provisions relating thereto; (Y) the additions or changes, if any, to this Indenture with respect to the Securities of such series as shall be necessary to permit or facilitate the issuance of the Securities of such series in bearer form, registrable or not registrable as to principal, and with or without interest coupons; (Z) the form of the Securities of the series will (including legends, if any, to be securedimprinted thereon and the circumstances, and if soany, in what manner;which require the imprinting of such legends); and (24AA) any other terms of the series (which terms shall not be inconsistent with the provisions of this Indenture, except as permitted by Section 9.01(5)); (25) any agents for the series, including trustees, depositories, authenticating, conversion, calculation or paying agents, transfer agents or registrars; and (26) any other terms of the series, including any terms which may be required by or advisable under the laws of the United States of America or regulations thereunder or advisable (as determined by the Company) in connection with the marketing of Securities of the series. All Securities of any one series shall be substantially identical except as to denomination and except as may otherwise be provided in or pursuant to the Board Resolution referred to above and (subject to Section 3.03) set forth, or determined in the manner provided, in the Officers’ Certificate referred to above or in any such indenture supplemental hereto. All Securities of any one series need not be issued at the same time and, unless otherwise provided, a series may be reopened, without the consent of the Holders, for issuances of additional Securities of such seriesseries and any other deletions from or modification of or additions to this Indenture in respect of such Securities. If any of the terms of the Securities of any series are established by action taken pursuant to a one or more Board ResolutionResolutions, a copy of an appropriate record of such action shall be certified by the Secretary or an Assistant Secretary of the Company and delivered to the Trustee at or prior to the delivery initial issuance of the Securities of such series. No Officers’ Certificate setting forth may affect the terms Trustee’s own rights, duties or immunities under this Indenture or otherwise with respect to any series of the series. The Securities of each series shall have the benefit of the Subsidiary Guarantees unless the Company elects otherwise upon the establishment of a series pursuant to this Section 3.01except as it may agree in writing.

Amount Unlimited; Issuable in Series. The aggregate principal amount of Securities which may be authenticated and delivered under this Indenture is unlimited. The Securities may be issued from time to time in one or more series. Prior to the issuance of Securities of any series, there There shall be established in or pursuant to a Board Resolution and, subject to Section 3.03, set forth, or determined in the manner provided, in an Officers’ Certificate, or established in one or more indentures supplemental hereto, prior to the issuance of any Securities of any series,: (1a) the title of the Securities of the such series (which shall distinguish the Securities of the such series from Securities all other series of any other seriesSecurities); (2b) whether the Securities of the series will or will not have the benefit of the Subsidiary Guarantees of the Subsidiary Guarantors; (3) the purchase price, denomination and any limit upon the aggregate principal amount of the Securities of the such series which may be authenticated and delivered under this Indenture (except for Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities of the series pursuant to Section 3.04, 3.05, 3.06, 9.06 3.07, 4.07, or 11.07 and except for any Securities which, pursuant to Section 3.03, are deemed never to have been authenticated and delivered hereunderhereof); (4c) the Person date or dates, or the method by which such date or dates will be determined or extended, on which the principal of and premium, if any, on the Securities of such series is payable; (d) the Persons to whom any interest on a Security Securities of the such series shall be payable, if other than the Person Persons in whose name that Security (or one or more Predecessor Securities) is names such Securities are registered at the close of business on the Regular Record Date record date for such interest; (5) the date or dates on which the principal of any Securities of the series is payable; (6e) the rate or rates rates, or the method to be used in determining the rate or rates, at which any the Securities of the such series shall bear interest, if any, or the method of calculating such rate or rates of interest, the method of payment of interest (in particular, whether the interest will be paid in kind or otherwise), the date or dates from which any such interest shall accrue or the method by which such date or dates shall be determined, the Interest Payment Dates on which any such interest shall be payable and, if other than as set forth in Section 3.08 hereof, the record date for the determination of Holders to whom such interest is payable, and the Regular Record Date for any such interest payable on any basis upon which Interest Payment Dateshall be calculated if other than as set forth in Section 3.11; (7f) the place or places where at which (i) the principal of and any premium premium, if any, and interest interest, if any, on any Securities of the such series shall be payable; payable if other than as set forth in the third sentence of Section 12.02, (8) the place or places where the ii) registration of transfer of Securities of such series may be exchanged or transferred effected, (iii) exchanges of Securities of such series may be effected and notices (iv) notice and demands to or upon the Company in respect of the Securities of such series and this Indenture may be served; and if such is the case, that the principal of such Securities shall be payable without the presentment or surrender thereof; (9g) the price or prices at which, the period or periods within which, the price or prices at which and the terms and conditions upon which any Securities of the such series may be redeemed, in whole or in part, at the option of the Company andCompany, if other than as provided in Section 11.03, at the manner in which the particular Securities option of such series (if less than all Securities of such series are to be redeemed) are to be selected for redemptiona Holder or otherwise; (10h) the obligation, if any, of the Company to redeem redeem, purchase or purchase any repay Securities of the such series in whole or in part pursuant to any sinking fund or analogous provisions or upon the happening of a specified event, passage of time, or at the option of the a Holder thereof and the price or prices at which, the period or periods within which, the price or prices at which and the terms and conditions upon which any Securities of the such series shall be redeemed redeemed, purchased or purchasedrepaid, in whole or in part, pursuant to such obligation; (11i) if other than Dollars, the Foreign Currency or Foreign Currencies in which payment of the principal of and premium, if any, and interest, if any, on the Securities of such series shall be payable or in which such Securities will be denominated; (j) if the principal of and premium, if any, or interest, if any, on the Securities of such series are to be payable, at the election of the Company or a Holder thereof, in a coin or currency (including a composite currency) other than that in which such Securities are stated to be payable, the period or periods within which, and the terms and conditions upon which, such election may be made; (k) if denominated or payable in any coin or currency, including composite currencies, other than Dollars, or if the terms of the Securities provide that the principal amount thereof payable at maturity may be more or less than the principal face amount thereof at original issuance, the method by which the Securities of such series shall be valued, which may be any reasonable method, against the Securities of all other series for voting, the giving of any request, demand, authorization, direction, notice, consent or waiver, distribution and all other purposes hereof and any provisions required for purposes of applying Sections 6.01 and 6.02 hereof; (l) if the amount of payments of principal of and premium, if any, or interest, if any, on the Securities of such series may be determined with reference to an index, the formula or other method (which may be based on one or more currencies (including a composite currency), commodities, equity indices or other indices), and the manner in which such amounts shall be determined; (m) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which any Securities of the such series shall be issuable; (12) if the amount of payments of principal of or any premium or interest on any Securities of the series may be determined with reference to an index or pursuant to a formula or other method, the manner in which such amounts shall be determined; (13n) if other than the currency of the United States of America, the currency, currencies or currency units in which the principal of or any premium or interest on any Securities of the series shall be payable and the manner of determining the equivalent thereof in the currency of the United States of America for any purpose, including for purposes of the definition of “Outstanding” in Section 1.01; (14) if the principal of or any premium or interest on any Securities of the series is to be payable, at the election of the Company or the Holder thereof, in one or more currencies or currency units other than that or those in which such Securities are stated to be payable, the currency, currencies or currency units in which the principal of or any premium or interest on such Securities as to which such election is made shall be payable, the periods within which and the terms and conditions upon which such election is to be made and the amount so payable (or the manner in which such amount shall be determined); (15) if other than the entire principal amount thereof, the portion of the principal amount of any Securities of the such series which shall be payable upon declaration of acceleration of the Maturity thereof pursuant to Section 5.02 7.02 hereof or the method by which such portion shall be determined; (16o) any modifications of addition to, or additions to the Events of Default modification or the covenants of the Company set forth herein with respect to Securities of the series; and whether and the conditions under which the Holders of the Securities of the series may waive deletion of, any such Event of Default or compliance any covenant of the Company specified herein with any such covenant relating respect to the Securities of such series; (17p) if other than the rate of interest stated in the title of the Securities of such series, the applicable Overdue Rate; (q) if the principal amount payable at the Stated Maturity of any Securities of the such series will do not be determinable as of any one or more dates prior to the Stated Maturitybear interest, the amount which shall be deemed to be the principal amount applicable dates for purposes of such Securities as of any such date for any purpose thereunder or hereunder, including the principal amount thereof which shall be due and payable upon any Maturity other than the Stated Maturity or which shall be deemed to be Outstanding as of any date prior to the Stated Maturity (or, in any such case, the manner in which such amount deemed to be the principal amount shall be determined)Section 9.01 hereof; (18r) the inapplicability to the Securities of such series of Section 6.02 relating to satisfaction, discharge and defeasance of Securities or, if applicable, that any modification to Section 6.02 with respect to the Securities of the such series, in whole or any specified part, shall be defeasible pursuant to Section 15.02 or Section 15.03 or both such Sections and, ; (s) if other than by a Board ResolutionU.S. Bank National Association is to act as Trustee for the Securities of such series, the manner in which any election by the Company to defease name and Corporate Trust Office of such Securities shall be evidencedTrustee; (19t) if applicable, that any whether the Securities of the such series shall be issuable issued in whole or in part in the form of one a Global Security or more Global Securities and, in such casecase the terms and conditions, if any, upon which such Global Security or Securities may be exchanged in whole or in part for other definitive Securities, the respective Depositaries Depositary for such Global Securities, the form of any legend Security or legends Securities (which shall be borne by a clearing agency registered under the Exchange Act, or any other applicable statute or regulation, to the extent required thereunder), whether such Global Security in addition shall be permanent or temporary, any limitations on the rights of the Holder or Holders to transfer or in lieu exchange the same or to obtain the registration of that set forth in Section 2.05 and any circumstances transfer thereof in addition to or in lieu of those set forth in clause (2) Section 3.05, any limitations on the rights of the last paragraph Holder or Holders thereof to obtain certificates in definitive form, and, the provisions for determining the aggregate principal amount of Section 3.05 in which any such Global Security may be exchanged in whole or in part for Outstanding Securities registered, from time to time represented thereby and any transfer of such Global Security in whole or in part may be registered, in the name or names of Persons other than the Depositary for and all matters incidental to such Global Security or a nominee thereofSecurities; (20u) any addition to or change in the Events of Default which applies to any Securities of the series and any change in the right of the Trustee or the requisite Holders of such Securities to declare the principal amount thereof due and payable pursuant to Section 502; (21) any addition to or change in the covenants set forth in Article Ten which applies to Securities of the series; (22) whether if the Securities of such series may be converted into or exchanged for other securities of the series will be convertible into Common Stock (Company or cash in lieu thereof) and, if soany other Persons, the terms and conditions upon pursuant to which the Securities of such conversion will series may be effectedconverted or exchanged; (23v) whether if the principal of or premium, if any, or interest, if any, on the Securities of such series are to be payable, at the series will election of the Company or a Holder thereof, in securities or other property, the type and amount of such securities or other property, or the method by which such amount shall be secureddetermined, and if sothe periods within which, in what mannerand the terms and conditions upon which, any such election may be made; (24w) if the Securities of any such series are to be issuable as bearer securities, any and all matters incidental thereto; (x) if the Securities of such series are to be issued upon the exercise of a warrant or right, the time, manner and place for such Securities to be authenticated and delivered; and (y) any other terms of the Securities of such series (which terms shall not be inconsistent with the provisions of this Indenture, except as permitted by Section 9.01(5)); (25) conform to any agents for the series, including trustees, depositories, authenticating, conversion, calculation or paying agents, transfer agents or registrars; and (26) any other terms applicable requirements of the seriesTIA, including any terms which may be required by or advisable under and shall not materially adversely affect the laws rights of the United States of America or regulations thereunder or advisable (as determined by the Company) in connection with the marketing Holders of Securities of the seriesthen outstanding). All Securities of any one series shall be substantially identical except as to denomination principal amount and except as may otherwise be provided in or pursuant to the Board Resolution referred to above and (subject to Section 3.03) set forth, or determined in the manner provided, in the Officers’ Certificate referred to above or in any such indenture supplemental hereto. All Securities of any one series need not be issued at the same time and, unless otherwise provided, a series may be reopened, without the consent of the Holders, for issuances of additional Securities of such series. If any of the terms of the Securities of any series are established as contemplated by action taken pursuant to a Board Resolution, a copy of an appropriate record of such action shall be certified by the Secretary or an Assistant Secretary of the Company and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate setting forth the terms of the series. The Securities of each series shall have the benefit of the Subsidiary Guarantees unless the Company elects otherwise upon the establishment of a series pursuant to this Section 3.01.

Amount Unlimited; Issuable in Series. (a) The aggregate principal amount of Securities which that may be authenticated and delivered under this Indenture is unlimited. . (b) The Securities may be issued from time to time in one or more series. Prior to the issuance of Securities of any series, there shall be established in or pursuant to (i) a Board Resolution; (ii) action taken pursuant to a Board Resolution and, and (subject to Section 3.03, Sections 2.04 and 2.05) set forth, or determined in the manner provided, in an Officers’ Officer’s Certificate, ; or established in (iii) one or more indentures supplemental hereto, prior to the issuance of Securities of any series,: (1) the title of the Securities of the such series (which shall distinguish the Securities of the such series from all other Securities of any other seriesissued pursuant to the Indenture); (2) whether the Securities of the series will or will not have the benefit of the Subsidiary Guarantees of the Subsidiary Guarantors; (3) the purchase price, denomination and any limit upon the aggregate principal amount of the Securities of the such series which that may be authenticated and delivered under this Indenture (except for any Securities of such series authenticated and delivered upon registration of transfer of, in lieu of, or in exchange for, or in lieu of, other Securities of the such series pursuant to Section 3.04Sections 2.04, 3.052.06, 3.062.07, 9.06 2.09, 2.11, 3.09, 5.02 or 11.07 and except for any Securities which, pursuant to Section 3.03, are deemed never to have been authenticated and delivered hereunder10.05); (4) the Person to whom any interest on a Security of the series shall be payable, if other than the Person in whose name that Security (or one or more Predecessor Securities) is registered at the close of business on the Regular Record Date for such interest; (53) the date or dates on which the principal of any and premium, if any, on the Securities of the such series is payablepayable or the method of determination thereof; (64) the rate or rates at which any the Securities of the such series shall bear interest, if any, or the method of calculating such rate or rates of interest, the method of payment of interest ; (in particular, whether the interest will be paid in kind or otherwise), 5) the date or dates from which any such interest shall accrue or the method by which such date or dates shall be determined, the Interest Payment Dates on which any such interest shall be payable and the Regular Record Date Date, if any, for any such the interest payable on any Interest Payment Date; (6) if the Securities of such series will have the benefit of any Security Guarantees, the terms and conditions of any such guarantee or guarantees and the identities of any Security Guarantor or Guarantors; (7) the place or places where the principal of (and any premium premium, if any) and interest interest, if any, on any Securities of the series shall be payable; (8) the place or places where the Securities may be exchanged or transferred and notices and demands to or upon the Company in respect of the Securities and this Indenture may be servedtransferred; (9) the period or periods within which, the price or prices at which which, the currency or currencies (including currency unit or units) in which, and the other terms and conditions upon which any Securities of the such series may be redeemed, in whole or in part, at the option of the Company, if the Company is to have that option, and, if other than as provided in Section 11.035.02, the manner in which the particular Securities of such series (if less than all Securities of such series are to be redeemed) are to be selected for redemption; (10) the obligation, if any, of the Company to redeem or purchase any Securities of the such series in whole or in part pursuant to any sinking fund or analogous provisions or upon the happening of a specified event, passage of time, event or at the option of the a Holder thereof thereof, and the period or periods within which, the price or prices at which which, and the other terms and conditions upon which any Securities of the such series shall be redeemed or purchased, in whole or in part, pursuant to such obligation; (11) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which any Securities of the such series shall be issuable; (12) if the payments of principal of (and premium, if any) and interest, if any, on the Securities of such series are to be made, at the election of the Company or a Holder, in a currency or currencies (including currency unit or units) other than that in which such Securities are denominated or designated to be payable, the currency or currencies (including currency unit or units) in which such payments are to be made, the terms and conditions of such payments and the manner in which the exchange rate with respect to such payments shall be determined, and the particular provisions applicable thereto; (13) if the amount of payments of principal of or any premium or interest (and premium, if any) and interest, if any, on any the Securities of the such series may shall be determined with reference to an index or pursuant to a index, formula or other methodmethod (which index, formula or method may be based, without limitation, on a currency or currencies (including currency unit or units) other than that in which the Securities of such series are denominated or designated to be payable), the manner in index, formula or other method by which such amounts shall be determined; (1314) if if, other than the currency of the United States of America, the currency, currencies or currency units in which the principal of or any premium or interest on any Securities of the series shall be payable and the manner of determining the equivalent thereof in the currency of the United States of America for any purpose, including for purposes of the definition of “Outstanding” in Section 1.01; (14) if the principal of or any premium or interest on any Securities of the series is to be payable, at the election of the Company or the Holder thereof, in one or more currencies or currency units other than that or those in which such Securities are stated to be payable, the currency, currencies or currency units in which the principal of or any premium or interest on such Securities as to which such election is made shall be payable, the periods within which and the terms and conditions upon which such election is to be made and the amount so payable (or the manner in which such amount shall be determined); (15) if other than the entire principal amount thereof, the portion of the principal amount of any Securities of the such series which shall be payable upon declaration of acceleration of the Maturity Date thereof pursuant to Section 5.02 6.02 or the method by which such portion shall be determined; (1615) any modifications of or additions to the Events of Default or the covenants of the Company or any Security Guarantor set forth herein in this Indenture with respect to Securities of the series; and whether and the conditions under which the Holders of the Securities of the series may waive any such Event of Default or compliance with any such covenant relating to the Securities of such series; (16) under what circumstances, if any, the Company will pay additional amounts on the Securities of such series held by a Person who is not a U.S. Person in respect of taxes or similar charges withheld or deducted and, if so, whether the Company will have the option to redeem such Securities rather than pay such additional amounts (and the terms of any such option); (17) if either or both of Section 8.02 and Section 8.03 shall be inapplicable to the principal amount payable at the Stated Maturity of any Securities of the such series will not (provided, that if no such inapplicability shall be determinable as of any one or more dates prior specified, then both Section 8.02 and Section 8.03 shall be applicable to the Stated Maturity, the amount which shall be deemed to be the principal amount Securities of such Securities as of any such date for any purpose thereunder or hereunder, including the principal amount thereof which shall be due and payable upon any Maturity other than the Stated Maturity or which shall be deemed to be Outstanding as of any date prior to the Stated Maturity (or, in any such case, the manner in which such amount deemed to be the principal amount shall be determinedseries); (18) if applicableother than the Trustee, that the Securities identity of the series, in whole or Registrar and any specified part, shall be defeasible pursuant to Section 15.02 or Section 15.03 or both such Sections and, if other than by a Board Resolution, the manner in which any election by the Company to defease such Securities shall be evidencedPaying Agent; (19) if applicable, that any the Securities of the such series shall be issuable issued in whole or in part in global form, (i) the form of one or more Global Securities and, in such case, the respective Depositaries Depositary for such Global Securities, ; (ii) the form of any legend or legends which shall be borne by any such Global Security in addition to or in lieu of that set forth in Section 2.05 and any circumstances in addition to or in lieu of those set forth in clause (2) of the last paragraph of Section 3.05 in 2.08 which any shall be borne by such Global Security may be exchanged Securities; (iii) whether beneficial owners of interests in whole or in part for Securities registered, and any transfer of such Global Security in whole or in part may be registered, in the name or names of Persons other than the Depositary for such Global Security or a nominee thereof; (20) any addition to or change in the Events of Default which applies to any Securities of the series and any change in the right of the Trustee or the requisite Holders global form may exchange such interests for Certificated Securities of such Securities to declare series and of like tenor of any authorized form and denomination; and (iv) if other than as provided in Section 2.07, the principal amount thereof due and payable pursuant to Section 502;circumstances under which any such exchange may occur; and (21) any addition to or change in the covenants set forth in Article Ten which applies to Securities of the series; (22) whether the Securities of the series will be convertible into Common Stock (or cash in lieu thereof) and, if so, the terms and conditions upon which such conversion will be effected; (23) whether the Securities of the series will be secured, and if so, in what manner; (2420) any other terms of the series (which terms shall not be inconsistent with the provisions of this Indenture, except as permitted by Section 9.01(510.01, but which may modify or delete any provision of this Indenture insofar as it applies to such series)); (25) any agents for the series, including trustees, depositories, authenticating, conversion, calculation or paying agents, transfer agents or registrars; and (26) any other terms of the series, including any terms which may be required by or advisable under the laws of the United States of America or regulations thereunder or advisable (as determined by the Company) in connection with the marketing of Securities of the series. . (c) All Securities of any one series shall be substantially identical except as to denomination and except as may otherwise be provided in or (i) by a Board Resolution; (ii) by action taken pursuant to the a Board Resolution referred to above and (subject to Section 3.03Sections 2.04 and 2.05) set forth, or determined in the manner provided, in the Officers’ Certificate referred to above an Officer’s Certificate; or (iii) in any such indenture supplemental hereto. All Securities of any one series need not be issued at the same time and, unless otherwise provided, a series may be reopened, without the consent of the Holders, for issuances of additional Additional Securities of such series. , which shall be issued pursuant to Section 2.14 below. (d) If any of the terms of the Securities of any series are established by action taken pursuant to a Board Resolution, a copy of an appropriate record of such action shall be certified by the Secretary or an Assistant Secretary of the Company and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate setting forth forth, or providing the manner for determining, the terms of the series. The Securities of each such series, and an appropriate record of any action taken pursuant thereto in connection with the issuance of any Securities of such series shall have be delivered to the benefit of Trustee prior to the Subsidiary Guarantees unless the Company elects otherwise upon the establishment of a series pursuant to this Section 3.01authentication and delivery thereof.

Amount Unlimited; Issuable in Series. The aggregate principal amount of Securities which may be authenticated and delivered under this Indenture is unlimited. The Securities may be issued from time to time in one or more series. Prior to the issuance of Securities of any series, there . (a) The following matters shall be established in or with respect to each series of Securities issued hereunder (i) by a Board Resolution, (ii) by action taken pursuant to a Board Resolution and, and (subject to Section 3.03, 3.3) set forth, or determined in the manner provided, in an Officers’ Certificate, Certificate or established (iii) in one or more indentures supplemental hereto, prior to the issuance of Securities of any series,: (1) the title of the Securities of the series (which title shall distinguish the Securities of the series from Securities all other series of any other seriesSecurities); (2) whether the Securities of the series will or will not have the benefit of the Subsidiary Guarantees of the Subsidiary Guarantors; (3) the purchase price, denomination and any limit upon the aggregate principal amount of the Securities of the series which may be authenticated and delivered under this Indenture (except for which limit shall not pertain to Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities of the series pursuant to Section 3.043.4, 3.053.5, 3.063.6, 9.06 8.6, or 11.07 and except for any Securities which, pursuant to Section 3.03, are deemed never to have been authenticated and delivered hereunder10.7); (4) the Person to whom any interest on a Security of the series shall be payable, if other than the Person in whose name that Security (or one or more Predecessor Securities) is registered at the close of business on the Regular Record Date for such interest; (53) the date or dates on which the principal of any and premium, if any, on the Securities of the series is payablepayable or the method of determination and/or extension of such date or dates, and the amount or amounts of such principal and premium, if any, payments or the method of determination thereof; (64) the rate or rates at which any the Securities of the series shall bear interest, if any, or the method of calculating and/or resetting such rate or rates of interest, the method of payment of interest (in particular, whether the interest will be paid in kind or otherwise), the date or dates from which any such interest shall accrue or the method by which such date or dates shall be determined, the Interest Payment Dates on which any such interest shall be payable and and, with respect to Registered Securities, the Regular Record Date Date, if any, for any such the interest payable on any Registered Security on any Interest Payment Date; (75) the circumstances, if any, in which payments of principal, premium, if any, or interest on the Securities of the series may be deferred; (6) the place or places where the principal of of, premium, if any, and any premium and interest interest, if any, on any Securities of the series shall be payable; (8) the place or places where the Securities may be exchanged or transferred and notices and demands to or upon the Company in respect of the Securities and this Indenture may be served; (97) the period or periods within which, the price or prices at which which, the currency or currencies (including composite currencies or currency units) in which, and the other terms and conditions upon which any which, Securities of the series may be redeemed, in whole or in part, at the option of the Company and, if other than as provided in Section 11.0310.3, the manner in which the particular Securities of such series (if less than all Securities of such series are to be redeemed) are to be selected for redemption; (10) 8) the obligation, if any, of the Company to redeem or purchase any Securities of the series in whole or in part pursuant to any sinking fund or analogous provisions or upon the happening of a specified event, passage of time, event or at the option of the a Holder thereof and the period or periods within which, the price or prices at which which, and the other terms and conditions upon which any which, Securities of the series shall be redeemed or purchased, in whole or in part, pursuant to such obligation; (119) if other than denominations of $1,000 and any integral multiple thereof, if Registered Securities, and if other than the denomination of $5,000 and any integral multiple thereof, if Bearer Securities, the denominations in which any Securities of the series shall be issuable; (10) the amount of discount, if any, with which the Securities of the series will be issued; (11) if other than Dollars, the currency or currencies (including composite currency or currencies or currency units) in which any principal of, premium, if any, and interest, if any, or other payments, if any, on the Securities of the series shall be payable, or in which the Securities of the series shall be denominated, and the particular provisions applicable thereto in accordance with, in addition to, or in lieu of some or all of the provisions of Section 3.11; (12) if any payments of principal of, premium, if any, or interest, if any, or other payments, if any, on the Securities of the series are to be made, at the election of the Company or a Holder, in a currency or currencies (including composite currency or currencies or currency units) other than that in which such Securities are denominated or designated to be payable, the currency or currencies (including composite currency or currencies or currency units) in which such payments are to be made, the terms and conditions of such payments and the manner in which the exchange rate with respect to such payments shall be determined, and the particular provisions applicable thereto in accordance with, in addition to, or in lieu of some or all of the provisions of Section 3.11; (13) if the amount of any payments of principal of of, premium, if any, and interest, if any, or any premium or interest other payments, if any, on any the Securities of the series may shall be determined with reference to an index or pursuant to a index, formula or other methodmethod (which index, formula or method may be based, without limitation, on the price of one or more commodities, derivatives or securities; one or more securities, derivatives or commodities exchange indices or other indices; a currency or currencies (including composite currency or currencies or currency units) other than that in which the Securities of the series are denominated or designated to be payable; or any other variable or the relationship between any variables or combination of variables), the manner in index, formula or other method by which such amounts shall be determined; (1314) if other than the currency of the United States of America, the currency, currencies or currency units in which the principal of or any premium or interest on any Securities of the series shall be payable and the manner of determining the equivalent thereof in the currency of the United States of America for any purpose, including for purposes of the definition of “Outstanding” in Section 1.01; (14) if the principal of or any premium or interest on any Securities of the series is to be payable, at the election of the Company or the Holder thereof, in one or more currencies or currency units other than that or those in which such Securities are stated to be payable, the currency, currencies or currency units in which the principal of or any premium or interest on such Securities as to which such election is made shall be payable, the periods within which and the terms and conditions upon which such election is to be made and the amount so payable (or the manner in which such amount shall be determined); (15) if other than the entire principal amount thereof, the portion of the principal amount of any such Securities of the series or other amount which shall be payable upon declaration of acceleration of the Maturity thereof pursuant to Section 5.02 5.2 or the method by which such portion or amount shall be determined; (1615) if other than as provided in Section 3.7, the Person to whom any modifications interest on any Registered Security of or additions to the Events of Default series shall be payable and the manner in which, or the covenants of the Company set forth herein with respect Person to Securities of the series; and whether and the conditions under which the Holders of the whom, any interest on any Bearer Securities of the series may waive any such Event of Default or compliance with any such covenant relating to the Securities of such seriesshall be payable; (1716) if the principal amount payable at the Stated Maturity of any Securities of the series will not be determinable as of any one or more dates prior to the Stated Maturity, the amount which shall be deemed to be the principal amount of such Securities as of any such date for any purpose thereunder hereunder or hereunderthereunder, including the principal amount thereof which shall be due and payable upon any Maturity or, if other than as provided in the Stated Maturity or definition of the term “Outstanding”, which shall be deemed to be Outstanding as of any date prior to the Stated Maturity (or, in any such case, the manner in which such amount deemed to be the principal amount shall be determined); (17) provisions, if any, granting special rights to the Holders of Securities of the series upon the occurrence of such events as may be specified; (18) if applicableany deletions from, that modifications of or additions to the Events of Default set forth in Section 5.1 or covenants of the Company set forth in Article IX pertaining to the Securities of the series, in whole or any specified part, shall be defeasible pursuant to Section 15.02 or Section 15.03 or both such Sections and, if other than by a Board Resolution, the manner in which any election by the Company to defease such Securities shall be evidenced; (19) under what circumstances, if applicableany, the Company will pay additional amounts on the Securities of that series held by a Person who is not a U.S. Person in respect of taxes or similar charges withheld or deducted and, if so, whether the Company will have the option to redeem such Securities rather than pay such additional amounts (and the terms of any such option); (20) whether Securities of the series shall be issuable as Registered Securities or Bearer Securities (with or without interest coupons), or both, and any restrictions applicable to the offering, sale or delivery of Bearer Securities and, if other than as provided in Section 3.5, the terms upon which Bearer Securities of a series may be exchanged for Registered Securities of the same series and vice versa, and the additions or changes, if any, to this Indenture, with respect to the Securities of such series as shall be necessary to permit or facilitate the issuance of the Securities of such series; (21) the date as of which any Bearer Securities of the series and any temporary global Security representing Outstanding Securities of the series shall be dated if other than the date of original issuance of the first Security of the series to be issued; (22) the forms of the Securities and coupons, if any, of the series, including if the Securities of the series will be executed by more than one signatory of the Company; (23) the exclusion of Section 4.4 or 4.5, or both, with respect to the Securities of or within the series, or the applicability, if any, to the Securities of or within the series of such means of defeasance or covenant defeasance other than those provided in Sections 4.4 and 4.5 as may be specified for the Securities and coupons, if any, of such series, and whether, for the purpose of any defeasance or covenant defeasance pursuant to Section 4.4 or 4.5 or otherwise, the term “Government Obligations” shall include obligations referred to in the definition of such term which are not obligations of the United States or an agency or instrumentality of the United States; (24) if other than the Trustee, the identity of the Registrar and any Paying Agent; (25) any terms which may be related to warrants issued by the Company in connection with, or for the purchase of, Securities of such series, including whether and under what circumstances the Securities of any series may be used toward the exercise price of any such warrants; (26) the designation of the initial Exchange Rate Agent, if any; (27) if the Securities of the series shall be issued in whole or in part in global form, (i) the form of one or more Global Securities and, in such case, the respective Depositaries Depositary for such Global global Securities, (ii) the form of any legend or legends which shall be borne by any such Global Security in addition to or in lieu of that set forth in Section 2.05 and any circumstances 2.4 which shall be borne by such global Securities, (iii) whether beneficial owners of interests in addition to or in lieu of those set forth in clause (2) of the last paragraph of Section 3.05 in which any such Global Security may be exchanged in whole or in part for Securities registered, and any transfer of such Global Security in whole or in part may be registered, in the name or names of Persons other than the Depositary for such Global Security or a nominee thereof; (20) any addition to or change in the Events of Default which applies to any Securities of the series and any change in the right of the Trustee or the requisite Holders global form may exchange such interests for certificated Securities of such Securities to declare series and of like tenor of any authorized form and denomination, and (iv) if other than as provided in Section 3.5, the principal amount thereof due and payable pursuant to Section 502circumstances under which any such exchange may occur; (2128) if Securities in temporary global form are issued, any addition special terms and conditions for payments thereon and for exchanges or transfers of beneficial interests therein; (29) the terms and conditions of any obligation or right on the part of the Company, or any option on the part of the Holders, to convert or change in the covenants set forth in Article Ten which applies to exchange Securities of the seriesseries into other securities, cash or property of the Company or any other Person, and any changes to this Indenture to permit or facilitate such conversion or exchange; (2230) whether if the Securities of the series will be convertible into Common Stock governed by, and the extent to which such Securities will be governed by, any law other than the laws of the state of Michigan; (or cash in lieu thereof31) and, whether the Guarantor will guarantee the obligations of the Company under the Securities of such series and if so, the specific form of such Guarantee or Guarantees, any related modifications, amendments, supplements or deletions of any of the terms of this Indenture, and conditions upon a statement that the Guarantor shall be an “obligor” as such term is defined in and solely for purposes of the Trust Indenture Act and shall be required to comply with those provisions of this Indenture compliance with which such conversion will be effected;is required by an “obligor” under the Trust Indenture Act; and (23) whether the Securities of the series will be secured, and if so, in what manner; (2432) any other terms of the series or any related Guarantee (which terms shall not be inconsistent with the provisions of this Indenturethe Trust Indenture Act, except as permitted by Section 9.01(5)); (25) but may modify, amend, supplement or delete any agents for of the series, including trustees, depositories, authenticating, conversion, calculation or paying agents, transfer agents or registrars; and (26) any other terms of the this Indenture with respect to such series), including any terms which may be required by or advisable under the laws of the United States of America laws or regulations thereunder or advisable (as determined by the Company) in connection with the marketing of Securities of the series. All ; provided, that if the Guarantor will guarantee the obligations of the Company under the Securities of a series, such matters shall be established in one or more indenture supplements hereto to which the Company, the Guarantor and the Trustee shall be a party. (b) The terms applicable to the Securities of any one series shall and coupons, if any, appertaining to any Bearer Securities of such series need not be substantially identical except as to denomination and except but may vary as may otherwise be provided in or (i) by a Board Resolution, (ii) by action taken pursuant to the a Board Resolution referred to above and (subject to Section 3.033.3) set forth, or determined in the manner provided, in the related Officers’ Certificate referred to above or (iii) in any such an indenture supplemental hereto. All Securities of any one series need not be issued at the same time and, unless otherwise provided, a series may be reopened, without the consent of the Holders, for issuances of additional Securities of such series. . (c) If any of the terms of the Securities of any series are established by action taken pursuant to a Board Resolution, a copy of an appropriate record of such action Board Resolution shall be certified by the Secretary or an Assistant Secretary of the Company and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate setting forth forth, or providing the manner for determining, the terms of the series. The Securities of each such series, and an appropriate record of any action taken pursuant thereto in connection with the issuance of any Securities of such series shall have be delivered to the benefit of Trustee prior to the Subsidiary Guarantees unless the Company elects otherwise upon the establishment of a series pursuant to this Section 3.01authentication and delivery thereof.

Amount Unlimited; Issuable in Series. The aggregate principal amount of Securities which that may be authenticated and delivered under this Indenture is unlimited. The Securities may be issued from time to time in one or more series. Prior to the issuance of Securities of any series, there There shall be established in or pursuant to a Board Resolution andResolution, subject to Section 3.03, and set forth, or determined in the manner provided, forth in an Officers’ Officer’s Certificate, or established in one or more indentures supplemental hereto, hereto prior to the issuance of Securities of any series,: (1a) the title of the Securities of and the series (in which such Securities shall distinguish the Securities of the series from Securities of any other series)be included; (2) whether the Securities of the series will or will not have the benefit of the Subsidiary Guarantees of the Subsidiary Guarantors; (3b) the purchase pricelimit, denomination and any limit if any, upon the aggregate principal amount of the Securities of such title and the Securities of such series which that may be authenticated and delivered under this Indenture (except for Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities of the series pursuant to Section 3.043.4, 3.053.5, 3.063.6, 9.06 9.6 or 11.07 and except for any Securities which, pursuant to Section 3.03, are deemed never to have been authenticated and delivered hereunder11.7); (4c) the Person to whom any interest on a Security whether Securities of the series shall may be payableissued in whole or in part in global form and, if other than so, the Person in whose name that Security (or one or more Predecessor Securities) is registered at identity of the close of business on the Regular Record Date Depositary for such interestSecurities in global form, and the terms and conditions, if any, upon which interests in such Securities in global form may be exchanged, in whole or in part, for the individual Securities represented thereby; (5d) the date or dates on which the principal of any such Securities of the series is payable; (6e) the rate or rates at which any such Securities of the series shall bear interest, if any, or the method of calculating by which such rate or rates of interest, the method of payment of interest (in particular, whether the interest will be paid in kind or otherwise)are determined, the date or dates from which any such interest shall accrue or the method by which such date or dates shall be determinedaccrue, the Interest Payment Dates on which any such interest shall be payable and the Regular Record Date for any such the interest payable on Registered Securities on any Interest Payment Date, and the basis upon which interest shall be calculated if other than that of a 360-day year of twelve 30-day months; (7f) the place or places places, if any, in addition to or other than the Corporate Trust Office, where the principal of (and any premium premium, if any) and interest on any on, payable in respect of such Securities of the series shall be payable; (8) the place or places , where the such Securities may be exchanged or transferred surrendered for registration of transfer, where such Securities may be surrendered for exchange and notices where notice and demands to or upon the Company Issuers, in respect of the such Securities and this Indenture Indenture, may be servedserved and where notices to Holders pursuant to Section 1.6 will be published; (9g) the period or periods within which, the price or prices at which and the terms and conditions upon which any such Securities of the series may be redeemed, in whole or in part, at the option of the Company Issuers or a Holder and, if in furtherance thereof, any addition to, elimination of, replacement of or other than as provided change in Section 11.03, the manner in which the particular Securities of such series (if less than all Securities of such series are to be redeemed) are to be selected for redemptionArticle 11; (10h) the obligation, if any, of the Company Issuers to redeem or purchase any such Securities of the series in whole or in part pursuant to any sinking fund or analogous provisions or upon the happening of a specified event, passage of time, or at the option of the Holder thereof and the period or periods within which, the price or prices at which and the terms and conditions upon which any such Securities of the series shall be redeemed or purchased, in whole or in part, pursuant to such obligation; (11i) the denominations in which Securities of the series, if any, shall be issuable if other than denominations of $1,000 2,000 and any integral multiple multiples of $1,000 in excess thereof; (j) if other than the principal amount thereof, the denominations in which any Securities portion of the series principal amount of such Securities that shall be issuablepayable upon acceleration of the Maturity thereof pursuant to Section 5.2; (12k) if the amount of payments of principal of (and premium, if any) or any premium or interest interest, if any, on any such Securities of the series may be determined with reference to an index or pursuant to a index, formula or other methodmethod other than that in which the Securities are stated to be payable, the manner in which such amounts shall be determined; (13l) if the Securities of such series are to be issuable in definitive form (whether upon original issue or upon exchange of a temporary Security of such series) only upon receipt of certain certificates or other documents or satisfaction of other conditions, then the form and terms of such certificates, documents or conditions; (m) any addition to, elimination of, replacement of or other change in Article 5; (n) whether and upon what terms the Securities of any series may be defeased if different from the provisions set forth herein; (o) any addition to, elimination of, replacement of or other change in the covenants in Article 10; (p) the currency, currencies or currency units in which payment of principal of (and premium, if any) or interest, if any, on any Securities of the series shall be payable if other than the currency of the United States of America, the currency, currencies or currency units in which the principal of or any premium or interest on any Securities of the series shall be payable and the manner of determining the equivalent thereof in the currency of the United States of America for any purpose, including for purposes of the definition of “Outstanding” in Section 1.01; (14q) if the principal of (and premium, if any) or any premium or interest interest, if any, on any Securities of the series is to be payable, at the election of the Company Issuers or the a Holder thereof, in one or more currencies or currency units other than that or those in which such the Securities are stated to be payable, the currency, currencies or currency units in which the principal of (and premium, if any) or interest, if any, on any premium or interest on Securities of such Securities series as to which such election is made shall be payable, and the periods within which and the terms and conditions upon which such election is to be made and the amount so payable (or the manner in which such amount shall be determined)made; (15) if other than the entire principal amount thereof, the portion of the principal amount of any Securities of the series which shall be payable upon declaration of acceleration of the Maturity thereof pursuant to Section 5.02 or the method by which such portion shall be determined; (16) any modifications of or additions to the Events of Default or the covenants of the Company set forth herein with respect to Securities of the series; and whether and the conditions under which the Holders of the Securities of the series may waive any such Event of Default or compliance with any such covenant relating to the Securities of such series; (17) if the principal amount payable at the Stated Maturity of any Securities of the series will not be determinable as of any one or more dates prior to the Stated Maturity, the amount which shall be deemed to be the principal amount of such Securities as of any such date for any purpose thereunder or hereunder, including the principal amount thereof which shall be due and payable upon any Maturity other than the Stated Maturity or which shall be deemed to be Outstanding as of any date prior to the Stated Maturity (or, in any such case, the manner in which such amount deemed to be the principal amount shall be determined); (18) if applicable, that the Securities of the series, in whole or any specified part, shall be defeasible pursuant to Section 15.02 or Section 15.03 or both such Sections and, if other than by a Board Resolution, the manner in which any election by the Company to defease such Securities shall be evidenced; (19) if applicable, that any Securities of the series shall be issuable in whole or in part in the form of one or more Global Securities and, in such case, the respective Depositaries for such Global Securities, the form of any legend or legends which shall be borne by any such Global Security in addition to or in lieu of that set forth in Section 2.05 and any circumstances in addition to or in lieu of those set forth in clause (2) of the last paragraph of Section 3.05 in which any such Global Security may be exchanged in whole or in part for Securities registered, and any transfer of such Global Security in whole or in part may be registered, in the name or names of Persons other than the Depositary for such Global Security or a nominee thereof; (20) any addition to or change in the Events of Default which applies to any Securities of the series and any change in the right of the Trustee or the requisite Holders of such Securities to declare the principal amount thereof due and payable pursuant to Section 502; (21) any addition to or change in the covenants set forth in Article Ten which applies to Securities of the series; (22r) whether the Securities of the series will be convertible into Common Stock (or cash in lieu thereof) andguaranteed, if soincluding by Parent, and the terms of any such guarantee, the terms and conditions upon which of such conversion will be effectedguarantees and provisions for the accession of the guarantors to certain obligations hereunder or any provisions for termination of guarantees, including any addition to, elimination of, replacement of or other change in Article 8; (23s) whether the Securities of the series will be secured, and if so, in what mannerhave any conversion features; (24t) any addition to, elimination of, replacement of or other change in Article 1, Article 4, Article 7, Article 8, Article 9, Article 12 and Article 13; and (u) any other terms of the series such Securities (which terms shall not be inconsistent with the provisions of this Indenture, Indenture except as permitted by Section 9.01(59.1(d)); (25) any agents for the series, including trustees, depositories, authenticating, conversion, calculation or paying agents, transfer agents or registrars; and (26) any other terms of the series, including any terms which may be required by or advisable under the laws of the United States of America or regulations thereunder or advisable (as determined by the Company) in connection with the marketing of Securities of the series. All Securities of any one series shall be substantially identical except as to denomination and the rate or rates of interest, if any, issue date, issue price, redemption dates and sinking fund dates, if any, and Stated Maturity, the date from which interest, if any, shall accrue, the amount that shall be payable upon the declaration of acceleration and except as may otherwise be provided in or pursuant to the such Board Resolution referred to above and (subject to Section 3.03) set forth, or determined forth in the manner provided, in the Officers’ such Officer’s Certificate referred to above or in any such indenture supplemental hereto. All Securities of any one series need not be issued at the same time and, unless otherwise provided, a series may be reopened, without the consent of the Holders, reopened for issuances of additional Securities of such series. If any of the terms of the Securities of any series are were established by action taken pursuant to a Board Resolution, a copy of an appropriate record of such action shall be certified by the Secretary or an Assistant Secretary of each of the Company Issuers, or with respect to the Partnership, the Secretary or Assistant Secretary of its general partner, and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate setting forth the terms of the such series. The Securities of each series shall have the benefit of the Subsidiary Guarantees unless the Company elects otherwise upon the establishment of a series pursuant to this Section 3.01.

Amount Unlimited; Issuable in Series. (a) The aggregate principal amount of Securities which that may be authenticated and delivered under this Indenture is unlimited. . (b) The Securities may be issued from time to time in one or more series. Prior to the issuance of Securities of any series, there shall be established in or pursuant to (i) a Board Resolution; (ii) action taken pursuant to a Board Resolution and, and (subject to Section 3.03, Sections 2.04 and 2.05) set forth, or determined in the manner provided, in an Officers’ Officer’s Certificate, ; or established in (iii) one or more indentures supplemental hereto, prior to the issuance of Securities of any series,: (1) the title of the Securities of the such series (which shall distinguish the Securities of the such series from all other Securities of any other seriesissued pursuant to the Indenture); (2) whether the Securities of the series will or will not have the benefit of the Subsidiary Guarantees of the Subsidiary Guarantors; (3) the purchase price, denomination and any limit upon the aggregate principal amount of the Securities of the such series which that may be authenticated and delivered under this Indenture (except for any Securities of such series authenticated and delivered upon registration of transfer of, in lieu of, or in exchange for, or in lieu of, other Securities of the such series pursuant to Section 3.04Sections 2.04, 3.052.06, 3.062.07, 9.06 2.09, 2.11, 3.09, 5.02 or 11.07 and except for any Securities which, pursuant to Section 3.03, are deemed never to have been authenticated and delivered hereunder10.05); (4) the Person to whom any interest on a Security of the series shall be payable, if other than the Person in whose name that Security (or one or more Predecessor Securities) is registered at the close of business on the Regular Record Date for such interest; (53) the date or dates on which the principal of any and premium, if any, on the Securities of the such series is payablepayable or the method of determination thereof; (64) the rate or rates at which any the Securities of the such series shall bear interest, if any, or the method of calculating such rate or rates of interest, the method of payment of interest ; (in particular, whether the interest will be paid in kind or otherwise), 5) the date or dates from which any such interest shall accrue or the method by which such date or dates shall be determined, the Interest Payment Dates on which any such interest shall be payable and the Regular Record Date Date, if any, for any such the interest payable on any Interest Payment Date; (6) if the Securities of such series will have the benefit of any Security Guarantees, the terms and conditions of any such guarantee or guarantees and the identities of any Security Guarantor or Guarantors; (7) the place or places where the principal of (and any premium premium, if any) and interest interest, if any, on any Securities of the series shall be payable; (8) the place or places where the Securities may be exchanged or transferred and notices and demands to or upon the Company in respect of the Securities and this Indenture may be servedtransferred; (9) the period or periods within which, the price or prices at which which, the currency or currencies (including currency unit or units) in which, and the other terms and conditions upon which any Securities of the such series may be redeemed, in whole or in part, at the option of the Company, if the Company is to have that option, and, if other than as provided in Section 11.035.02, the manner in which the particular Securities of such series (if less than all Securities of such series are to be redeemed) are to be selected for redemption; (10) the obligation, if any, of the Company to redeem or purchase any Securities of the such series in whole or in part pursuant to any sinking fund or analogous provisions or upon the happening of a specified event, passage of time, event or at the option of the a Holder thereof thereof, and the period or periods within which, the price or prices at which which, and the other terms and conditions upon which any Securities of the such series shall be redeemed or purchased, in whole or in part, pursuant to such obligation; (11) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which any Securities of the such series shall be issuable; (12) if the payments of principal of (and premium, if any) and interest, if any, on the Securities of such series are to be made, at the election of the Company or a Holder, in a currency or currencies (including currency unit or units) other than that in which such Securities are denominated or designated to be payable, the currency or currencies (including currency unit or units) in which such payments are to be made, the terms and conditions of such payments and the manner in which the exchange rate with respect to such payments shall be determined, and the particular provisions applicable thereto; (13) if the amount of payments of principal of or any premium or interest (and premium, if any) and interest, if any, on any the Securities of the such series may shall be determined with reference to an index or pursuant to a index, formula or other methodmethod (which index, formula or method may be based, without limitation, on a currency or currencies (including currency unit or units) other than that in which the Securities of such series are denominated or designated to be payable), the manner in index, formula or other method by which such amounts shall be determined; (1314) if if, other than the currency of the United States of America, the currency, currencies or currency units in which the principal of or any premium or interest on any Securities of the series shall be payable and the manner of determining the equivalent thereof in the currency of the United States of America for any purpose, including for purposes of the definition of “Outstanding” in Section 1.01; (14) if the principal of or any premium or interest on any Securities of the series is to be payable, at the election of the Company or the Holder thereof, in one or more currencies or currency units other than that or those in which such Securities are stated to be payable, the currency, currencies or currency units in which the principal of or any premium or interest on such Securities as to which such election is made shall be payable, the periods within which and the terms and conditions upon which such election is to be made and the amount so payable (or the manner in which such amount shall be determined); (15) if other than the entire principal amount thereof, the portion of the principal amount of any Securities of the such series which shall be payable upon declaration of acceleration of the Maturity Date thereof pursuant to Section 5.02 6.02 or the method by which such portion shall be determined; (1615) any modifications of or additions to the Events of Default or the covenants of the Company or any Security Guarantor set forth herein in this Indenture with respect to Securities of the series; and whether and the conditions under which the Holders of the Securities of the series may waive any such Event of Default or compliance with any such covenant relating to the Securities of such series; (16) under what circumstances, if any, the Company will pay additional amounts on the Securities of such series held by a Person who is not a U.S. Person in respect of taxes or similar charges withheld or deducted and, if so, whether the Company will have the option to redeem such Securities rather than pay such additional amounts (and the terms of any such option); (17) if either or both of Section 8.02 and Section 8.03 shall be inapplicable to the principal amount payable at the Stated Maturity of any Securities of the such series will not (provided, that if no such inapplicability shall be determinable as of any one or more dates prior specified, then both Section 8.02 and Section 8.03 shall be applicable to the Stated Maturity, the amount which shall be deemed to be the principal amount Securities of such Securities as of any such date for any purpose thereunder or hereunder, including the principal amount thereof which shall be due and payable upon any Maturity other than the Stated Maturity or which shall be deemed to be Outstanding as of any date prior to the Stated Maturity (or, in any such case, the manner in which such amount deemed to be the principal amount shall be determinedseries); (18) if applicableother than the Trustee, that the Securities identity of the series, in whole or Registrar and any specified part, shall be defeasible pursuant to Section 15.02 or Section 15.03 or both such Sections and, if other than by a Board Resolution, the manner in which any election by the Company to defease such Securities shall be evidencedPaying Agent; (19) if applicable, that any the Securities of the such series shall be issuable issued in whole or in part in global form, (i) the form of one or more Global Securities and, in such case, the respective Depositaries Depositary for such Global Securities, ; (ii) the form of any legend or legends which shall be borne by any such Global Security in addition to or in lieu of that set forth in Section 2.05 and any circumstances in addition to or in lieu of those set forth in clause (2) of the last paragraph of Section 3.05 in 2.08 which any shall be borne by such Global Security may be exchanged Securities; (iii) whether beneficial owners of interests in whole or in part for Securities registered, and any transfer of such Global Security in whole or in part may be registered, in the name or names of Persons other than the Depositary for such Global Security or a nominee thereof; (20) any addition to or change in the Events of Default which applies to any Securities of the series and any change in the right of the Trustee or the requisite Holders global form may exchange such interests for Certificated Securities of such Securities to declare the principal amount thereof due series and payable pursuant to of like tenor of any authorized form and denomination; and (iv) if other than as provided in Section 502; (21) any addition to or change in the covenants set forth in Article Ten which applies to Securities of the series; (22) whether the Securities of the series will be convertible into Common Stock (or cash in lieu thereof) and, if so2.07, the terms circumstances under which any such exchange may occur; and conditions upon which such conversion will be effected; (23) whether the Securities of the series will be secured, and if so, in what manner; (2420) any other terms of the series (which terms shall not be inconsistent with the provisions of this Indenture, except as permitted by Section 9.01(510.01, but which may modify or delete any provision of this Indenture insofar as it applies to such series)); (25) any agents for the series, including trustees, depositories, authenticating, conversion, calculation or paying agents, transfer agents or registrars; and (26) any other terms of the series, including any terms which may be required by or advisable under the laws of the United States of America or regulations thereunder or advisable (as determined by the Company) in connection with the marketing of Securities of the series. . (c) All Securities of any one series shall be substantially identical except as to denomination and except as may otherwise be provided in or (i) by a Board Resolution; (ii) by action taken pursuant to the a Board Resolution referred to above and (subject to Section 3.03Sections 2.04 and 2.05) set forth, or determined in the manner provided, in the Officers’ Certificate referred to above an Officer’s Certificate; or (iii) in any such indenture supplemental hereto. All Securities of any one series need not be issued at the same time and, unless otherwise provided, a series may be reopened, without the consent of the Holders, for issuances of additional Additional Securities of such series. , which shall be issued pursuant to Section 2.14 below. (d) If any of the terms of the Securities of any series are established by action taken pursuant to a Board Resolution, a copy of an appropriate record of such action shall be certified by the Secretary or an Assistant Secretary of the Company and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate setting forth forth, or providing the manner for determining, the terms of the series. The Securities of each such series, and an appropriate record of any action taken pursuant thereto in connection with the issuance of any Securities of such series shall have be delivered to the benefit of Trustee prior to the Subsidiary Guarantees unless the Company elects otherwise upon the establishment of a series pursuant to this Section 3.01authentication and delivery thereof.

Amount Unlimited; Issuable in Series. The aggregate principal amount of Securities which may be authenticated and delivered under this Indenture is unlimited. The Securities may be issued from time to time in one or more series. Prior to the issuance of Securities of any series, there There shall be established in or pursuant to a Board Resolution andResolution, subject to Section 3.03, and set forth, or determined in the manner provided, forth in an Officers’ Certificate, or established in one or more indentures supplemental hereto, prior to the issuance of Securities of any a series,: (1a) the title or designation of the Securities securities of the series (such series, which shall distinguish the Securities of the series from Securities of any all other series)Securities; (2) whether the Securities of the series will or will not have the benefit of the Subsidiary Guarantees of the Subsidiary Guarantors; (3b) the purchase pricelimit, denomination and any limit if any, upon the aggregate principal amount of the Securities of the such series which may be authenticated and delivered under this Indenture (except for Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities of the series pursuant to Section 3.04, 3.05, 3.06, 9.06 or 11.07 and except for any Securities which11.06); provided, pursuant however, that the authorized aggregate principal amount of such series may be increased above such amount by a Board Resolution to Section 3.03, are deemed never to have been authenticated and delivered hereunder)such effect; (4c) the Person to whom any interest on a Security of the series shall be payable, if other than the Person in whose name that Security (Stated Maturity or one or more Predecessor Securities) is registered at the close of business on the Regular Record Date for such interest; (5) the date or dates Maturities on which the principal of any the Securities of the such series is payablepayable or the method of determination thereof; (6d) the rate or rates rates, if any, at which any the Securities of the such series shall bear interest, if any, or the method of calculating such rate or rates of interest, the method of payment of interest (in particular, whether the interest will be paid in kind or otherwise), the date or dates from which any such interest shall accrue or the method by which such date or dates shall be determined, the Interest Payment Dates on which any such interest shall be payable payable, the right, if any, of the Company to defer or extend an Interest Payment Date and the minimum length of any such deferral period, and the Regular Record Date for any such the interest payable on any Interest Payment DateDate or the method by which any of the foregoing shall be determined; (7e) the place or places where the principal of (and any premium premium, if any) and interest on any the Securities of the such series shall be payable; (8) , the place or places where the Securities of such series may be exchanged presented for registration of transfer or transferred exchange, and the place or places where notices and demands to or upon the Company in respect of the Securities and this Indenture of such series may be servedmade; (9f) the period or periods within or the date or dates on which, if any, the price or prices at which and the terms and conditions upon which any the Securities of the such series may be redeemed, in whole or in part, at the option of the Company andCompany, if other than as provided in Section 11.03, the manner in which the particular Securities of such series (if less than all Securities of such series are pursuant to be redeemed) are to be selected for redemptionany sinking fund or otherwise; (10g) the obligationobligation or the right, if any, of the Company to redeem redeem, repay or purchase any the Securities of the such series in whole or in part pursuant to any sinking fund fund, amortization or analogous provisions or upon the happening of a specified event, passage of time, or at the option of the a Holder thereof and the period or periods within which, the price or prices at which, the currency or currencies (including currency unit or units) in which and the other terms and conditions upon which any Securities of the series shall be redeemed redeemed, repaid or purchased, in whole or in part, pursuant to such obligation; (11h) the denominations in which any Securities of such series shall be issuable, if other than denominations of $1,000 and any integral multiple thereof; (i) if other than Dollars, the denominations currency or currencies (including currency unit or units) in which any the principal of (and premium, if any) and interest, if any, on the Securities of the series shall be issuable; (12) if the amount of payments of principal of payable, or any premium or interest on any Securities of the series may be determined with reference to an index or pursuant to a formula or other method, the manner in which such amounts shall be determined; (13) if other than the currency of the United States of America, the currency, currencies or currency units in which the principal of or any premium or interest on any Securities of the series shall be payable and the manner of determining the equivalent thereof in the currency of the United States of America for any purpose, including for purposes of the definition of “Outstanding” in Section 1.01denominated; (14j) the additions, modifications or deletions, if any, in the principal Events of Default or any premium or interest on any Securities of the series is to be payable, at the election covenants of the Company or set forth herein with respect to the Holder thereof, in one or more currencies or currency units other than that or those in which Securities of such Securities are stated to be payable, the currency, currencies or currency units in which the principal of or any premium or interest on such Securities as to which such election is made shall be payable, the periods within which and the terms and conditions upon which such election is to be made and the amount so payable (or the manner in which such amount shall be determined)series; (15k) if other than the entire principal amount thereof, the portion of the principal amount of any Securities of the such series which that shall be payable upon declaration of acceleration of the Maturity thereof pursuant thereof; (l) the additions or changes, if any, to Section 5.02 this Indenture with respect to the Securities of such series as shall be necessary to permit or facilitate the issuance of the Securities of such series in bearer form, registrable or not registrable as to principal, and with or without interest coupons; (m) any index or indices used to determine the amount of payments of principal of and premium, if any, on the Securities of such series or the method by manner in which such portion shall amounts will be determined; (16n) any modifications the issuance of or additions to the Events of Default or the covenants of the Company set forth herein with respect to Securities of the series; and whether and the conditions under which the Holders a temporary Global Security representing all of the Securities of the such series may waive any and exchange of such Event of Default or compliance with any such covenant relating to the temporary Global Security for definitive Securities of such series; (17o) if whether the principal amount payable at the Stated Maturity of any Securities of the series will not be determinable as of any one or more dates prior to the Stated Maturity, the amount which shall be deemed to be the principal amount of such Securities as of any such date for any purpose thereunder or hereunder, including the principal amount thereof which shall be due and payable upon any Maturity other than the Stated Maturity or which shall be deemed to be Outstanding as of any date prior to the Stated Maturity (or, in any such case, the manner in which such amount deemed to be the principal amount shall be determined); (18) if applicable, that the Securities of the series, in whole or any specified part, shall be defeasible pursuant to Section 15.02 or Section 15.03 or both such Sections and, if other than by a Board Resolution, the manner in which any election by the Company to defease such Securities shall be evidenced; (19) if applicable, that any Securities of the series shall be issuable issued in whole or in part in the form of one or more Global Securities and, in such case, the respective Depositaries Depositary for such Global Securities, the form of any legend or legends which Depositary shall be borne by any such Global Security in addition to or in lieu a clearing agency registered under the Securities Exchange Act of that set forth in Section 2.05 and any circumstances in addition to or in lieu of those set forth in clause (2) of the last paragraph of Section 3.05 in which any such Global Security may be exchanged in whole or in part for Securities registered, and any transfer of such Global Security in whole or in part may be registered, in the name or names of Persons other than the Depositary for such Global Security or a nominee thereof1934 as amended; (20p) the appointment of any addition to Paying Agent or change in the Events of Default which applies to any Securities of the series and any change in the right of the Trustee or the requisite Holders of such Securities to declare the principal amount thereof due and payable pursuant to Section 502; (21) any addition to or change in the covenants set forth in Article Ten which applies to Securities of the series; (22) whether Agents for the Securities of the series will be convertible into Common Stock (or cash in lieu thereof) such series; and, if so, the terms and conditions upon which such conversion will be effected; (23) whether the Securities of the series will be secured, and if so, in what manner; (24q) any other terms of the Securities of such series (which terms shall not be inconsistent with the provisions of this Indenture, except as permitted by Section 9.01(5)); (25) any agents for the series, including trustees, depositories, authenticating, conversion, calculation or paying agents, transfer agents or registrars; and (26) any other terms of the series, including any terms which may be required by or advisable under the laws of the United States of America or regulations thereunder or advisable (as determined by the Company) in connection with the marketing of Securities of the series. All Securities of any one series shall be substantially identical except as to denomination and except as may otherwise be provided herein or in or pursuant to the such Board Resolution referred to above and (subject to Section 3.03) set forth, or determined forth in the manner provided, in the such Officers’ Certificate referred to above or in any such indenture supplemental hereto. All Securities of any one series need not be issued at the same time and, unless otherwise provided, a series may be reopened, without the consent of the Holders, for issuances of additional Securities of such series. If any of the terms of the Securities of any series are established by action taken pursuant to a Board Resolution, a copy of an appropriate record of such action shall be certified by the Secretary or an Assistant Secretary of the Company and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate setting forth the terms of the series. The Securities of each series shall have the benefit of the Subsidiary Guarantees unless the Company elects otherwise upon the establishment of a series pursuant to this Section 3.01.

Amount Unlimited; Issuable in Series. The aggregate principal amount of Debt Securities which may be authenticated and delivered under this Indenture is unlimited. The Debt Securities may be issued from time to time in one or more series. Prior to the issuance of Securities of any series, there There shall be established in or pursuant to a Board Resolution andResolution, subject to Section 3.03, and set forth, or determined in the manner provided, forth in an Officers’ ' Certificate, or established in one or more indentures supplemental hereto, prior with such notification to the Trustee in advance of the issuance of the Debt Securities of any series,Series as may be agreed upon by the parties hereto: (1) the title of the Debt Securities of the series (which shall distinguish the Debt Securities of the series from Securities of any all other seriesDebt Securities); (2) whether the Securities of the series will or will not have the benefit of the Subsidiary Guarantees of the Subsidiary Guarantors; (3) the purchase pricelimit, denomination and any limit if any, upon the aggregate principal amount of the Debt Securities of the series which may be authenticated and delivered under this Indenture (except for Debt Securities authenticated and delivered upon registration of or, transfer of, or in exchange for, or in lieu of, other Debt Securities of the series pursuant to Section 3.04304, 3.05305, 3.06306, 9.06 1007 or 11.07 and except for any Securities which, pursuant to Section 3.03, are deemed never to have been authenticated and delivered hereunder1207); (4) the Person to whom any interest on a Security of the series shall be payable, if other than the Person in whose name that Security (or one or more Predecessor Securities) is registered at the close of business on the Regular Record Date for such interest; (53) the date or dates, or the method or methods, if any, by which such date or dates shall be determined or extended, on which the principal of any the Debt Securities of the series is payable; (64) the rate or rates rates, if any, at which any the Debt Securities of the series shall bear interest, if any, or the method of calculating or methods, if any, by which such rate or rates of interest, the method of payment of interest (in particular, whether the interest will are to be paid in kind determined or otherwise)reset, the date or dates dates, if any, from which any such interest shall accrue accrue, or the method or methods, if any, by which such date or dates shall be determineddetermined or reset, the Interest Payment Dates Dates, if any, on which any such interest shall be payable and the Regular Record Date Dates, if any, for any such the interest payable on any such Interest Payment DateDates, and the basis upon which interest shall be calculated if other than that of a 360-day year of twelve 30-day months; (75) the place or places places, if any, in addition to or other than the office or agency of the Company in the Borough of Manhattan, The City of New York and State of New York, where the principal of (and any premium premium, if any) and interest on any Debt Securities of the series shall be payable; (8) the place or places where the , any Debt Securities may be exchanged surrendered for registration of transfer or transferred exchange and notices and or demands to or upon the Company or the Guarantor in respect of the such Debt Securities and related Guarantees and this Indenture may be served; (96) the period or periods within which or the date or dates on which, if any, the price or prices at which and the terms and conditions upon which any Debt Securities of the series may be redeemed, in whole or in part, at the option of the Company and, if other than as provided in Section 11.03, the manner in which the particular Securities of such series (if less than all Securities of such series are to be redeemed) are to be selected for redemptionCompany; (107) the obligation, if any, of the Company to redeem redeem, repay or purchase any Debt Securities of the series in whole or in part pursuant to any sinking fund or analogous provisions or upon the happening of a specified event, passage of time, or at the option of the Holder thereof Holders thereof, and the period or periods within which, the price or prices at which and the other terms and conditions upon which any Debt Securities of the series shall be redeemed redeemed, repaid or purchased, in whole or in part, pursuant to such obligation; (11) 8) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which any Debt Securities of the series shall be issuable; (12) if the amount of payments of principal of or any premium or interest on any Securities of the series may be determined with reference to an index or pursuant to a formula or other method, the manner in which such amounts shall be determined; (139) if other than the currency of the United States of America, the currency, currencies or currency units in which the principal of or any premium or interest on any Securities of the series shall be payable and the manner of determining the equivalent thereof in the currency of the United States of America for any purpose, including for purposes of the definition of “Outstanding” in Section 1.01; (14) if the principal of or any premium or interest on any Securities of the series is to be payable, at the election of the Company or the Holder thereof, in one or more currencies or currency units other than that or those in which such Securities are stated to be payable, the currency, currencies or currency units in which the principal of or any premium or interest on such Securities as to which such election is made shall be payable, the periods within which and the terms and conditions upon which such election is to be made and the amount so payable (or the manner in which such amount shall be determined); (15) if other than the entire principal amount thereof, the portion of the principal amount of any Debt Securities of the series which shall be payable upon declaration of acceleration of the Maturity thereof pursuant to Section 5.02 or the method by which such portion shall be determined602; (1610) any modifications of or additions to the Events of Default or the covenants of the Company set forth herein with respect to Securities of the series; and whether and the conditions under which the Holders of the Securities of the series may waive any such Event of Default or compliance with any such covenant relating to the Securities of such series; (17) if the principal amount payable at the Stated Maturity of any Securities of the series will not be determinable as of any one or more dates prior to the Stated Maturity, the amount which shall be deemed to be the principal amount of such Securities as of any such date for any purpose thereunder or hereunder, including the principal amount thereof which shall be due and payable upon any Maturity other than the Stated Maturity or which shall be deemed to be Outstanding as of any date prior to the Stated Maturity (or, in any such case, the manner in which such amount deemed to be the principal amount shall be determined); (18) if applicable, that the Securities of the series, in whole or any specified part, shall be defeasible pursuant to Section 15.02 or Section 15.03 or both such Sections andprovisions, if other than by a Board Resolutionany, for the manner in which any election by the Company to defease such Securities shall be evidenced; (19) if applicable, that any Securities defeasance of the series shall be issuable in whole or in part in the form of one or more Global Securities and, in such case, the respective Depositaries for such Global Securities, the form of any legend or legends which shall be borne by any such Global Security in addition to or in lieu of that set forth in Section 2.05 and any circumstances in addition to or in lieu of those set forth in clause (2) of the last paragraph of Section 3.05 in which any such Global Security may be exchanged in whole or in part for Securities registered, and any transfer of such Global Security in whole or in part may be registered, in the name or names of Persons other than the Depositary for such Global Security or a nominee thereof; (20) any addition to or change in the Events of Default which applies to any Securities of the series and any change in the right of the Trustee or the requisite Holders of such Securities to declare the principal amount thereof due and payable pursuant to Section 502; (21) any addition to or change in the covenants set forth in Article Ten which applies to Debt Securities of the series; (22A) whether the currency of denomination of the Debt Securities of any series, which may be in Dollars or any Foreign Currency, (B) if such Debt Securities are denominated in a Foreign Currency which is a composite currency, the agency or organization, if any, responsible for overseeing such composite currency and (C) if such Debt Securities are denominated in a Foreign Currency other than a composite currency, the capital city of the country of such Foreign Currency; (12) the designation of the currency or currencies in which payment of the principal of (and premium, if any) and interest on the Debt Securities of the series will be convertible into Common Stock (or cash in lieu thereof) made, and, if sosuch currency or currencies is a Foreign Currency, whether payment of the principal (and premium, if any) or the interest on such Debt Securities, at the election of a Holder thereof, may instead be payable in Dollars and the terms and conditions upon which such conversion will election may be effectedmade; (2313) whether the any additional Events of Default or restrictive covenants provided for with respect to Debt Securities of the series will be secured, and if so, in what mannerseries; (2414) any other terms of the series (which terms shall not be inconsistent with the provisions of this Indenture, except as permitted by Section 9.01(5)); (25) any agents for the series, including trustees, depositories, authenticating, conversion, calculation or paying agents, transfer agents or registrars; and (26) any other terms of the series, including any terms which may be required by or advisable under the laws of the United States of America laws or regulations thereunder or advisable (as determined by the Company) in connection with wish the marketing of Debt Securities of the series; (15) if the Debt Securities of such series are to be denominated or payable in a Foreign Currency, the designation of the initial Exchange Rate Agent and, if other than as set forth herein, the definition of the Exchange Rate; (16) the form of Debt Securities of such series and, if issuable in global form, the name of the depository with respect thereto and the terms upon which and the circumstances under which such Notes may be exchanged; and (17) the ability, if any, of the Holder of a Debt Security to renew all or any portion of a Debt Security. All Debt Securities of any one series shall be substantially identical except as to denomination the currency of payments due thereunder, denomination, the rate or rates of interest, if any, and Maturity and except as may otherwise be provided in or pursuant to the such Board Resolution referred to above and (subject to Section 3.03) set forth, or determined forth in the manner provided, in the such Officers’ ' Certificate referred to above or in any such indenture supplemental hereto. All In addition, all Debt Securities of any one series need not be issued at the same time and, unless otherwise providedso provided by the Company, a series may be reopened, without the consent of the Holders, reopened for issuances issuance of additional Debt Securities of such seriesseries or to establish additional terms of such series of Debt Securities. If any of the terms of the a series of Debt Securities of any series are is established by an action taken pursuant to a Board Resolution, a copy of an appropriate record of such action shall be certified by the Secretary or an Assistant Secretary of the Company and delivered to the Trustee at or prior to the delivery of the Officers’ ' Certificate setting forth the terms of the such series. The Securities of each series shall have the benefit of the Subsidiary Guarantees unless the Company elects otherwise upon the establishment of a series pursuant to this Section 3.01.

Amount Unlimited; Issuable in Series. The aggregate principal amount of Securities which may be authenticated and delivered under this Indenture is unlimited. The Securities may be issued from time to time in one or more series. Prior to the issuance of Securities of any series, there shall be established in or pursuant to (i) a Board Resolution andof each Issuer, (ii) actions taken pursuant to a Board Resolution of each Issuer and (subject to Section 3.03, ) set forth, or determined in the manner provided, in an Officers’ Certificate' Certificate with respect to each such Issuer, or established in (iii) one or more indentures supplemental hereto, prior to the issuance of Securities of any series,: (1) the title of the Securities of the series (which shall distinguish the Securities of the series from Securities of any all other seriesSecurities); (2) whether the Securities of the series will or will not have the benefit of the Subsidiary Guarantees of the Subsidiary Guarantors; (3) the purchase price, denomination and any limit upon the aggregate principal amount of the Securities of the series which may be authenticated and delivered under this Indenture (except for Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities of the series pursuant to Section Sections 3.04, 3.05, 3.06, 9.06 or 11.07 and except for any Securities which, pursuant to Section 3.03, are deemed never to have been authenticated and delivered hereunder11.07); (4) the Person to whom any interest on a Security of the series shall be payable, if other than the Person in whose name that Security (or one or more Predecessor Securities) is registered at the close of business on the Regular Record Date for such interest; (53) the date or dates on which the principal of any and premium and other amounts, if any, on the Securities of the series is payablepayable or the method of determination thereof; (64) the rate or rates at which any the Securities of the series shall bear interest, if any, or the method of calculating such rate or rates of interest, the method of payment of interest (in particular, whether the interest will be paid in kind or otherwise), the date or dates from which any such interest shall accrue or the method by which such date or dates shall be determined, the Interest Payment Dates on which any such interest shall be payable and the Regular Record Date Date, if any, for any such the interest payable on any Interest Payment Date; (75) the place or places where where, subject to the provisions of Section 10.02, the principal of and any of, premium and interest other amounts, if any, and interest, if any, on any Securities of the series shall be payable; (8) 6) the place or places where the Securities may be exchanged or transferred and notices and demands to or upon the Company Issuers in respect of the Securities and this Indenture may be served; (97) the period or periods within which, the price or prices at which which, the currency or currencies (including currency unit or units) in which, and the other terms and conditions upon which any Securities of the series may be redeemed, in whole or in part, at the option of the Company Issuers, and, if other than as provided in Section 11.03, the manner in which the particular Securities of such series (if less than all Securities of such series are to be redeemed) are to be selected for redemption; (10) 8) the obligation, if any, of the Company Issuers to redeem redeem, repay or purchase any Securities of the series in whole or in part pursuant to any sinking fund or analogous provisions or upon the happening of a specified event, passage of time, or at the option of the a Holder thereof and the period or periods within which, the price or prices at which which, and the other terms and conditions upon which any Securities of the series shall be redeemed or purchased, in whole or in part, pursuant to such obligation; (119) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which any Securities of the series shall be issuable; (10) if other than U.S. dollars, the currency or currencies (including currency unit or units) in which payments of principal of, premium and other amounts, if any, and interest on the Securities of the series shall or may by payable, or in which the Securities of the series shall be denominated, and the particular provisions applicable thereto; (11) if the payments of principal of, premium and other amounts, if any, or interest on the Securities of the series are to be made, at the election of the Issuers or a Holder, in a currency or currencies (including currency unit or units) other than that in which such Securities are denominated or designated to be payable, the currency or currencies (including currency unit or units) in which such payments are to be made, the terms and conditions of such payments and the manner in which the exchange rate with respect to such payments shall be determined, and the particular provisions applicable thereto; (12) if the amount of payments of principal of or any of, premium or and other amounts, if any, and interest on any the Securities of the series may shall be determined with reference to an index or pursuant to a index, formula or other methodmethod (which index, formula or method may be based, without limitation, on a currency or currencies (including currency unit or units) other than that in which the Securities of the series are denominated or designated to be payable), the manner in index, formula or other method by which such amounts shall be determined; (13) if other than the currency of the United States of America, the currency, currencies or currency units in which the principal of or any premium or interest on any Securities of the series shall be payable and the manner of determining the equivalent thereof in the currency of the United States of America for any purpose, including for purposes of the definition of “Outstanding” in Section 1.01; (14) if the principal of or any premium or interest on any Securities of the series is to be payable, at the election of the Company or the Holder thereof, in one or more currencies or currency units other than that or those in which such Securities are stated to be payable, the currency, currencies or currency units in which the principal of or any premium or interest on such Securities as to which such election is made shall be payable, the periods within which and the terms and conditions upon which such election is to be made and the amount so payable (or the manner in which such amount shall be determined); (15) if other than the entire principal amount thereof, the portion of the principal amount of any Securities of the series which shall be payable upon declaration of acceleration of the Maturity thereof pursuant to Section 5.02 or the method by which such portion shall be determined; (1614) any modifications of or additions to the Events of Default or the covenants of the Company Issuers set forth herein with respect to Securities of the series; and whether and the conditions under which the Holders of the Securities of the series may waive any such Event of Default or compliance with any such covenant relating to the Securities of such series; (1715) if either or both of Section 13.02 and Section 13.03 shall be inapplicable, in whole or in part, to the principal amount payable at the Stated Maturity of any Securities of the series will not be determinable as of any one or more dates prior to the Stated Maturity, the amount which (provided that if no such inapplicability shall be deemed to be the principal amount of such Securities as of any such date for any purpose thereunder or hereunderspecified, including the principal amount thereof which then both Section 13.02 and Section 13.03 shall be due and payable upon any Maturity other than the Stated Maturity or which shall be deemed applicable to be Outstanding as of any date prior to the Stated Maturity (or, in any such case, the manner in which such amount deemed to be the principal amount shall be determined); (18) if applicable, that the Securities of the series, in whole or ); and any specified part, shall be defeasible pursuant modification to Section 15.02 or Section 15.03 or both either such Sections and, section as it relates to such series of Securities; (16) if other than by a Board Resolutionthe Trustee, the manner in which identity of the Registrar and any election by the Company to defease such Securities shall be evidencedPaying Agent; (1917) if applicable, that any the Securities of the series shall be issuable issued in whole or in part in global form, (i) the form of one or more Global Securities and, in such case, the respective Depositaries Depositary for such Global global Securities, (ii) the form of any legend or legends which shall be borne by any such Global Security in addition to or in lieu of that set forth in Section 2.05 and 2.06 which shall be borne by such global Security, (iii) whether beneficial owners of interests in any circumstances in addition to or in lieu of those set forth in clause (2) Securities of the last paragraph series in global form may exchange such interests for certificated Securities of such series and of like tenor of any authorized form and denomination, and (iv) if other than as provided in Section 3.05 in 3.05, the circumstances under which any such Global Security exchange may occur; (18) if the Holders of the Securities of the series may convert or exchange the Securities of the series into or for securities of the Issuers or of other entities or other property (or the cash value thereof), the specific terms of and period during which such conversion or exchange may be exchanged in whole made; (19) if the Securities of the series shall have the benefits of any Guarantee and, if so, the identity of the Guarantor or in part for Securities registered, Guarantors and the terms and provisions applicable to any transfer of such Global Security in whole or in part may be registered, in the name or names of Persons other than the Depositary for such Global Security or a nominee thereofGuarantee; (20) any provisions for the satisfaction and discharge of the Securities of the series, including provisions in addition to or change in modifying the Events provisions of Default which applies to any Securities of the series and any change in the right of the Trustee or the requisite Holders of such Securities to declare the principal amount thereof due and payable pursuant to Section 502; (21) any addition to or change in the covenants set forth in Article Ten which applies 4 as they pertain to Securities of the series; (2221) whether if the Securities of the that series will be convertible into Common Stock (or cash in lieu thereof) and, if sodo not bear interest, the terms and conditions upon which such conversion will be effectedapplicable dates for purposes of Section 7.01; (23) whether the Securities of the series will be secured, and if so, in what manner; (24) any other terms of the series (which terms shall not be inconsistent with the provisions of this Indenture, except as permitted by Section 9.01(5)); (2522) any agents for the series, including trustees, depositories, authenticating, conversion, calculation or paying agents, transfer agents or registrars; and (2623) any other terms of the series, including any terms which may be required by or advisable under the laws of the United States of America or regulations thereunder or advisable (as determined by the CompanyIssuers) in connection with the marketing of Securities of the series. All Securities of any one series shall be substantially identical except as to denomination and except as may otherwise be provided in or by (i) a Board Resolution of each Issuer, (ii) actions taken pursuant to the a Board Resolution referred to above of each Issuer and (subject to Section 3.03) set forth, or determined in the manner provided, in the an Officers’ ' Certificate referred with respect to above each such Issuer, or (iii) in any such indenture supplemental hereto. All Securities of any one series need not be issued at the same time and, unless otherwise provided, a series may be reopened, without the consent of the Holders, for issuances of additional Securities of such series. If any of the terms of the Securities of any series are established by action taken pursuant to a Board Resolution, a copy of an appropriate record of such action shall be certified by the Secretary or an Assistant Secretary of each of the Company Issuers and delivered to the Trustee at or prior to the delivery of the corresponding Officers’ ' Certificate setting forth forth, or providing the manner for determining, the terms of the series. The Securities of each such series, and an appropriate record of any action taken pursuant thereto in connection with the issuance of any Securities of such series shall have be delivered to the benefit of Trustee prior to the Subsidiary Guarantees unless authentication and delivery thereof. Prior to the Company elects otherwise upon the establishment delivery of a Security of any series pursuant in any such form to the Trustee for the Securities of such series for authentication, each Issuer shall deliver to such Trustee an Officers' Certificate of such Issuer dated the date such Certificate is delivered to such Trustee stating that all conditions precedent provided for in this Section 3.01Indenture relating to the authentication and delivery of Securities in such forms have been complied with.

Amount Unlimited; Issuable in Series. The aggregate principal amount of Securities which may be authenticated and delivered under this Indenture is unlimited. The Securities may be issued from time to time in one or more series. Prior to the issuance of Securities of any series, there There shall be established in or pursuant to a Board Resolution andResolution, subject to Section 3.03, and set forth, or determined in the manner provided, forth in an Officers’ ' Certificate, of the Issuer or established in one or more indentures supplemental hereto, prior to the issuance of Securities of any series, (1) the title of the Securities of the series (which shall distinguish the Securities of the series from Securities of any all other seriesSecurities); (2) whether the aggregate principal amount of the Securities of the such series will or will not have the benefit of the Subsidiary Guarantees of the Subsidiary Guarantors; (3) the purchase price, denomination and any limit upon the aggregate principal amount of the Securities of the series which may be authenticated and delivered under this Indenture (except for Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities securities of the series pursuant to Section 3.04, 3.05, 3.06, 9.06 10.06 or 11.07 and except for any Securities which, pursuant to Section 3.03, are deemed never to have been authenticated and delivered hereunder12.07); (4) the Person to whom any interest on a Security of the series shall be payable, if other than the Person in whose name that Security (or one or more Predecessor Securities) is registered at the close of business on the Regular Record Date for such interest; (53) the date or dates on which the principal (and premium, if any) of any the Securities of the series is payablepayable or the method of determination thereof; (64) the rate or rates (which may be fixed or variable), or the method of determination thereof, at which any the Securities of the series shall bear interest, if any, including the rate of interest applicable on overdue payments of principal or the method of calculating such rate or rates of interest, if different from the method of payment rate of interest (stated in particular, whether the interest will be paid in kind or otherwise)title of the Security, the date or dates from which any such interest shall accrue or the method by which such date or dates shall be determinedof determination thereof, the Interest Payment Dates on which any such interest shall be payable and the Regular Record Date for any such the interest payable on any Interest Payment Date; (5) the Paying Agent or Paying Agents for the Securities of the series if other than the Trustee; (6) the Place of Payment of the Securities of the series; (7) if other than Dollars, the place foreign currency or places where the principal of and any premium and interest on any currencies in which Securities of the series shall be payabledenominated or in which payment of the principal of (and premium, if any) or interest on Securities of the series may be made, and the particular provisions applicable thereto and, if applicable, the amount of the Securities of the series which entitles the Holder of a Security of the series or its proxy to one vote for purposes of Section 15.06; (8) the place or places where right, if any, of the Issuer to redeem the Securities may be exchanged or transferred of such series and notices and demands to or upon the Company in respect of the Securities and this Indenture may be served; (9) the period or periods within which, the price or prices at which and the terms and conditions upon which any Securities of the series may be redeemed, in whole or in part, at the option of the Company and, if other than as provided in Section 11.03, the manner in which the particular Securities of such series (if less than all Securities of such series are to be redeemed) are to be selected for redemptionIssuer; (109) the obligation, if any, of the Company Issuer to redeem or purchase any Securities of the series in whole or in part pursuant to any sinking fund or analogous provisions or upon the happening of a specified event, passage of time, or at the option of the a Holder thereof and the period or periods within which, the price or prices at which and the terms and conditions upon which any Securities of the series shall be redeemed or purchased, in whole or in part, pursuant to such obligation; (1110) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which any Securities of the series shall be issuable; (1211) if whether the amount of payments of principal of or any premium or interest on any Securities of the series may be determined with reference to an index or pursuant to a formula or other method, the manner in which such amounts shall be determined; (13) if other than the currency of the United States of America, the currency, currencies or currency units in which the principal of or any premium or interest on any Securities of the series shall be payable and the manner of determining the equivalent thereof in the currency of the United States of America for any purpose, including for purposes of the definition of “Outstanding” in Section 1.01; (14) if the principal of or any premium or interest on any Securities of the series is to be payable, at the election of the Company or the Holder thereof, in one or more currencies or currency units other than that or those in which such Securities are stated to be payable, the currency, currencies or currency units in which the principal of or any premium or interest on such Securities as to which such election is made shall be payable, the periods within which and the terms and conditions upon which such election is to be made and the amount so payable (or the manner in which such amount shall be determined); (15) if other than the entire principal amount thereof, the portion of the principal amount of any Securities of the series which shall be payable upon declaration of acceleration of the Maturity thereof pursuant to Section 5.02 or the method by which such portion shall be determined; (16) any modifications of or additions to the Events of Default or the covenants of the Company set forth herein with respect to Securities of the series; and whether and the conditions under which the Holders of the Securities of the series may waive any such Event of Default or compliance with any such covenant relating to the Securities of such series; (17) if the principal amount payable at the Stated Maturity of any Securities of the series will not be determinable as of any one or more dates prior to the Stated Maturity, the amount which shall be deemed to be the principal amount of such Securities as of any such date for any purpose thereunder or hereunder, including the principal amount thereof which shall be due and payable upon any Maturity other than the Stated Maturity or which shall be deemed to be Outstanding as of any date prior to the Stated Maturity (or, in any such case, the manner in which such amount deemed to be the principal amount shall be determined); (18) if applicable, that the Securities of the series, in whole or any specified part, shall be defeasible pursuant to Section 15.02 or Section 15.03 or both such Sections and, if other than by a Board Resolution, the manner in which any election by the Company to defease such Securities shall be evidenced; (19) if applicable, that any Securities of the series shall be issuable issued in whole or in part in the form of one or more Global Securities and, in such case, the respective Depositaries for such Global Securities, depositary (the form of any legend or legends which shall be borne by any such Global Security in addition to or in lieu of that set forth in Section 2.05 and any circumstances in addition to or in lieu of those set forth in clause (2"Depositary") of the last paragraph of Section 3.05 in which any such Global Security may be exchanged in whole or in part for Securities registered, and any transfer of such Global Security in whole or in part may be registered, in the name or names of Persons other than the Depositary for such Global Security or a nominee thereof; (20) any addition to or change Securities; and the manner in which and the Events of Default circumstances under which applies to any Global Securities representing Securities of the series may be exchanged for Securities in definitive form, if other than, or in addition to, the manner and any change circumstances specified in the right of the Trustee or the requisite Holders of such Securities to declare Section 3.05(b); (12) if other than the principal amount thereof, the portion of the principal amount of Securities of the series which shall be payable upon declaration of acceleration of the Maturity thereof due and payable pursuant to Section 5026.02; (2113) if the provisions of Section 5.02 of this Indenture are to apply to the Securities of the series, a statement indicating the same; (14) any addition deletions from or modifications of or additions to or change in the covenants any definitions, covenants, Events of Default set forth in Article Ten which applies Section 6.01 or any terms pertaining to the Securities of the series; (2215) whether payment of any amount due under such Securities will be guaranteed by one or more guarantors, including Subsidiaries of the Issuer; (16) whether the Securities will be secured; (17) the form of the Securities of the series; and (18) any other terms of a particular series will be convertible into Common Stock (and any other provisions expressing or cash in lieu thereof) and, if so, referring to the terms and conditions upon which such conversion will be effected; (23) whether the Securities of the that series will are to be securedissued, and if so, in what manner; (24) any other terms of the series (which terms shall and provisions are not be inconsistent in conflict with the provisions of this Indenture, except as permitted by Section 9.01(5)); (25) any agents for Indenture or do not adversely affect the series, including trustees, depositories, authenticating, conversion, calculation or paying agents, transfer agents or registrars; and (26) rights of Holders of any other series of Securities then Outstanding); provided, however, that the addition to or subtraction from or variation of Articles Four, Five, Six, Nine, Ten, Eleven, Twelve and Thirteen (and Section 1.01 insofar as it relates to the definition of certain terms as used in such Articles) with regard to the Securities of the series, including any terms which may a particular series shall not be required by or advisable under the laws of the United States of America or regulations thereunder or advisable (as determined by the Company) in connection deemed to constitute a conflict with the marketing provisions of Securities of the seriesthose Articles. All Securities of any one series shall be substantially identical except as to denomination and except as may otherwise be provided in or pursuant to the such Board Resolution referred to above and (subject to Section 3.03) set forth, or determined forth in the manner provided, in the such Officers’ ' Certificate referred to above or in any such indenture supplemental hereto. All Securities of any one series need not be issued at the same time andtime, and unless otherwise provided, a series may be reopened, reopened for issuance of additional Securities of such series without the consent of the HoldersHolders thereof. Except as modified in a Board Resolution, for issuances Officers' Certificate or supplemental indenture establishing a series of additional Securities, the Securities shall be subordinated in right of payment to Senior Indebtedness as provided in Article Four. The Securities of such seriesall series shall rank on a parity in right of payment. If any of the terms of the Securities of any series are established by action taken pursuant to a Board Resolution, a copy of an appropriate record of such action shall be certified by the Secretary or an Assistant Secretary of the Company Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ ' Certificate setting forth the terms of the series. The Securities of each series shall have the benefit of the Subsidiary Guarantees unless the Company elects otherwise upon the establishment of a series pursuant to this Section 3.01.

Amount Unlimited; Issuable in Series. The aggregate principal amount of Securities which that may be authenticated and delivered under this Indenture is unlimited. The Securities may be issued from time to time in one or more series. Prior to the issuance of Securities of any series, there There shall be established in or pursuant to a Board Resolution andResolution, subject to Section 3.03, and set forth, or determined in the manner provided, forth in an Officers’ Certificate, or established in one or more indentures supplemental hereto, prior to the issuance of Securities of any series, (1) the title of the Securities of the such series (which shall distinguish the Securities of the series from Securities of any all other seriesSecurities); (2) whether the Securities of the series will or will not have the benefit of the Subsidiary Guarantees of the Subsidiary Guarantors; (3) the purchase price, denomination and any limit upon the aggregate principal amount of the Securities of the such series which may be authenticated and delivered under this Indenture (except for Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities of the such series pursuant to Section 2.03, 3.04, 3.05, 3.06, 9.06 or 11.07 and except for any Securities which, pursuant to Section 3.03, are deemed never to have been authenticated and delivered hereunder11.07); (4) the Person to whom any interest on a Security of the series shall be payable, if other than the Person in whose name that Security (or one or more Predecessor Securities) is registered at the close of business on the Regular Record Date for such interest; (53) the date or dates on which the principal or premium (if any) of any the Securities of the such series is payablepayable or the method of determination thereof; (64) the rate or rates rates, or the method of determination thereof, at which any the Securities of the such series shall bear interest, if any, or the method of calculating whether and under what circumstances Additional Amounts with respect to such rate or rates of interest, the method of payment of interest (in particular, whether the interest will Securities shall be paid in kind or otherwise)payable, the date or dates from which any such interest shall accrue or the method by which such date or dates shall be determinedaccrue, the Interest Payment Dates on which any such interest shall be payable and and, if other than as set forth in Section 1.01, the Regular Record Date for any such the interest payable on any Securities on any Interest Payment Date; (75) the place or places where where, subject to the provisions of Section 10.02, the principal of and any of, premium (if any) and interest on or any Additional Amounts with respect to the Securities of the such series shall be payable; (8) the place or places where the Securities may be exchanged or transferred and notices and demands to or upon the Company in respect of the Securities and this Indenture may be served; (96) the period or periods within which, the price or prices (whether denominated in cash, securities or otherwise) at which and the terms and conditions upon which any Securities of the such series may be redeemed, in whole or in part, at the option of the Company andCompany, if other than as provided in Section 11.03the Company is to have that option, and the manner in which the particular Securities of Company must exercise any such series option, if different from those set forth herein; (if less than all 7) the Senior Indebtedness to which the Securities of such series are to be redeemed) are to be selected for redemptionsubordinated, and the terms of such subordination; (10) 8) the obligation, if any, of the Company to redeem redeem, purchase or purchase any repay Securities of the such series in whole or in part pursuant to any sinking fund fund, amortization or analogous provisions or upon the happening of a specified event, passage of time, or at the option of the a Holder thereof and the period or periods within which, the price or prices (whether denominated in cash, securities or otherwise) at which and the terms and conditions upon which any which, Securities of the such series shall be redeemed redeemed, purchased or purchased, repaid in whole or in part, part pursuant to such obligation; (119) the denomination in which any Securities of that series shall be issuable, if other than denominations of $1,000 and any integral multiple thereof; (10) if other than the Trustee, the denominations identity of the Securities Registrar and/or the Paying Agent; (11) the currency or currencies (including composite currencies), if other than Dollars, or the form, including equity securities, other debt securities (including Securities), warrants or any other securities or property of the Company or any other Person, in which payment of the principal of, premium (if any) and interest on or any Additional Amounts with respect to the Securities of the such series shall be issuablepayable; (12) if the amount of payments of principal of or any of, premium (if any) or interest on or any Additional Amounts with respect to the Securities of the such series may be determined with reference to an index or pursuant to a formula or other method, the manner in which such amounts shall be determined; (13) if other than the currency of the United States of America, the currency, currencies or currency units in which the principal of or any premium or interest on any Securities of the series shall be payable and the manner of determining the equivalent thereof in the currency of the United States of America for any purpose, including for purposes of the definition of “Outstanding” in Section 1.01; (14) if the principal of or any premium or interest on any Securities of the series is are to be payable, at the election of the Company or the a Holder thereof, in one a currency or more currencies or currency units (including composite currencies) other than that or those in which such the Securities are stated to be payable, the currency, currency or currencies or currency units (including composite currencies) in which payment of the principal of of, premium (if any) and interest on or any premium or interest on Additional Amounts with respect to Securities of such Securities series as to which such election is made shall be payable, and the periods within which and the terms and conditions upon which such election is to be made and made; (13) if the amount so payable of payments of principal of, premium (if any) and interest on or any Additional Amounts with respect to the Securities of such series may be determined with reference to any commodities, currencies or indices, values, rates or prices or any other index or formula, the manner in which such amount amounts shall be determined); (1514) if other than the entire principal amount thereof, the portion of the principal amount of any Securities of the such series which that shall be payable upon declaration of acceleration of the Maturity thereof pursuant to Section 5.02 5.02; (15) any additional means of satisfaction and discharge of this Indenture with respect to Securities of such series pursuant to Section 4.01, any additional conditions to discharge pursuant to Section 4.01 or 4.03 and the method by which such portion shall be determinedapplication, if any, of Section 4.03; (16) whether the Securities of the series will be guaranteed by any Subsidiary of the Company, and the terms of any subordination of such guarantees; (17) any deletions or modifications of or additions to the definitions set forth in Section 1.01, Events of Default set forth in Section 5.01 or the covenants of the Company set forth herein with respect to Securities of the series; and whether and the conditions under which the Holders of the Securities of the series may waive any such Event of Default or compliance with any such covenant relating in Article Ten pertaining to the Securities of such series; (17) if series or made for the principal amount payable at the Stated Maturity of any Securities benefit of the series will not be determinable as of any one or more dates prior to the Stated Maturity, the amount which shall be deemed to be the principal amount of such Securities as of any such date for any purpose thereunder or hereunder, including the principal amount thereof which shall be due and payable upon any Maturity other than the Stated Maturity or which shall be deemed to be Outstanding as of any date prior to the Stated Maturity (or, in any such case, the manner in which such amount deemed to be the principal amount shall be determined)Holders thereof; (18) if applicable, that the Securities of the seriessuch series are to be convertible into or exchangeable for equity securities, in whole other debt securities (including Securities), warrants or any specified partother securities or property of the Company or any other Person, shall be defeasible pursuant to Section 15.02 at the option of the Company or Section 15.03 the Holder or both such Sections and, if other than by a Board Resolutionupon the occurrence of any condition or event, the manner in which any election by the Company to defease terms and conditions for such Securities shall be evidencedconversion or exchange; (19) if applicable, that whether any of such Securities will be subject to certain optional interest rate reset provisions; (20) whether the Securities of the series shall be issuable issued in whole or in part in the form of one a Global Security or more Securities; the terms and conditions, if any, upon which such Global Security or Securities andmay be exchanged in whole or in part for certificated Securities of such series and of like tenor of any authorized denomination and the circumstances under which such exchange may occur, if other than in such case, the respective Depositaries manner provided for in Section 2.03; the Depositary for such Global Security or Securities, ; and the form of any legend or legends which shall to be borne by any such Global Security in addition to or in lieu of that set forth the legend referred to in Section 2.05 and any circumstances in addition to or in lieu of those set forth in clause (2) of the last paragraph of Section 3.05 in which any such Global Security may be exchanged in whole or in part for Securities registered, and any transfer of such Global Security in whole or in part may be registered, in the name or names of Persons other than the Depositary for such Global Security or a nominee thereof; (20) any addition to or change in the Events of Default which applies to any Securities of the series and any change in the right of the Trustee or the requisite Holders of such Securities to declare the principal amount thereof due and payable pursuant to Section 5022.03; (21) any addition the additions or changes, if any, to the Indenture with respect to such Securities as shall be necessary to permit or change facilitate the issuance of such Securities in the covenants set forth in Article Ten which applies bearer form, registered or not registrable as to Securities of the series;principal, and with or without interest coupons; and (22) whether the Securities of the series will be convertible into Common Stock (or cash in lieu thereof) and, if so, the terms and conditions upon which such conversion will be effected; (23) whether the Securities of the series will be secured, and if so, in what manner; (24) any other terms of the such series (which terms shall not be inconsistent with the provisions of this Indenture, except as permitted by Section 9.01(5)); (25) any agents for the series, including trustees, depositories, authenticating, conversion, calculation or paying agents, transfer agents or registrars; and (26) any other terms of the series, including any terms which may be required by or advisable under the laws of the United States of America or regulations thereunder or advisable (as determined by the Company) in connection with the marketing of Securities of the series. All Securities of any one series shall be substantially identical except as to denomination and date and except as may otherwise be provided in or pursuant to the Board Resolution referred to above and (subject to Section 3.03) set forth, or determined in the manner provided, in the Officers’ Certificate referred to above or in any such indenture supplemental hereto. All At the option of the Company, interest on the Securities of any one series need not be issued at the same time and, unless otherwise provided, a series that bears interest may be reopened, without paid by mailing a check to the consent address of any Holder as such address shall appear in the Holders, for issuances of additional Securities of such seriesSecurity Register. If any of the terms of the Securities of any series are established by action taken pursuant to a Board Resolution, a copy of an appropriate record of such action together with such Board Resolution shall be certified by the Secretary or an Assistant Secretary of the Company and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate setting forth the terms of the series. The Securities of each series shall have the benefit of the Subsidiary Guarantees unless the Company elects otherwise upon the establishment of a series pursuant to this Section 3.01.

Amount Unlimited; Issuable in Series. The aggregate principal amount of Securities which may be authenticated and delivered under this Indenture is unlimited. The Securities may be issued from time to time in one or more series. Prior to the issuance of Securities of any series, there There shall be established in one or more Board Resolutions or pursuant to a authority granted by one or more Board Resolution Resolutions and, subject to Section 3.03, set forth, or determined in the manner provided, forth in an Officers’ ' Certificate, or established in one or more indentures supplemental hereto, prior to the issuance of Securities of any series,: (1) the The title of the Securities of the series (which shall distinguish the Securities of the such series from Securities all other series of any other seriesSecurities); (2) whether the Securities of the series will or will not have the benefit of the Subsidiary Guarantees of the Subsidiary Guarantors; (3) the purchase price, denomination and any Any limit upon the aggregate principal amount of the Securities of the series which that may be authenticated and delivered under this Indenture (except for Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities of the series pursuant to Section 3.04, 3.05, 3.06, 9.06 9.06, 11.07 or 11.07 and except for any 14.05); (3) The price (expressed as a percentage of the principal amount thereof) at which such Securities whichwill be issued and, pursuant to Section 3.03if other than the principal amount thereof, are deemed never to have been authenticated and delivered hereunder)the portion of the principal amount thereof payable upon declaration of acceleration of the maturity thereof; (4) The date or dates, or the method for determining such date or dates, on which the principal of such Securities will be payable; (5) The rate or rates (which may be fixed or variable), or the method by which such rate or rates shall be determined, at which such Securities will bear interest, if any; (6) The date or dates, or the method for determining such date or dates, from which any such interest will accrue, the dates on which any such interest will be payable, the record dates for such interest payment dates, or the method by which such dates shall be determined, the persons to whom such interest shall be payable, and the basis upon which interest shall be calculated if other than that of a 360-day year of twelve 30-day months; (7) The place or places where the principal of (and premium, if any) and interest, if any, on such Securities will be payable, where such Securities may be surrendered for registration of transfer or exchange and where notices or demands to or upon the Issuer in respect of such Securities and this Indenture may be served; (8) The period or periods, if any, within which the price or prices at which and the other terms and conditions upon which such Securities may, pursuant to any optional or mandatory redemption provisions, be redeemed, as a whole or in part, at the option of the Issuer; (9) The obligation, if any, of the Issuer to redeem, repay or purchase such Securities pursuant to any sinking fund or analogous provision or at the option of a holder thereof, and the period or periods within which, the price or prices at which and the other terms and conditions upon which such Securities will be redeemed, repaid or purchased, as a whole or in part, pursuant to such obligation; (10) The denominations in which any Securities will be issuable, if other than denominations of U.S.$1,000 and any integral multiple thereof; (11) If other than Dollars, the currency or currencies in which such Securities are denominated and payable, which may be a foreign currency or units of two or more foreign currencies or a composite currency or currencies, the manner of determining the equivalent thereof in Dollars for purposes of the definition of "Outstanding" in Section 1.01, and the terms and conditions relating thereto; (12) Whether the amount of payments of principal of (and premium, if any, including any amount due upon redemption, if any) or interest, if any, on such Securities may be determined with reference to an index, formula or other method (which index, formula or method may, but need not be, based on the yield on or trading price of other securities, including United States Treasury securities or on a currency, currencies, currency unit or units, or composite currency or currencies) and the manner in which such amounts shall be determined; (13) Whether the principal of (and premium, if any) or interest on the Securities of the series are to be payable, at the election of the Issuer or a holder thereof, in a currency or currencies, currency unit or units or composite currency or currencies other than that in which such Securities are denominated or stated to be payable, the period or periods within which, and the terms and conditions upon which, such election may be made, and the time and manner of, and identity of the exchange rate agent with responsibility for, determining the exchange rate between the currency or currencies, currency unit or units or composite currency or currencies in which such Securities are denominated or stated to be payable and the currency or currencies, currency unit or units or composite currency or currencies in which such Securities are to be so payable; (14) Provisions, if any, granting special rights to the holders of Securities of the series upon the occurrence of such events as may be specified; (15) Any deletions from, modifications of or additions to the Events of Default or covenants of the Issuer with respect to Securities of the series, whether or not such Events of Default or covenants are consistent with the Events of Default or covenants set forth herein; (16) Whether and under what circumstances the Issuer will pay any additional amounts on such Securities in respect of any tax, assessment or governmental charge and, if so, whether the Issuer will have the option to redeem such Securities in lieu of making such payment; (17) Whether Securities of the series are to be issuable as Registered Securities, Bearer Securities (with or without coupons) or both, any restrictions applicable to the offer, sale or delivery of Bearer Securities and the terms upon which Bearer Securities of the series may be exchanged for Registered Securities of the series and vice versa (if permitted by applicable laws and regulations), whether any Securities of the series are to be issuable initially in temporary global form and whether any Securities of the series are to be issuable in permanent global form with or without coupons and, if so, whether beneficial owners of interests in any such permanent global Security may exchange such interests for Securities of such series and of like tenor of any authorized form and denomination and the circumstances under which any such exchanges may occur, if other than in the manner provided in the Indenture, and, if Registered Securities of the series are to be issuable as a Global Security, the identity of the depository for such series; (18) The date as of which any Bearer Securities of the series and any temporary Global Security representing outstanding Securities of the series shall be dated if other than the date of original issuance of the first Security of the series to be issued; (19) The Person to whom any interest on a any Registered Security of the series shall be payable, if other than the Person in whose name that Security (or one or more Predecessor Securities) is registered at the close of business on the Regular Record Date for such interest; (5) , the date or dates on which the principal of any Securities of the series is payable; (6) the rate or rates at which any Securities of the series shall bear interest, if anymanner in which, or the method of calculating such rate or rates of interestPerson to whom, the method of payment of interest (in particular, whether the interest will be paid in kind or otherwise), the date or dates from which any such interest shall accrue or the method by which such date or dates shall be determined, the Interest Payment Dates on which any such interest shall be payable and the Regular Record Date for any such interest payable on any Interest Payment Date; (7) the place or places where the principal of and any premium and interest on any Securities Bearer Security of the series shall be payable, if otherwise than upon presentation and surrender of the coupons appertaining thereto as they severally mature, and the extent to which, or the manner in which, any interest payable on a temporary Global Security on an Interest Payment Date will be paid if other than in the manner provided herein; (8) the place 20) Whether such Securities will be issued in certificated or places where the Securities may be exchanged or transferred and notices and demands to or upon the Company in respect of the Securities and this Indenture may be servedbook entry form; (921) the period or periods within which, the price or prices at which and the terms and conditions upon which any Securities of the series may be redeemed, in whole or in part, at the option of the Company and, if other than as provided in Section 11.03, the manner in which the particular Securities of such series (if less than all Securities of such series are to be redeemed) are to be selected for redemption; (10) the obligationThe applicability, if any, of the Company to redeem or purchase any Securities defeasance and covenant defeasance provisions of the series in whole or in part pursuant to any sinking fund or analogous provisions or upon the happening of a specified event, passage of time, or at the option of the Holder thereof and the period or periods within which, the price or prices at which and the terms and conditions upon which any Securities of the series shall be redeemed or purchased, in whole or in part, pursuant to such obligation; (11) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which any Securities of the series shall be issuable; (12) if the amount of payments of principal of or any premium or interest on any Securities of the series may be determined with reference to an index or pursuant to a formula or other method, the manner in which such amounts shall be determined; (13) if other than the currency of the United States of America, the currency, currencies or currency units in which the principal of or any premium or interest on any Securities of the series shall be payable and the manner of determining the equivalent thereof in the currency of the United States of America for any purpose, including for purposes of the definition of “Outstanding” in Section 1.01; (14) if the principal of or any premium or interest on any Securities of the series is to be payable, at the election of the Company or the Holder thereof, in one or more currencies or currency units other than that or those in which such Securities are stated to be payable, the currency, currencies or currency units in which the principal of or any premium or interest on such Securities as to which such election is made shall be payable, the periods within which and the terms and conditions upon which such election is to be made and the amount so payable (or the manner in which such amount shall be determined); (15) if other than the entire principal amount thereof, the portion of the principal amount of any Securities of the series which shall be payable upon declaration of acceleration of the Maturity thereof pursuant to Section 5.02 or the method by which such portion shall be determined; (16) any modifications of or additions Article Fifteen hereof to the Events of Default or the covenants of the Company set forth herein with respect to Securities of the series; and whether and the conditions under which the Holders of the Securities of the series may waive any such Event of Default or compliance with any such covenant relating to the Securities of such series; (17) if the principal amount payable at the Stated Maturity of any Securities of the series will not be determinable as of any one or more dates prior to the Stated Maturity, the amount which shall be deemed to be the principal amount of such Securities as of any such date for any purpose thereunder or hereunder, including the principal amount thereof which shall be due and payable upon any Maturity other than the Stated Maturity or which shall be deemed to be Outstanding as of any date prior to the Stated Maturity (or, in any such case, the manner in which such amount deemed to be the principal amount shall be determined); (18) if applicable, that the Securities of the series, in whole or any specified part, shall be defeasible pursuant to Section 15.02 or Section 15.03 or both such Sections and, if other than by a Board Resolution, the manner in which any election by the Company to defease such Securities shall be evidenced; (19) if applicable, that any Securities of the series shall be issuable in whole or in part in the form of one or more Global Securities and, in such case, the respective Depositaries for such Global Securities, the form of any legend or legends which shall be borne by any such Global Security in addition to or in lieu of that set forth in Section 2.05 and any circumstances in addition to or in lieu of those set forth in clause (2) of the last paragraph of Section 3.05 in which any such Global Security may be exchanged in whole or in part for Securities registered, and any transfer of such Global Security in whole or in part may be registered, in the name or names of Persons other than the Depositary for such Global Security or a nominee thereof; (20) any addition to or change in the Events of Default which applies to any Securities of the series and any change in the right of the Trustee or the requisite Holders of such Securities to declare the principal amount thereof due and payable pursuant to Section 502; (21) any addition to or change in the covenants set forth in Article Ten which applies to Securities of the series; (22) whether The terms and conditions, if any, under which the Securities may be converted or exchanged into other securities of the series will be convertible into Common Stock (Issuer or cash in lieu thereof) and, if so, the terms and conditions upon which such conversion will be effectedany other Person; (23) whether If the Securities of such series are to be issuable in definitive form (whether upon original issue or upon exchange of a temporary Security of such series) only upon receipt of certain certificates or other documents or satisfaction of other conditions, then the series will be securedform and/or terms of such certificates, and if so, in what manner;documents or conditions; and (24) any Any other terms of the series (which terms shall not be inconsistent with the provisions of this Indenture, except as permitted by Section 9.01(5)); (25) any agents for the series, including trustees, depositories, authenticating, conversion, calculation or paying agents, transfer agents or registrars; and (26) any other terms of the series, including any terms which may be required by or advisable under the laws of the United States of America or regulations thereunder or advisable (as determined by the Company) in connection with the marketing of Securities of the series. All Securities of any one series and the coupons appertaining to any Bearer Securities of such series shall be substantially identical except except, in the case of Registered Securities, as to denomination and except as may otherwise be provided in or pursuant to the such Board Resolution referred to above and (subject to Section 3.03) and set forth, or determined forth in the manner provided, in the such Officers’ ' Certificate referred to above or in any such indenture supplemental hereto. All Securities of any one series need not be issued at the same time and, unless otherwise provided, a series may be reopened, without the consent of the Holders, for issuances of additional Securities of such series. If any of the terms of the Securities of any series are established by action taken pursuant to a one or more Board ResolutionResolutions, a copy of an appropriate record of such action action(s) shall be certified by the Secretary or an Assistant Secretary of the Company Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ ' Certificate setting forth the terms of the series. The Securities of each series shall have the benefit of the Subsidiary Guarantees unless the Company elects otherwise upon the establishment of a series pursuant to this Section 3.01such series.

Amount Unlimited; Issuable in Series. The aggregate principal amount of Securities which may be authenticated and delivered under this Indenture is unlimited. The Securities may be issued from time to time in one or more series, and each such series shall, except as otherwise provided as contemplated by this Section 3.01, rank equally and pari passu with all other unsecured and unsubordinated indebtedness of the Company. Prior to the issuance of Securities of any series, there There shall be established established, in or pursuant to a Board Resolution andResolution, subject to Section 3.03, and set forth, or determined in the manner provided, forth in an Officers’ Certificate, or established in one or more indentures supplemental hereto, prior to the initial issuance of Securities of any series, (1A) the title of the Securities of the series (which shall distinguish the Securities of the series from all other Securities, except to the extent that additional Securities of any other seriesan existing series are being, or will be, issued); (2B) whether the Securities of the series will or will not have the benefit of the Subsidiary Guarantees of the Subsidiary Guarantors; (3) the purchase price, denomination and any limit upon the aggregate principal amount of the Securities of the series which that may be authenticated and delivered under this Indenture (except for Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities of the series pursuant to Section 3.04, 3.05, 3.06, 9.06 4.03 or 11.07 and except for any Securities which11.04); provided, pursuant however, that the authorized aggregate principal amount of such series may from time to Section 3.03, are deemed never time be increased above such amount by a Board Resolution to have been authenticated and delivered hereunder)such effect; (4) the Person to whom any interest on a Security of the series shall be payable, if other than the Person in whose name that Security (or one or more Predecessor Securities) is registered at the close of business on the Regular Record Date for such interest; (5C) the date or dates on which the principal of any and premium, if any, on the Securities of the series is payableare payable or the method of determination thereof; (6D) the rate or rates (which may be fixed or variable), or the method of determination thereof, at which any the Securities of the series shall bear interest, if any, or the method of calculating such rate or rates of interest, the method of payment of interest (in particular, whether the interest will be paid in kind or otherwise), the date or dates from which any such interest shall accrue accrue, or the method by which such date or dates shall be determinedof determination thereof, the Interest Payment Dates on which any such interest shall be payable and the Regular Record Date Date, if any, for any such the interest payable on any Interest Payment Date; (7) the place or places where the principal of and any premium and interest on any Securities of the series shall be payable; (8) the place or places where the Securities may be exchanged or transferred and notices and demands to or upon the Company in respect of the Securities and this Indenture may be served; (9) the period or periods within which, the price or prices at which and the terms and conditions upon which any Securities of the series may be redeemed, in whole or in part, at the option of the Company and, if other than as provided in Section 11.03, the manner in which the particular Securities of such series (if less than all Securities of such series are to be redeemed) are to be selected for redemption; (10) the obligation, if any, of the Company to redeem or purchase any Securities of the series in whole or in part pursuant to any sinking fund or analogous provisions or upon the happening of a specified event, passage of time, or at the option of the Holder thereof and the period or periods within which, the price or prices at which and the terms and conditions upon which any Securities of the series shall be redeemed or purchased, in whole or in part, pursuant to such obligation; (11) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which any Securities of the series shall be issuable; (12) if the amount of payments of principal of or any premium or interest on any Securities of the series may be determined with reference to an index or pursuant to a formula or other method, the manner in which such amounts shall be determined; (13E) if other than the currency of the United States of AmericaStates, the currency, currency or currencies or currency units unit or units, including composite currencies, in which payment of the principal of of, premium, if any, or any premium or interest interest, if any, on any the Securities of the series shall be payable and the manner of determining the equivalent thereof in the currency of the United States of America for any purpose, including for purposes of the definition of “Outstanding” in Section 1.01; (14F) if the principal of of, premium if any, or any premium or interest interest, if any, on any the Securities of the series is are to be payable, at the election of the Company Company, or the Holder thereofa Holder, in one a currency or more currencies or currency unit or units other than that or those in which such the Securities are stated to be payable, the currency, currencies or currency units in which the principal of or any premium or interest on such Securities as to which such election is made shall be payable, the period or periods within which which, and the terms and conditions upon which which, such election is may be made or the other circumstances under which any of such Securities are to be made so payable, and any provision requiring the amount so payable (or the manner in which Holder to bear currency exchange costs by deduction from such amount shall be determined)payments; (15G) if other than the entire principal amount thereof, the portion of the principal amount of payments of principal of, premium, if any, or interest, if any, on, any Securities of the series which shall be payable upon declaration of acceleration of the Maturity thereof pursuant to Section 5.02 or the method by which such portion shall be determined; (16) any modifications of or additions to the Events of Default or the covenants of the Company set forth herein with respect to Securities of the series; and whether and the conditions under which the Holders of the Securities of the series may waive be determined with reference to an index, formula, or other method, the manner in which such amounts shall be determined; (H) the place or places where the principal of, premium, if any, and interest, if any, on, the Securities of the series shall be payable, the place or places where the Securities of such series may be presented for registration of transfer or exchange, and the place or places where notices and demands to or upon the Company in respect of the Securities of such series may be made; (I) if applicable, the period or periods within or the date or dates on which, the price or prices at which, and the terms and conditions upon which, Securities of the series may be redeemed, in whole or in part, at the option of the Company; (J) if applicable, the period or periods within or the date or dates on which, the price or prices at which, and the terms and conditions upon which, Securities of the series may be redeemed, in whole or in part, at the option of the Holders; (K) the obligation or right, if any, of the Company to redeem, purchase or repay Securities of the series pursuant to any sinking fund or analogous provisions or at the option of a Holder thereof and the period or periods within which, the price or prices at which, the currency or currencies (including currency unit or units) in which and the other terms and conditions upon which Securities of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such Event obligation; (L) the terms of Default any right to convert or compliance with exchange Securities of the series, either at the option of the Holder thereof or the Company, into or for shares of common stock of the Company or other securities or property (whether of the Company, or any other Person), including, without limitation, the period or periods within which and the price or prices (including adjustments thereto) at which any Securities of the series shall be converted or exchanged, in whole or in part; (M) whether the Securities of the series, or any portion thereof, shall initially be issuable in the form of a temporary Global Security representing all or such covenant relating to portion of the Securities of such series and provisions for the exchange of such temporary Global Security for definitive Securities of such series; (17N) if whether the principal amount payable at the Stated Maturity of any Securities of the series will not be determinable as of any one or more dates prior to the Stated Maturity, the amount which shall be deemed to be the principal amount of such Securities as of any such date for any purpose thereunder or hereunder, including the principal amount thereof which shall be due and payable upon any Maturity other than the Stated Maturity or which shall be deemed to be Outstanding as of any date prior to the Stated Maturity (or, in any such case, the manner in which such amount deemed to be the principal amount shall be determined); (18) if applicable, that the Securities of the series, in whole or any specified part, shall be defeasible pursuant to Section 15.02 or Section 15.03 or both such Sections and, if other than by a Board Resolution, the manner in which any election by the Company to defease such Securities shall be evidenced; (19) if applicable, that any Securities of the series shall be issuable issued in whole or in part in the form of one or more Global Securities and, in such case, the respective Depositaries for such Global Securities, the form of any legend or legends which shall be borne by any such Global Security in addition to or in lieu of that set forth in Section 2.05 and any circumstances in addition to or in lieu of those set forth in clause (2) of the last paragraph of Section 3.05 in which any such Global Security may be exchanged in whole or in part for Securities registered, and any transfer of such Global Security in whole or in part may be registered, in the name or names of Persons other than the Depositary for such Global Security or a nominee Securities; (O) the denominations in which Securities of the series, if any, shall be issuable, if other than the denominations of $1,000 and any integral multiple thereof; (20P) if other than the principal amount thereof, the portion of the principal amount of any of the Securities of the series which shall be payable upon declaration of acceleration of the maturity thereof pursuant to Section 6.02; (Q) the application, if any, of Section 13.01, or such other means of satisfaction and discharge as may be specified for the Securities of the series; (R) whether the Securities of the series, in whole or any specified part, shall be subject to defeasance or covenant defeasance pursuant to Section 13.02 and, if so, the provisions relating thereto and the manner in which any election by the Company to provide for defeasance or covenant defeasance of such Securities shall be evidenced if different from the provisions herein relating thereto; (S) the appointment of any Paying Agent or Agents for the Securities of such series, if other than the Trustee; (T) any addition deletions from or modifications of or additions to or change in the Events of Default set forth in Section 6.01 which applies apply to any the Securities of the series and series, any change in the right of the Trustee or the requisite Holders of such Securities to declare the principal amount thereof due and payable pursuant to Section 5026.02 or any other modifications to Article VI; (21U) any addition deletions from or modifications of or additions to or change in the covenants set forth in Article Ten V which applies apply to the Securities of the series; (22V) whether any limitations on the rights of the Holders of the Securities of the Series to transfer or exchange such Securities or to obtain the registration of transfer thereof; (W) whether any payment or other obligations on Securities of such series will are to be convertible into Common Stock (or cash in lieu thereof) secured by any property and, if so, the terms nature of such security and conditions upon which such conversion will be effectedprovisions related thereto; (23X) whether payment of amounts due with respect to Securities of such series is subordinated in right of payment to the prior payment of any other indebtedness, and, if so, the extent and in the manner of such subordinations and any other provisions relating thereto; (Y) the additions or changes, if any, to this Indenture with respect to the Securities of such series as shall be necessary to permit or facilitate the issuance of the Securities of such series in bearer form, registrable or not registrable as to principal, and with or without interest coupons; (Z) the form of the Securities of the series will (including legends, if any, to be securedimprinted thereon and the circumstances, and if soany, in what manner;which require the imprinting of such legends); and (24AA) any other terms of the series (which terms shall not be inconsistent with the provisions of this Indenture, except as permitted by Section 9.01(5)); (25) any agents for the series, including trustees, depositories, authenticating, conversion, calculation or paying agents, transfer agents or registrars; and (26) any other terms of the series, including any terms which may be required by or advisable under the laws of the United States of America or regulations thereunder or advisable (as determined by the Company) in connection with the marketing of Securities of the series. All Securities of any one series shall be substantially identical except as to denomination and except as may otherwise be provided in or pursuant to the Board Resolution referred to above and (subject to Section 3.03) set forth, or determined in the manner provided, in the Officers’ Certificate referred to above or in any such indenture supplemental hereto. All Securities of any one series need not be issued at the same time and, unless otherwise provided, a series may be reopened, without the consent of the Holders, for issuances of additional Securities of such seriesseries and any other deletions from or modification of or additions to this Indenture in respect of such Securities. If any of the terms of the Securities of any series are established by action taken pursuant to a one or more Board ResolutionResolutions, a copy of an appropriate record of such action shall be certified by the Secretary or an Assistant Secretary of the Company and delivered to the Trustee at or prior to the delivery initial issuance of the Officers’ Certificate setting forth the terms of the series. The Securities of each series shall have the benefit of the Subsidiary Guarantees unless the Company elects otherwise upon the establishment of a series pursuant to this Section 3.01such series.

Amount Unlimited; Issuable in Series. The aggregate principal amount of Securities which may be authenticated and delivered under this Indenture and the Subordinated Indenture is unlimited. The Securities may be issued from time to time in one or more series. Prior to the issuance of Securities of any series, there There shall be established in one or more Board Resolutions or pursuant to a authority granted by one or more Board Resolution Resolutions and, subject to Section 3.03303, set forthforth in, or determined in the manner providedprovided in, in an Officers’ ' Certificate, or established in one or more indentures supplemental hereto, prior to the issuance of Securities of any series,, any or all of the following, as applicable (each of which (except for the matters set forth in clauses (1), (2) and (17) below), if so provided, may be determined from time to time by the Company with respect to unissued Securities of the series and set forth in such Securities of the series when issued from time to time): (1) the title of the Securities of the series (which shall distinguish the Securities of the series from Securities all other series of any other seriesSecurities); (2) whether the Securities of the series will or will not have the benefit of the Subsidiary Guarantees of the Subsidiary Guarantors; (3) the purchase price, denomination and any limit upon the aggregate principal amount of the Securities of the series which that may be authenticated and delivered under this Indenture (except for Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities of the series pursuant to Section 3.04304, 3.05305, 3.06306, 9.06 906, 1107 or 11.07 and except for any Securities which, pursuant to Section 3.03, are deemed never to have been authenticated and delivered hereunder1305); (3) the date or dates, or the method by which such date or dates will be determined or extended, on which the principal of the Securities of the series is payable; (4) the rate or rates at which the Securities of the series shall bear interest, if any, or the method by which such rate or rates shall be determined, the date or dates from which such interest shall accrue, or the method by which such date or dates shall be determined, the Interest Payment Dates on which such interest shall be payable and the Regular Record Date, if any, for the interest payable on any Registered Security on any Interest Payment Date, or the method by which such date or dates shall be determined, and the basis upon which interest shall be calculated if other than on the basis of a 360-day year of twelve 30-day months; (5) the place or places, if any, other than or in addition to the Borough of Manhattan, The City of New York, where the principal of (and premium, if any, on) and any interest on Securities of the series shall be payable, any Registered Securities of the series may be surrendered for registration of transfer, Securities of the series may be surrendered for exchange and, if different than the location specified in Section 106, the place or places where notices or demands to or upon the Company in respect of the Securities of the series and this Indenture may be served; (6) the period or periods within which, the price or prices at which, the Currency in which, and other terms and conditions upon which Securities of the series may be redeemed, in whole or in part, at the option of the Company, if the Company is to have that option; (7) the obligation, if any, of the Company to redeem, repay or purchase Securities of the series pursuant to any sinking fund or analogous provision or at the option of a Holder thereof, and the period or periods within which, the price or prices at which, the Currency in which, and other terms and conditions upon which Securities of the series shall be redeemed, repaid or purchased, in whole or in part, pursuant to such obligation; (8) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which any Registered Securities of the series shall be issuable and, if other than the denomination of $5,000, the denomination or denominations in which any Bearer Securities of the series shall be issuable; (9) if other than the Trustee, the identity of each Security Registrar and/or Paying Agent; (10) if other than the principal amount thereof, the portion of the principal amount of Securities of the series that shall be payable upon declaration of acceleration of the Maturity thereof pursuant to Section 502 or the method by which such portion shall be determined; (11) if other than Dollars, the Currency in which payment of the principal of (and premium, if any, on) or interest, if any, on the Securities of the series shall be payable or in which the Securities of the series shall be denominated and the particular provisions applicable thereto in accordance with, in addition to or in lieu of any of the provisions of Section 312; (12) whether the amount of payments of principal of (and premium, if any, on) or interest on the Securities of the series may be determined with reference to an index, formula or other method (which index, formula or method may be based, without limitation, on one or more Currencies, commodities, equity indices or other indices), and the manner in which such amounts shall be determined; (13) whether the principal of (and premium, if any, on) and interest, if any, on the Securities of the series are to be payable, at the election of the Company or a Holder thereof, in a Currency other than that in which such Securities are denominated or stated to be payable, the period or periods within which (including the Election Date), and the terms and conditions upon which, such election may be made, and the time and manner of determining the exchange rate between the Currency in which such Securities are denominated or stated to be payable and the Currency in which such Securities are to be so payable, in each case in accordance with, in addition to or in lieu of any of the provisions of Section 312; (14) the designation of the initial Exchange Rate Agent, if any; (15) any provisions in modification of, in addition to or in lieu of the provisions of Article Fourteen that shall be applicable to the Securities of the series; (16) provisions, if any, granting special rights to the Holders of Securities of the series upon the occurrence of such events as may be specified; (17) any deletions from, modifications of or additions to the Events of Default or covenants of the Company with respect to Securities of the series, whether or not such Events of Default or covenants are consistent with the Events of Default or covenants set forth herein; (18) whether Securities of the series are to be issuable as Registered Securities, Bearer Securities (with or without coupons) or both, any restrictions applicable to the offer, sale or delivery of Bearer Securities, whether any Securities of the series are to be issuable initially in temporary global form and whether any Securities of the series are to be issuable in permanent global form with or without coupons and, if so, whether beneficial owners of interests in any such permanent global Security may exchange such interests for Securities of such series and of like tenor of any authorized form and denomination and the circumstances under which any such exchanges may occur, if other than in the manner provided in Section 305, whether Registered Securities of the series may be exchanged for Bearer Securities of the series (if permitted by applicable laws and regulations), whether Bearer Securities of the series may be exchanged for Registered Securities of the series, and the circumstances under which and the place or places where such exchanges may be made and if Securities of the series are to be issuable in global form, the identity of any initial depository therefor; (19) the date as of which any Bearer Securities of the series and any temporary global Security representing Outstanding Securities of the series shall be dated if other than the date of original issuance of the first Security of the series to be issued; (20) the Person to whom any interest on a any Registered Security of the series shall be payable, if other than the Person in whose name that Security (or one or more Predecessor Securities) is registered at the close of business on the Regular Record Date for such interest; (5) , the date or dates on which the principal of any Securities of the series is payable; (6) the rate or rates at which any Securities of the series shall bear interest, if anymanner in which, or the method of calculating such rate or rates of interestPerson to whom, the method of payment of interest (in particular, whether the interest will be paid in kind or otherwise), the date or dates from which any such interest shall accrue or the method by which such date or dates shall be determined, the Interest Payment Dates on which any such interest shall be payable and the Regular Record Date for any such interest payable on any Interest Payment Date; (7) the place or places where the principal of and any premium and interest on any Securities Bearer Security of the series shall be payable, if otherwise than upon presentation and surrender of the coupons appertaining thereto as they severally mature, and the extent to which, or the manner in which, any interest payable on a temporary global Security on an Interest Payment Date will be paid if other than in the manner provided in Section 304; (8) the place or places where the Securities may be exchanged or transferred and notices and demands to or upon the Company in respect of the Securities and this Indenture may be served; (921) the period or periods within which, the price or prices at which and the terms and conditions upon which any if Securities of the series may be redeemed, in whole or in part, at the option of the Company and, if other than as provided in Section 11.03, the manner in which the particular Securities of such series (if less than all Securities of such series are to be redeemedissuable in definitive form (whether upon original issue or upon exchange of a temporary Security of such series) are to be selected for redemptiononly upon receipt of certain certificates or other documents or satisfaction of other conditions, the form and/or terms of such certificates, documents or conditions; (10) the obligation, if any, of the Company to redeem or purchase any Securities of the series in whole or in part pursuant to any sinking fund or analogous provisions or upon the happening of a specified event, passage of time, or at the option of the Holder thereof and the period or periods within which, the price or prices at which and the terms and conditions upon which any Securities of the series shall be redeemed or purchased, in whole or in part, pursuant to such obligation; (1122) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which any Securities of the series shall be issuable; (12) if the amount of payments of principal of or any premium or interest on any Securities of the series may be determined with reference to an index or pursuant to a formula or other method, the manner in which such amounts shall be determined; (13) if other than the currency of the United States of America, the currency, currencies or currency units in which the principal of or any premium or interest on any Securities of the series shall be payable and the manner of determining the equivalent thereof in the currency of the United States of America for any purpose, including for purposes of the definition of “Outstanding” in Section 1.01; (14) if the principal of or any premium or interest on any Securities of the series is to be payable, at the election of the Company or the Holder thereof, in one or more currencies or currency units other than that or those in which such Securities are stated to be payable, the currency, currencies or currency units in which the principal of or any premium or interest on such Securities as to which such election is made shall be payable, the periods within which and the terms and conditions upon which such election is to be made and the amount so payable (or the manner in which such amount shall be determined); (15) if other than the entire principal amount thereof, the portion of the principal amount of any Securities of the series which shall be payable upon declaration of acceleration of the Maturity thereof pursuant to Section 5.02 or the method by which such portion shall be determined; (16) any modifications of or additions to the Events of Default or the covenants of the Company set forth herein with respect to Securities of the series; and whether and the conditions under which the Holders of the Securities of the series may waive any are to be issued upon the exercise of warrants or upon the conversion or exchange of other securities, the time, manner and place for such Event of Default or compliance with any such covenant relating Securities to the Securities of such seriesbe authenticated and delivered; (1723) if the principal amount payable at the Stated Maturity of any Securities of the series will not be determinable as of any one or more dates prior to the Stated Maturity, the amount which shall be deemed to be the principal amount of such Securities as of any such date for any purpose thereunder or hereunder, including the principal amount thereof which shall be due whether and payable upon any Maturity other than the Stated Maturity or which shall be deemed to be Outstanding as of any date prior to the Stated Maturity (or, in any such case, the manner in which such amount deemed to be the principal amount shall be determined); (18) if applicable, that the Securities of the series, in whole or any specified part, shall be defeasible pursuant to Section 15.02 or Section 15.03 or both such Sections and, if other than by a Board Resolution, the manner in which any election by under what circumstances the Company to defease such Securities shall be evidenced; (19) if applicable, that any Securities of the series shall be issuable in whole or in part in the form of one or more Global Securities and, in such case, the respective Depositaries for such Global Securities, the form of any legend or legends which shall be borne will pay Additional Amounts as contemplated by any such Global Security in addition to or in lieu of that set forth in Section 2.05 and any circumstances in addition to or in lieu of those set forth in clause (2) of the last paragraph of Section 3.05 in which any such Global Security may be exchanged in whole or in part for Securities registered, and any transfer of such Global Security in whole or in part may be registered, in the name or names of Persons other than the Depositary for such Global Security or a nominee thereof; (20) any addition to or change in the Events of Default which applies to any Securities of the series and any change in the right of the Trustee or the requisite Holders of such Securities to declare the principal amount thereof due and payable pursuant to Section 502; (21) any addition to or change in the covenants set forth in Article Ten which applies to Securities of the series; (22) whether 1005 on the Securities of the series will be convertible into Common Stock to any Holder who is not a United States person (including any modification to the definition of such term) in respect of any tax, assessment or cash in lieu thereof) governmental charge and, if so, whether the Company will have the option to redeem such Securities rather than pay such Additional Amounts (and the terms of any such option); (24) if the Securities of the series are to be convertible into or exchangeable for any securities of any Person (including the Company), the terms and conditions upon which such conversion Securities will be effectedso convertible or exchangeable; (23) whether the Securities of the series will be secured, and if so, in what manner; (2425) any other terms of terms, conditions, rights and preferences (or limitations on such rights and preferences) relating to the series (which terms shall not be inconsistent with the requirements of the Trust Indenture Act or the provisions of this Indenture, except as permitted by Section 9.01(5)); (25) any agents for the series, including trustees, depositories, authenticating, conversion, calculation or paying agents, transfer agents or registrars; and (26) any other terms of the series, including any terms which may be required by or advisable under the laws of the United States of America or regulations thereunder or advisable (as determined by the Company) in connection with the marketing of Securities of the series. All Securities of any one series and the coupons appertaining to any Bearer Securities of such series shall be substantially identical except except, in the case of Registered Securities, as to denomination and except as may otherwise be provided in or pursuant to the such Board Resolution referred to above and (subject to Section 3.03303) and set forth, or determined forth in the manner provided, in the such Officers’ ' Certificate referred to above or in any such indenture supplemental hereto. All Not all Securities of any one series need not be issued at the same time time, and, unless otherwise provided, a series may be reopened, without the consent of the Holders, reopened for issuances of additional Securities of such series. If any of the terms of the Securities of any series are established by action taken pursuant to a one or more Board ResolutionResolutions, a copy of an appropriate record of such action Board Resolutions shall be certified by the Secretary or an Assistant Secretary of the Company and delivered to the Trustee at or prior to the delivery of the Officers’ ' Certificate setting forth the terms of the series. The Securities of each series shall have the benefit of the Subsidiary Guarantees unless the Company elects otherwise upon the establishment of a series pursuant to this Section 3.01.

Amount Unlimited; Issuable in Series. (a) The aggregate principal amount of Securities which may be authenticated authenticated, delivered and delivered outstanding under this Indenture is unlimited. The Securities may be issued from time to time in one or more series. Prior to the issuance of Securities of any series, there . (b) The following matters shall be established in or with respect to each series of Securities issued hereunder (i) by a Board Resolution, (ii) by action taken pursuant to a Board Resolution and, and (subject to Section 3.03, 3.3) set forth, or determined in the manner provided, in an Officers’ Certificate, ' Certificate or established (iii) in one or more indentures supplemental hereto, prior to the issuance of Securities of any series,: (1) the title of the Securities of the series (which title shall distinguish the Securities of the series from Securities all other series of any other seriesSecurities); (2) whether the Securities of the series will or will not have the benefit of the Subsidiary Guarantees of the Subsidiary Guarantors; (3) the purchase price, denomination and any limit upon the aggregate principal amount of the Securities of the series which may be authenticated authenticated, delivered and delivered outstanding under this Indenture (except for which limit shall not pertain to Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities of the series pursuant to Section 3.043.4, 3.053.5, 3.063.6, 9.06 8.6, or 11.07 10.7 and except for any Securities which, pursuant to Section 3.033.3, are deemed never to have been authenticated and delivered hereunder); (4) the Person to whom any interest on a Security of the series shall be payable, if other than the Person in whose name that Security (or one or more Predecessor Securities) is registered at the close of business on the Regular Record Date for such interest; (53) the date or dates on which the principal of any and premium, if any, on the Securities of the series is payablepayable or the method of determination and/or extension of such date or dates; and the amount or amounts of such principal and premium, if any, payments or the method of determination thereof; (64) the rate or rates (which may be fixed or variable) at which any the Securities of the series shall bear interest, if any, or the method of calculating and/or resetting such rate or rates of interest, the method of payment of interest (in particular, whether the interest will be paid in kind or otherwise), the date or dates from which any such interest shall accrue or the method by which such date or dates shall be determined, the Interest Payment Dates on which any such interest shall be payable and or the method by which such dates will be determined and, with respect to Registered Securities, the Regular Record Date Date, if any, for any such the interest payable on any Registered Security on any Interest Payment DateDate and the basis upon which interest shall be calculated if other than upon a 360-day year of twelve 30-day months; (75) the place or places where the principal of of, premium, if any, and any premium and interest interest, if any, on any Securities of the series shall be payable; (8) the place or places where the Securities may be exchanged or transferred and notices and demands to or upon the Company in respect of the Securities and this Indenture may be served; (96) the period or periods within which, the price or prices at which which, the currency or currencies (including currency units) in which, and the other terms and conditions upon which any which, Securities of the series may be redeemed, in whole or in part, at the option of the Company or otherwise, and, if other than as provided in Section 11.0310.3, the manner in which the particular Securities of such series (if less than all Securities of such series are to be redeemed) are to be selected for redemption; (107) the obligation, if any, of the Company to redeem or purchase any Securities of the series in whole or in part pursuant to any sinking fund or analogous provisions or upon the happening of a specified event, passage of time, event or at the option of the a Holder thereof and the period or periods within which, the price or prices at which which, and the other terms and conditions upon which any which, Securities of the series shall be redeemed or purchased, in whole or in part, pursuant to such obligationobligation and provisions for the remarketing of such series; (11) 8) if other than denominations of $1,000 and any integral multiple thereof, for Registered Securities, and if other than denominations of $5,000 and any integral multiple thereof, for Bearer Securities, the denominations in which any Securities of the series shall be issuable; (9) if other than Dollars, the currency or currencies (including currency unit or units) in which the principal of, premium, if any, and interest, if any, or other payments, if any, on the Securities of the series shall be payable, or in which the Securities of the series shall be denominated, and the particular provisions applicable thereto in accordance with, in addition to, or in lieu of the provisions of Section 3.11; (10) the terms, if any, upon which Securities of the series may be convertible into or exchanged for other Securities of the Company and the terms and conditions upon which the conversion or exchange shall be effected, including the initial conversion or exchange price or rate, the conversion or exchange period, and any other additional provisions; (11) if the payments of principal of, premium, if any, or interest, if any, or other payments, if any, on the Securities of the series are to be made, at the election of the Company or a Holder, in a currency or currencies (including currency unit or units) other than that in which such Securities are denominated or designated to be payable, the currency or currencies (including currency unit or units) in which such payments are to be made, the terms and conditions of such payments and the manner in which the exchange rate with respect to such payments shall be determined, and the particular provisions applicable thereto in accordance with, in addition to, or in lieu of the provisions of Section 3.11; (12) if the amount of payments of principal of of, premium, if any, and interest, if any, or any premium or interest other payments, if any, on any the Securities of the series may shall be determined with reference to an index or pursuant to a index, formula or other methodmethod (which index, formula or method may be based, without limitation, on the price of one or more commodities, derivatives or securities; one or more securities, derivatives or commodities exchange indices or other indices; a currency or currencies (including currency unit or units) other than that in which the Securities of the series are denominated or designated to be payable; or any other variable or the relationship between any variables or combination of variables), the manner in index, formula or other method by which such amounts shall be determined; (13) if other than the currency of the United States of America, the currency, currencies or currency units in which the principal of or any premium or interest on any Securities of the series shall be payable and the manner of determining the equivalent thereof in the currency of the United States of America for any purpose, including for purposes of the definition of “Outstanding” in Section 1.01; (14) if the principal of or any premium or interest on any Securities of the series is to be payable, at the election of the Company or the Holder thereof, in one or more currencies or currency units other than that or those in which such Securities are stated to be payable, the currency, currencies or currency units in which the principal of or any premium or interest on such Securities as to which such election is made shall be payable, the periods within which and the terms and conditions upon which such election is to be made and the amount so payable (or the manner in which such amount shall be determined); (15) if other than the entire principal amount thereof, the portion of the principal amount of any such Securities of the series or other amount which shall be payable upon declaration of acceleration of the Maturity thereof pursuant to Section 5.02 5.2 or provable in bankruptcy or the method by which such portion or amount shall be determined; (1614) if other than as provided in Section 3.7, the Person to whom any modifications interest on any Registered Security of or additions to the Events of Default series shall be payable and the manner in which, or the covenants of the Company set forth herein with respect Person to Securities of the series; and whether and the conditions under which the Holders of the whom, any interest on any Bearer Securities of the series may waive any such Event of Default or compliance with any such covenant relating to the Securities of such seriesshall be payable; (1715) if the principal amount payable at the Stated Maturity of any Securities of the series will not be determinable as of any one or more dates prior to the Stated Maturity, the amount which shall be deemed to be the principal amount of such Securities as of any such date for any purpose thereunder hereunder or hereunderthereunder, including the principal amount thereof which shall be due and payable upon any Maturity or, if other than as provided in the Stated Maturity or definition of the term "Outstanding", which shall be deemed to be Outstanding as of any date prior to the Stated Maturity (or, in any such case, the manner in which such amount deemed to be the principal amount shall be determined)) and, if necessary, the manner of determining the equivalent thereof in U.S. currency; (16) provisions, if any, granting special rights to the Holders of Securities of the series upon the occurrence of such events as may be specified; (17) the applicability of or any deletions from, modifications of or additions to the Events of Default set forth in Section 5.1 or covenants of the Company set forth in Article IX pertaining to the Securities of the series; (18) under what circumstances, if applicableany, that the Company will pay additional amounts on the Securities of the series, that series held by a Person who is not a U.S. Person in whole respect of taxes or any specified part, shall be defeasible pursuant to Section 15.02 similar charges withheld or Section 15.03 or both such Sections deducted and, if other than by a Board Resolutionso, the manner in which any election by whether the Company will have the option to defease redeem such Securities shall be evidencedrather than pay such additional amounts (and the terms of any such option); (19) if applicable, that any whether Securities of the series shall be issuable as Registered Securities or Bearer Securities (with or without interest coupons), or both, and any restrictions applicable to the offering, sale or delivery of Bearer Securities and, if other than as provided in Section 3.5, the terms upon which Bearer Securities of a series may be exchanged for Registered Securities of the same series and vice versa; (20) the date as of which any Bearer Securities of the series and any temporary global Security representing Outstanding Securities of the series shall be dated if other than the date of original issuance of the first Security of the series to be issued; (21) the forms of the Securities and coupons, if any, of the series; (22) any changes or additions to the provisions provided in Article Four of this Indenture pertaining to defeasance, including without limitation, the exclusion of Section 4.4 or 4.5, or both, with respect to the Securities of or within the series; or the applicability, if any, to the Securities of or within the series of such means of defeasance or covenant defeasance other than those provided in Sections 4.4 and 4.5 as may be specified for the Securities and coupons, if any, of such series, and whether, for the purpose of any defeasance or covenant defeasance pursuant to Section 4.4 or 4.5 or otherwise, the term "Government Obligations" shall include obligations referred to in the definition of such term which are not obligations of the United States or an agency or instrumentality of the United States; (23) if other than the Trustee, the identity of the Registrar and any Paying Agent; (24) any terms which may be related to warrants, options or other rights to purchase and sell securities issued by the Company in connection with, or for the purchase of, Securities of such series, including whether and under what circumstances the Securities of any series may be used toward the exercise price of any such warrants, options or other rights; (25) the designation of the initial Exchange Rate Agent, if any; (26) whether any of the Securities of the series shall be issued in whole or in part in global form, and if so (i) the form of one or more Global Securities and, in such case, the respective Depositaries Depository for such Global global Securities, (ii) the form of any legend or legends which shall be borne by any such Global Security in addition to or in lieu of that set forth in Section 2.05 and any circumstances 2.4 which shall be borne by such global Securities, (iii) whether beneficial owners of interests in addition to or in lieu of those set forth in clause (2) of the last paragraph of Section 3.05 in which any such Global Security may be exchanged in whole or in part for Securities registered, and any transfer of such Global Security in whole or in part may be registered, in the name or names of Persons other than the Depositary for such Global Security or a nominee thereof; (20) any addition to or change in the Events of Default which applies to any Securities of the series and any change in the right of the Trustee or the requisite Holders global form may exchange such interests for certificated Securities of such Securities to declare series and of like tenor of any authorized form and denomination, and (iv) if other than as provided in Section 3.5, the principal amount thereof due and payable pursuant to Section 502circumstances under which any such exchange may occur; (2127) any addition to or change in the covenants set forth in Article Ten which applies to subordination, if any, of the Securities of the series; (2228) whether if the Securities of the series will be convertible into Common Stock governed by, and the extent to which such Securities will be governed by, any law other than the laws of the state of New York; and (or cash in lieu thereof29) andthe terms, if soany, of any guarantee of the terms payment of principal, premium and conditions upon which such conversion will be effectedinterest with respect to Securities of the series and any corresponding changes to the provisions of this Indenture as then in effect; (2330) whether the terms, if any, of the transfer, mortgage, pledge or assignment as security for the Securities of the series will be securedof any properties, assets, moneys, proceeds, securities or other collateral, including whether certain provisions in the Trust Indenture Act are applicable and if so, any corresponding changes to provisions of this Indenture as then in what mannereffect; (24) any other terms of the series (which terms shall not be inconsistent with the provisions of this Indenture, except as permitted by Section 9.01(5)); (25) any agents for the series, including trustees, depositories, authenticating, conversion, calculation or paying agents, transfer agents or registrars; and (2631) any other terms of the series, including any terms which may be required by or advisable under the laws of the United States of America laws or regulations thereunder or advisable (as determined by the Company) in connection with the marketing of Securities of the series. All . (c) The terms applicable to the Securities of any one series shall and coupons, if any, appertaining to any Bearer Securities of such series need not be substantially identical except as to denomination and except but may vary as may otherwise be provided in or (i) by a Board Resolution, (ii) by action taken pursuant to the a Board Resolution referred to above and (subject to Section 3.033.3) set forth, or determined in the manner provided, in the related Officers’ ' Certificate referred to above or (iii) in any such an indenture supplemental hereto. All Securities of any one series need not be issued at the same time and, unless otherwise provided, a series may be reopened, without the consent of the Holders, for issuances of additional Securities of such series. . (d) If any of the terms of the Securities of any series are established by action taken pursuant to a Board Resolution, a copy of an appropriate record of such action Board Resolution shall be certified by the Corporate Secretary or an Assistant Secretary of the Company and delivered to the Trustee at or prior to the delivery of the Officers’ ' Certificate setting forth forth, or providing the manner for determining, the terms of the Securities of such series. The , and an appropriate record of any action taken pursuant thereto in connection with the issuance of any Securities of such series shall be delivered to the Trustee prior to the authentication and delivery thereof. (e) Except as may be otherwise expressly provided in the applicable Board Resolutions or supplemental indenture, as contemplated by this Section 3.1, the Securities of any Series shall rank pari passu with the Securities of each series shall have the benefit of the Subsidiary Guarantees unless the Company elects otherwise upon the establishment of a series pursuant to this Section 3.01other Series.

Amount Unlimited; Issuable in Series. The aggregate principal amount of Securities which may be authenticated and delivered under this Indenture is unlimited. The Securities may be issued from time to time in one or more series. Prior to the issuance of Securities of any series, there There shall be established in or pursuant to a Board Resolution andResolution, subject to Section 3.03, and set forth, or determined in the manner provided, forth in an Officers’ Certificate, or established in one or more indentures supplemental hereto, prior to the issuance of Securities of any series, (1) the title of the Securities of the series (which shall distinguish the Securities of the series from Securities of any all other seriesSecurities); (2) whether the Securities of the series will or will not have the benefit of the Subsidiary Guarantees of the Subsidiary Guarantors; (3) the purchase price, denomination and any limit upon the aggregate principal amount of the Securities of the series which that may be authenticated and delivered under this Indenture (except for Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities of the series pursuant to Section 3.04Sections 3.4, 3.053.5, 3.063.6, 9.06 9.6 or 11.07 and except for any Securities which, pursuant to Section 3.03, are deemed never to have been authenticated and delivered hereunder11.7); (4) the Person to whom any interest on a Security of the series shall be payable, if other than the Person in whose name that Security (or one or more Predecessor Securities) is registered at the close of business on the Regular Record Date for such interest; (53) the date or dates on which the principal of any the Securities of the series is payable; (64) the rate or rates at which any the Securities of the series shall bear interest, if any, or the method of calculating such rate or rates of interest, the method of payment of interest (in particular, whether the interest will be paid in kind or otherwise), the date or dates from which any such interest shall accrue (which, in either case or both, if so provided in such Board Resolution, may be determined by the method by which such date or dates shall be determinedCompany from time to time and set forth in the Securities of the series issued from time to time), the Interest Payment Dates on which any such interest shall be payable and the Regular Record Date for any such the interest payable on any Interest Payment Date; (75) the place or places where where, subject to the provisions of Section 10.2, the principal of (and any premium premium, if any) and interest on any Securities of the series shall be payable; (8) the place or places where the , any Securities of that series may be exchanged or transferred surrendered for exchange, and notices and demands to or upon the Company in respect of the Securities of that series and this Indenture may be served; (96) the period or periods within which, the price or prices at which which, the currency or currency unit in which, and the terms and conditions upon which any Securities of the series may be redeemed, in whole or in part, at the option of the Company and, if other than as provided in Section 11.03, the manner in which the particular Securities of such series (if less than all Securities of such series are to be redeemed) are to be selected for redemptionCompany; (107) the obligation, if any, of the Company to redeem or purchase any Securities of the series in whole or in part pursuant to any sinking fund or analogous provisions or upon the happening of a specified event, passage of time, or at the option of the a Holder thereof and the period or periods within which, the price or prices at which which, the currency or currency unit in which, and the terms and conditions upon which any Securities of the series shall be redeemed or purchased, in whole or in part, pursuant to such obligation; (11) 8) if other than denominations of $2,000 and integral multiples of $1,000 and any integral multiple in excess thereof, the denominations in which any Securities of the series shall be issuable; (12) if the amount of payments of principal of or any premium or interest on any Securities of the series may be determined with reference to an index or pursuant to a formula or other method, the manner in which such amounts shall be determined; (139) if other than the currency of the United States of America, the currency, currencies or currency units in which the principal of or any premium or interest on any Securities of the series shall be payable and the manner of determining the equivalent thereof in the currency of the United States of America for any purpose, including for purposes of the definition of “Outstanding” in Section 1.01; (14) if the principal of or any premium or interest on any Securities of the series is to be payable, at the election of the Company or the Holder thereof, in one or more currencies or currency units other than that or those in which such Securities are stated to be payable, the currency, currencies or currency units in which the principal of or any premium or interest on such Securities as to which such election is made shall be payable, the periods within which and the terms and conditions upon which such election is to be made and the amount so payable (or the manner in which such amount shall be determined); (15) if other than the entire principal amount thereof, the portion of the principal amount of any Securities of the series which that shall be payable upon declaration of acceleration of the Maturity thereof pursuant to Section 5.02 5.2; (10) any Events of Default and covenants of the Company with respect to the Securities of that series, whether or not such Events of Default or covenants are consistent with the method by Events of Defaults or covenants set forth herein; (11) if other than Dollars, the currency or currency unit in which payment of the principal of (and premium, if any) or interest, if any, on the Securities of that series shall be made or in which the Securities of that series shall be denominated and the particular provisions applicable thereto; (12) if the principal of (and premium, if any) and interest, if any, on the Securities of that series are to be payable, at the election of the Company or a Holder thereof, in a currency or currency unit other than that in which such portion Securities are denominated or stated to be payable, the period or periods within which, and the terms and conditions upon which, such election may be made, and the time and manner of determining the exchange rate between the currency or currency unit in which such Securities are denominated or stated to be payable and the currency or currency unit in which such Securities are to be so payable; (13) if the amount of payments of principal of (and premium, if any) or interest, if any, on the Securities of that series may be determined with reference to an index based on a currency or currency unit other than that in which such Securities are denominated or stated to be payable or any other index, the manner in which such amounts shall be determined; (1614) any modifications of or additions to the Events of Default or the covenants of the Company set forth herein with respect to Securities of the series; and whether and the conditions under which the Holders of if the Securities of that series do not bear interest, the series may waive any such Event applicable dates for purposes of Default or compliance with any such covenant Section 7.1; (15) if the provisions of Section 4.1 relating to the satisfaction and discharge of this Indenture shall apply to the Securities of such that series; or if provisions for the satisfaction and discharge of this Indenture other than as set forth in Section 4.1 shall apply to the Securities of that series; (16) the application, if any, of Section 10.11 to the Securities of that series; (17) if the principal amount payable at the Stated Maturity of any Securities of the series will not be determinable as of any one or more dates prior to the Stated Maturity, the amount which shall be deemed to be the principal amount of such Securities as of any such date for any purpose thereunder or hereunder, including the principal amount thereof which shall be due and payable upon any Maturity other than the Stated Maturity or which shall be deemed to be Outstanding as of any date prior to the Stated Maturity (or, in any such case, the manner in which such amount deemed to be the principal amount shall be determined); (18) if applicable, that whether the Securities of the series, in whole or any specified part, shall be defeasible pursuant to Section 15.02 or Section 15.03 or both such Sections and, if other than by a Board Resolution, the manner in which any election by the Company to defease such Securities shall be evidenced; (19) if applicable, that any Securities of the series shall be issuable issued in whole or in part in the form of one or more Global Securities and, in such case, the respective Depositaries for such Global Securities, the form of any legend or legends which shall be borne by any such Global Security in addition to or in lieu of that set forth in Section 2.05 and any circumstances in addition to or in lieu of those set forth in clause (2) of the last paragraph of Section 3.05 in which any such Global Security may be exchanged in whole or in part for Securities registered, and any transfer of such Global Security in whole or in part may be registered, in the name or names of Persons other than the Depositary for such Global Security or a nominee thereof;Securities; and whether such Global Security or Securities shall be temporary or permanent; and (20) any addition to or change in the Events of Default which applies to any Securities of the series and any change in the right of the Trustee or the requisite Holders of such Securities to declare the principal amount thereof due and payable pursuant to Section 502; (21) any addition to or change in the covenants set forth in Article Ten which applies to Securities of the series; (22) whether the Securities of the series will be convertible into Common Stock (or cash in lieu thereof) and, if so, the terms and conditions upon which such conversion will be effected; (23) whether the Securities of the series will be secured, and if so, in what manner; (2418) any other terms of the series (which terms shall not be inconsistent with the provisions of this Indenture, except as permitted by Section 9.01(5)); (25) any agents for the series, including trustees, depositories, authenticating, conversion, calculation or paying agents, transfer agents or registrars; and (26) any other terms of the series, including any terms which may be required by or advisable under the laws of the United States of America or regulations thereunder or advisable (as determined by the Company) in connection with the marketing of Securities of the series. All Securities of any one series shall be substantially identical except as to denomination denomination, rate of interest, Stated Maturity and the date from which interest, if any, shall accrue, and except as may otherwise be provided in or pursuant to the such Board Resolution referred relating thereto. The terms of such Securities, as set forth above, may be determined by the Company from time to above and (subject time if so provided in or established pursuant to Section 3.03) set forth, or determined the authority granted in the manner provided, in the Officers’ Certificate referred to above or in any such indenture supplemental heretoa Board Resolution. All Securities of any one series need not be issued at the same time andtime, and unless otherwise provided, a series may be reopened, without the consent of the Holders, reopened for issuances issuance of additional Securities of such series. If any of the terms of the Securities of any series are established by action taken pursuant to a Board Resolution, a copy of an appropriate record of such action shall be certified by the Secretary or an Assistant Secretary of the Company and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate setting forth the terms of the series. The Securities of each series shall have the benefit of the Subsidiary Guarantees unless the Company elects otherwise upon the establishment of a series pursuant to this Section 3.01.

Amount Unlimited; Issuable in Series. (a) The aggregate principal amount of Securities which may be authenticated and delivered under this Indenture is unlimited. The Securities may be issued from time to time in one or more series. Prior to the issuance of Securities of any series, there . (b) The following matters shall be established in or with respect to each series of Securities issued hereunder (i) by a Board Resolution, (ii) by action taken pursuant to a Board Resolution and, and (subject to Section 3.03, 3.3) set forth, or determined in the manner provided, in an Officers’ Certificate, ' Certificate or established (iii) in one or more indentures supplemental hereto, prior to the issuance of Securities of any series,: (1) the title of the Securities of the series (which title shall distinguish the Securities of the series from Securities all other series of any other seriesSecurities); (2) whether the Securities of the series will or will not have the benefit of the Subsidiary Guarantees of the Subsidiary Guarantors; (3) the purchase price, denomination and any limit upon the aggregate principal amount of the Securities of the series which may be authenticated and delivered under this Indenture (except for which limit shall not pertain to Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities securities of the series pursuant to Section 3.043.4, 3.053.5, 3.063.6, 9.06 3.14, 8.6, or 11.07 and except for any Securities which, pursuant to Section 3.03, are deemed never to have been authenticated and delivered hereunder10.7); (4) the Person to whom any interest on a Security of the series shall be payable, if other than the Person in whose name that Security (or one or more Predecessor Securities) is registered at the close of business on the Regular Record Date for such interest; (53) the date or dates on which the principal of any and premium, if any, on the Securities of the series is payablepayable or the method of determination thereof; (64) the rate or rates at which any the Securities of the series shall bear interest, if any, or the method of calculating such rate or rates of interest, the method of payment of interest (in particular, whether the interest will be paid in kind or otherwise), the date or dates from which any such interest shall accrue or the method by which such date or dates shall be determined, the Interest Payment Dates on which any such interest shall be payable and and, with respect to Registered Securities, the Regular Record Date Date, if any, for any such the interest payable on any Registered Security on any Interest Payment Date; (75) the place or places where the principal of of, premium, if any, interest, if any, and Liquidated Damages, if any premium and interest on any Securities securities of the series shall be payable; (8) the place or places where the Securities may be exchanged or transferred and notices and demands to or upon the Company in respect of the Securities and this Indenture may be served; (96) the period or periods within which, the price or prices at which which, the currency or currencies (including currency unit or units) in which, and the other terms and conditions upon which any which, Securities of the series may be redeemed, in whole or in part, at the option of the Company and, if other than as provided in Section 11.0310, the manner in which the particular Securities of such series (if less than all Securities of such series are to be redeemed) are to be selected for redemption; (107) the obligation, if any, of the Company to redeem or purchase any Securities of the series in whole or in part pursuant to any sinking fund or analogous provisions or upon the happening of a specified event, passage of time, event or at the option of the a Holder thereof and the period or periods within which, which the price or prices at which and the other terms and conditions upon which any Securities of the series shall be redeemed or purchased, in whole or in part, pursuant to such obligation; (11) 8) if other than denominations of $1,000 and any integral multiple thereof, if Registered Securities, and if other than the denomination of $5,000 and any integral multiple thereof, if Bearer Securities, the denominations in which any Securities of the series shall be issuable; (129) if other than Dollars, the currencies or currencies (including currency unit or units) in which the principal of, premium, if any, interest, if any, and Liquidated Damages, if any, on the Securities of the series shall be payable, or in which the Securities of the series shall be denominated, and the particular provisions applicable thereto in accordance with, in addition to, or in lieu of the provisions of Section 3.12; (10) if the payments of principal of, premium, if any, interest, if any, or Liquidated Damages, if any, on the Securities of the series are to be made, at the election of the Company or a Holder, in a currency or currencies (including currency unit or units) other than that in which such Securities are denominated or designated to be payable, the currency or currencies (including currency unit or units) in which such payments are to be made, the terms and conditions of such payments and the manner in which the exchange rate with respect to such payments shall be determined, and the particular provisions applicable thereto in accordance with, in addition to, or in lieu of the provisions of Section 3.12; (11) if the amount of payments of principal of or any premium or interest of, premium, if any, interest, if any, and Liquidated Damages, if any, on any Securities the securities of the series may shall be determined with reference to an index or pursuant to a index, formula or other methodmethod (which index, formula or method may be based, without limitation, on a currency or currencies (including currency unit or units) other than that in which the Securities of the series are denominated or designated to be payable), the manner in index, formula or other method by which such amounts shall be determined; (1312) if other than the currency of the United States of America, the currency, currencies or currency units in which the principal of or any premium or interest on any Securities of the series shall be payable and the manner of determining the equivalent thereof in the currency of the United States of America for any purpose, including for purposes of the definition of “Outstanding” in Section 1.01; (14) if the principal of or any premium or interest on any Securities of the series is to be payable, at the election of the Company or the Holder thereof, in one or more currencies or currency units other than that or those in which such Securities are stated to be payable, the currency, currencies or currency units in which the principal of or any premium or interest on such Securities as to which such election is made shall be payable, the periods within which and the terms and conditions upon which such election is to be made and the amount so payable (or the manner in which such amount shall be determined); (15) if other than the entire principal amount thereof, the portion of the principal amount of any such Securities of the series which shall be payable upon declaration of acceleration of the Maturity thereof pursuant to Section 5.02 5.2 or the method by which such portion shall be determined; (16) any modifications of or additions to the Events of Default or the covenants of the Company set forth herein with respect to Securities of the series; and whether and the conditions under which the Holders of the Securities of the series may waive any such Event of Default or compliance with any such covenant relating to the Securities of such series; (1713) if the principal amount payable at the Stated Maturity of any Securities of the series will not be determinable as of any one or more dates prior to the Stated Maturity, the amount which shall be deemed to be the principal amount of such Securities as of any such date for any purpose thereunder or hereunder, including the principal amount thereof which shall be due and payable upon any Maturity other than the Stated Maturity or which shall be deemed to be Outstanding as of any date prior to the Stated Maturity (or, in any such case, the manner in which such amount deemed to be the principal amount shall be determined); (1814) if applicableother than as provided in Section 3.7, that the Person to whom any interest on any Registered Security of the series shall be payable and the manner in which, or the Person to whom, any interest on any Bearer Securities of the series shall be payable; (15) provisions, if any, granting special rights to the Holders of Securities of the series upon the occurrence of such events as may be specified; (16) any deletions from, modifications of or additions to the Events of Default set forth in Section 5.1 or covenants of the Company set forth in Article 9 pertaining to the Securities of the series; (17) under what circumstances, if any, the Company will pay additional amounts on the Securities of that series held by a Person who is not a U.S. Person in whole respect of taxes or any specified part, shall be defeasible pursuant to Section 15.02 similar charges withheld or Section 15.03 or both such Sections deducted and, if other than by a Board Resolutionso, the manner in which any election by whether the Company will have the option to defease redeem such Securities shall be evidencedrather than pay such additional amounts (and the terms of any such option); (1918) if applicable, that any whether Securities of the series shall be issuable as Registered Securities or Bearer Securities (with or without interest coupons), or both, and any restrictions applicable to the offering, sale or delivery of Bearer Securities and, if other than as provided in Section 3.5 and Section 3.14, the terms upon which Bearer Securities of a series may be exchanged for Registered Securities of the same series and vice versa; (19) the date as of which any Bearer Securities of the series and any temporary global Security representing Outstanding Securities of the series shall be dated if other than the date of original issuance of the first Security of the series to be issued; (20) if other than the forms attached hereto as Exhibits A-1 and A-2, the forms of the Securities and coupons, if any, of the series; (21) the applicability, if any, to the Securities of or within the series of Sections 4.4 and 4.5, or such other means of defeasance or covenant defeasance as may be specified for the Securities and coupons, if any, of such series, and, if the Securities are payable in a currency other than Dollars, whether, for the purpose of such defeasance or covenant defeasance the term "Government Obligations" shall include obligations referred to in the definition of such term which are not obligations of the United States or an agency or instrumentality of the United States; (22) if other than the Trustee, the identity of the Registrar and any Paying Agent; (23) the designation of the initial Exchange Rate Agent, if any; (24) if the Securities of the series shall be issued in whole or in part in global form (i) the form of one or more Global Securities and, in such case, the respective Depositaries Depository for such Global global Securities, (ii) the form of any legend or legends which shall be borne by any such Global Security in addition to or in lieu of that set forth in Section 2.05 and any circumstances in addition to or in lieu of those set forth in clause section 3.14 which shall be borne by such global security, (2iii) whether beneficial owners of the last paragraph of Section 3.05 interests in which any such Global Security may be exchanged in whole or in part for Securities registered, and any transfer of such Global Security in whole or in part may be registered, in the name or names of Persons other than the Depositary for such Global Security or a nominee thereof; (20) any addition to or change in the Events of Default which applies to any Securities of the series and any change in the right of the Trustee or the requisite Holders global form may exchange such interests for certificated Securities of such Securities to declare series and of like tenor of any authorized form and denomination, and (iv) if other than as provided in Section 3.5 and Section 3.14, the principal amount thereof due and payable pursuant to Section 502;circumstances under which any such exchange may occur; and (21) any addition to or change in the covenants set forth in Article Ten which applies to Securities of the series; (22) whether the Securities of the series will be convertible into Common Stock (or cash in lieu thereof) and, if so, the terms and conditions upon which such conversion will be effected; (23) whether the Securities of the series will be secured, and if so, in what manner; (2425) any other terms of the series (which terms shall not be inconsistent with the provisions of this Indenture, except as permitted by Section 9.01(5)); (25) any agents for the series, including trustees, depositories, authenticating, conversion, calculation or paying agents, transfer agents or registrars; and (26) any other terms of the series, including any terms which may be required by or advisable under the laws of the United States of America laws or regulations thereunder or advisable (as determined by the Company) in connection with the marketing of Securities of the series. . (c) All Securities of any one series and coupons, if any, appertaining to any Bearer Securities of such series shall be substantially identical except except, in the case of Registered Securities, as to denomination and except as may otherwise be provided in or (i) by a Board Resolution, (ii) by action taken pursuant to the a Board Resolution referred to above and (subject to Section 3.033.3) set forth, forth or determined in the manner provided, in the related Officers’ ' Certificate referred to above or (iii) in any such an indenture supplemental hereto. All Securities of any one series need not be issued at the same time and, unless otherwise provided, a series may be reopened, without the consent of the Holders, for issuances of additional Securities of such series. If . (d) if any of the terms of the Securities of any series are established by action taken pursuant to a Board Resolution, a copy of an appropriate record of such action Board Resolution shall be certified by the Corporate Secretary or an Assistant Secretary of the Company and delivered to the Trustee at or prior to the delivery of the Officers’ ' Certificate setting forth forth, or providing the manner for determining, the terms of the series. The Securities of each such series, and an appropriate record of any action taken pursuant thereto in connection with the issuance of any Securities of such series shall have be delivered to the benefit of Trustee prior to the Subsidiary Guarantees unless the Company elects otherwise upon the establishment of a series pursuant to this Section 3.01authentication and delivery thereof.

Amount Unlimited; Issuable in Series. The aggregate principal amount of Securities which may be authenticated and delivered under this Indenture is unlimited. The Securities may be issued from time to time in one or more series. Prior to the issuance of Securities of any series, there There shall be established in or pursuant to a Board Resolution andResolution, subject to Section 3.03, and set forth, or determined in the manner provided, forth in an Officers’ Officer's Certificate, or established in one or more indentures supplemental hereto, prior to the issuance of Securities of any series,: (1) the title of the Securities of the series (which shall distinguish the Securities of the series from Securities of any all other seriesSecurities); (2) whether the Securities of the series will or will not have the benefit of the Subsidiary Guarantees of the Subsidiary Guarantors; (3) the purchase price, denomination and any limit upon the aggregate principal amount of the Securities of the series which may be authenticated and delivered under this Indenture (except for Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities of the series pursuant to Section Sections 3.04, 3.05, 3.06, 9.06 or 11.07 and except for any Securities which, pursuant to Section 3.03, are deemed never to have been authenticated and delivered hereunder11.07); (43) the Person to whom whether any interest on a Security Securities of the series shall are to be payableissuable in permanent global form with or without coupons and, if so, (i) whether beneficial owners of interests in any such permanent global Security may exchange such interests for Securities of such series and of like tenor of any authorized form and denomination and the circumstances under which any such exchanges may occur, if other than in the Person manner provided in whose Sections 2.03 and 3.05, and (ii) the name that Security (or one or more Predecessor Securities) is registered at of the close of business on the Regular Record Date for such interestDepositary with respect to any global Security; (54) the date or dates on which the principal of any the Securities of the series is payable; (65) the rate or rates at which any the Securities of the series shall bear interest, if any, or the method of calculating such rate or rates of interest, the method of payment of interest (in particular, whether the interest will be paid in kind or otherwise), the date or dates from which any such interest shall accrue or the method by which such date or dates shall be determinedaccrue, the Interest Payment Dates on which any such interest shall be payable and the Regular Record Date for any such the interest payable on any Interest Payment DateDate and, if applicable to such series of Securities, the basis points and United States Treasury rate(s) and any other rates to be used in calculating the reset rate; (76) the place or places where the principal of (and any premium premium, if any) and interest on any Securities of the series shall be payable; (8) the place or places where the Securities may be exchanged or transferred and notices and demands to or upon the Company in respect of the Securities and this Indenture may be served; (97) the period or periods within which, the price or prices at which and the terms and conditions upon which any Securities of the series may be redeemed, in whole or in part, at the option of the Company andCompany, if other than as provided in Section 11.03, the manner in which the particular Securities of such series (if less than all Securities of such series are pursuant to be redeemed) are to be selected for redemptionany sinking fund or otherwise; (10) 8) the obligation, if any, of the Company to redeem or purchase any Securities of the series in whole or in part pursuant to any sinking fund or analogous provisions or upon the happening of a specified event, passage of time, or at the option of the a Holder thereof and the period or periods within which, the price or prices at which and the terms and conditions upon which any Securities of the series shall be redeemed or purchased, in whole or in part, pursuant to such obligation, and, where applicable, the obligation of the Company to select the Securities to be redeemed; (119) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which any Securities of the series shall be issuable; (12) if the amount of payments of principal of or any premium or interest on any Securities of the series may be determined with reference to an index or pursuant to a formula or other method, the manner in which such amounts shall be determined; (1310) if other than the currency of the United States of America, the currency, currencies or currency units in which the principal of or any premium or interest on any Securities of the series shall be payable and the manner of determining the equivalent thereof in the currency of the United States of America for any purpose, including for purposes of the definition of “Outstanding” in Section 1.01; (14) if the principal of or any premium or interest on any Securities of the series is to be payable, at the election of the Company or the Holder thereof, in one or more currencies or currency units other than that or those in which such Securities are stated to be payable, the currency, currencies or currency units in which the principal of or any premium or interest on such Securities as to which such election is made shall be payable, the periods within which and the terms and conditions upon which such election is to be made and the amount so payable (or the manner in which such amount shall be determined); (15) if other than the entire principal amount thereof, the portion of the principal amount of any Securities of the series which shall be payable upon declaration of acceleration of the Maturity thereof pursuant to Section 5.02 or the method by which such portion shall be determined5.02; (1611) any modifications of or additions to the additional Events of Default or the covenants of the Company set forth herein with respect to Securities of the series; , if any, other than those set forth herein; (12) if either or both of Section 13.02 and whether and the conditions under which the Holders of Section 13.03 shall be inapplicable to the Securities of the series may waive any (provided that if no such Event of Default or compliance with any such covenant relating to the Securities of such series; (17) if the principal amount payable at the Stated Maturity of any Securities of the series will not be determinable as of any one or more dates prior to the Stated Maturity, the amount which inapplicability shall be deemed to be the principal amount of such Securities as of any such date for any purpose thereunder or hereunderspecified, including the principal amount thereof which then both Section 13.02 and Section 13.03 shall be due and payable upon any Maturity other than the Stated Maturity or which shall be deemed applicable to be Outstanding as of any date prior to the Stated Maturity (or, in any such case, the manner in which such amount deemed to be the principal amount shall be determined); (18) if applicable, that the Securities of the series, in whole or any specified part, shall be defeasible pursuant to Section 15.02 or Section 15.03 or both such Sections and, ); (13) if other than by a Board ResolutionU.S. dollars, the manner currency or currencies or units based on or related to currencies in which the Securities of such series shall be denominated and in which payments or principal of, and any election by the Company to defease premium and interest on, such Securities shall be evidencedor may by payable; (1914) if applicable, that any Securities of the series shall be issuable in whole or in part in the form of one or more Global Securities and, in such case, the respective Depositaries for such Global Securities, the form of any legend or legends which shall be borne by any such Global Security in addition to or in lieu of that set forth in Section 2.05 and any circumstances in addition to or in lieu of those set forth in clause (2) of the last paragraph of Section 3.05 in which any such Global Security may be exchanged in whole or in part for Securities registered, and any transfer of such Global Security in whole or in part may be registered, in the name or names of Persons other than the Depositary for such Global Security or a nominee thereof; (20) any addition to or change in the Events of Default which applies to any Securities of the series and any change in the right of the Trustee or the requisite Holders of such Securities to declare the principal amount thereof due and payable pursuant to Section 502; (21) any addition to or change in the additional covenants set forth in Article Ten which applies with respect to Securities of the series, if any, other than those set forth herein; (2215) whether if other than the Securities Trustee, the identity of the series will be convertible into Common Stock (or cash in lieu thereof) Registrar and any Paying Agent; and, if so, the terms and conditions upon which such conversion will be effected; (23) whether the Securities of the series will be secured, and if so, in what manner; (2416) any other terms of the series (which terms shall not be inconsistent with the provisions of this Indenture, except as permitted by Section 9.01(5)); (25) any agents for the series, including trustees, depositories, authenticating, conversion, calculation or paying agents, transfer agents or registrars; and (26) any other terms of the series, including any terms which may be required by or advisable under the laws of the United States of America or regulations thereunder or advisable (as determined by the Company) in connection with the marketing of Securities of the series. All Securities of any one series shall be substantially identical except as to denomination and except as may otherwise be provided in or pursuant to the such Board Resolution referred to above and (subject to Section 3.03) set forth, or determined forth in the manner provided, in the Officers’ such Officer's Certificate referred to above or in any such indenture Indenture supplemental hereto. All Securities of any one series need not be issued at the same time and, unless otherwise provided, a series may be reopened, without the consent of the Holders, for issuances of additional Securities of such series. If any of the terms of the Securities of any series are established by action taken pursuant to a Board Resolution, a copy of an appropriate record of such action shall be certified by the Secretary or an Assistant Secretary of the Company and delivered to the Trustee at or prior to the delivery of the Officers’ Officer's Certificate setting forth forth, or providing the manner for determining, the terms of the series. The Securities of each series shall have the benefit of the Subsidiary Guarantees unless the Company elects otherwise upon the establishment of a series pursuant to this Section 3.01such series.

Amount Unlimited; Issuable in Series. The aggregate principal amount of Securities which that may be authenticated and delivered under this Indenture is unlimited. The Securities may be issued from time to time in one or more series. Prior to The Securities shall have the issuance of Securities of any seriesfollowing features, there which shall be established in or pursuant to a supplemental indenture entered into in accordance with Section 7.01(g), a Board Resolution and(and set forth in such Board Resolution or, subject to Section 3.03, set forth, or determined in the manner providedextent established pursuant to (rather than in) such Board Resolution, in an Officers’ CertificateOfficer’s Certificate detailing such establishment), or and/or established in one or more indentures supplemental hereto, prior to the initial issuance of Securities of any series, (1a) the title of the Securities of the series (which shall distinguish the Securities of the series from Securities of any all other seriesSecurities); (2b) whether the Securities of the series will or will not have the benefit of the Subsidiary Guarantees of the Subsidiary Guarantors; (3) the purchase price, denomination and any limit upon the aggregate principal amount of the Securities of the series which that may be authenticated and delivered under this Indenture (except for Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities of the series pursuant to Section 3.042.08, 3.052.09, 3.06, 9.06 2.11 or 11.07 and except for any Securities which, pursuant to Section 3.03, are deemed never to have been authenticated and delivered hereunder11.03); (4) the Person to whom any interest on a Security of the series shall be payable, if other than the Person in whose name that Security (or one or more Predecessor Securities) is registered at the close of business on the Regular Record Date for such interest; (5c) the date or dates on which the principal of any the Securities of the series is payable; (6d) the rate or rates at which any the Securities of the series shall bear interest, if any, or or, if other than on the method basis of calculating such rate or rates a 360-day year of interesttwelve 30-day months, the method of payment of interest (in particular, whether the interest will by which such rate shall be paid in kind or otherwise)determined, the date or dates from which any such interest shall accrue or the method by which such date or dates shall be determinedaccrue, the Interest Payment Dates interest payment dates on which any such interest shall be payable and the Regular Record Date record dates for any such the determination of Holders to whom interest payable on any Interest Payment Dateis payable; (7e) the place or places where the principal of and any premium and interest on any Securities of the series shall be payablepayable (if other than as provided in Section 3.03); (8) f) the place price or places where prices at which, the Securities may be exchanged date or transferred and notices and demands to or upon the Company in respect of the Securities and this Indenture may be served; (9) dates after which, the period or periods within which, the price or prices at which and the terms and conditions upon which any Securities of the series may be redeemed, in whole or in part, at the option of the Company andIssuer, if other than as provided in Section 11.03, the manner in which the particular Securities of such series (if less than all Securities of such series are pursuant to be redeemed) are to be selected for redemptionany sinking fund or otherwise; (10g) the obligation, if any, of the Company Issuer to redeem redeem, purchase or purchase any repay Securities of the series in whole or in part pursuant to any sinking fund or analogous provisions or upon the happening of a specified event, passage of time, or at the option of the a Holder thereof and the period or periods within which, the price or prices at which and the period or periods within which and the terms and conditions upon which any Securities of the series shall be redeemed redeemed, purchased or purchasedrepaid, in whole or in part, pursuant to such obligation; (11h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which any Securities of the series shall be issuable; (12) if the amount of payments of principal of or any premium or interest on any Securities of the series may be determined with reference to an index or pursuant to a formula or other method, the manner in which such amounts shall be determined; (13i) if other than the principal amount thereof, the portion of the principal amount of Securities of the series which shall be payable upon declaration of acceleration of the maturity thereof pursuant to Section 4.01 or provable in bankruptcy pursuant to Section 4.02; (j) if other than such coin or currency of the United States of AmericaAmerica as at the time of payment is legal tender for payment of public or private debts, the currency, currencies coin or currency units (including any composite currency) in which payment of the principal of or any premium or and interest on any the Securities of the series shall be payable denominated or payable, the method pursuant to which payment shall be made and the manner of determining the equivalent thereof in the currency of the United States of America for any purpose, including for purposes of the definition of “Outstanding” in Section 1.01;Article 1. (14k) if the principal of or any premium or interest on any the Securities of the series is are to be payable, at the election of the Company Issuer or the a Holder thereof, in one or more currencies a coin or currency units (including any composite currency) other than that or those in which such the Securities are stated to be payable, the currency, currencies period or currency units in which the principal of or any premium or interest on such Securities as to which such election is made shall be payable, the periods within which which, and the terms and conditions upon which which, such election is may be made; (l) if the amounts of payments of principal or interest, if any, on the Securities of the series may be determined with reference to be made and an index or are otherwise not fixed on the amount so payable (or Original Issue Date thereof, the manner in which such amount shall be determined); (15) if other than the entire principal amount thereof, the portion of the principal amount of any Securities of the series which shall be payable upon declaration of acceleration of the Maturity thereof pursuant to Section 5.02 or the method by which such portion amounts shall be determined; (16m) any modifications of or additions to the Events of Default or the covenants of the Company set forth herein with respect to Securities of the series; and whether and the conditions under which the Holders forms of the Securities of the series may waive series; (n) any such Event of Default trustees, authenticating or compliance paying agents, transfer agents or registrars or any other agents with any such covenant relating respect to the Securities of such series; (17o) if whether the principal amount payable at the Stated Maturity of any Securities of the series will not be determinable as of any one or more dates prior to the Stated Maturity, the amount which shall be deemed to be the principal amount of such Securities as of any such date for any purpose thereunder or hereunder, including the principal amount thereof which shall be due and payable upon any Maturity other than the Stated Maturity or which shall be deemed to be Outstanding as of any date prior to the Stated Maturity (or, in any such case, the manner in which such amount deemed to be the principal amount shall be determined); (18) if applicable, that the Securities of the series, in whole or any specified part, shall be defeasible pursuant to Section 15.02 or Section 15.03 or both such Sections and, if other than by a Board Resolution, the manner in which any election by the Company to defease such Securities shall be evidenced; (19) if applicable, that any Securities of the series shall be issuable issued in whole or in part in the form of one or more Global Securities and, in such case, the respective Depositaries for such Global Securities, the form of any legend or legends which shall be borne by any such Global Security in addition Depository with respect to or in lieu of that set forth in Section 2.05 and any circumstances in addition to or in lieu of those set forth in clause (2) of the last paragraph of Section 3.05 in which any such Global Security may be exchanged in whole or in part for Securities registered, and any transfer of such Global Security in whole or in part may be registered, in the name or names of Persons other than the Depositary for such Global Security or a nominee thereofSecurities; (20p) any addition with respect to or change in a series of Securities the Events of Default which applies to any Securities rights of the series Issuer to merge, consolidate, amalgamate or otherwise restructure and any change in specify the right of the Trustee or the requisite Holders of such Securities to declare the principal amount thereof due and payable pursuant to Section 502; (21) any addition to or change in the covenants set forth in Article Ten which applies to Securities of the series; (22) whether the Securities of the series will be convertible into Common Stock (or cash in lieu thereof) and, if so, the terms and conditions upon which such conversion will be effected;rights are precedented; and (23) whether the Securities of the series will be secured, and if so, in what manner; (24q) any other terms of the series (which terms shall not be inconsistent conflict with the provisions of this Indenture, except as permitted by Section 9.01(5)); (25) any agents for the series, including trustees, depositories, authenticating, conversion, calculation or paying agents, transfer agents or registrars; and (26) any other terms of the series, including any terms which may be required by or advisable under the laws of the United States of America or regulations thereunder or advisable (as determined by the Company) in connection with the marketing of Securities of the series. All Securities of any one series shall be substantially identical except as to denomination and except as may otherwise be provided in or pursuant to the such Board Resolution referred (and set forth in such Board Resolution or, to above and the extent established pursuant to (subject to Section 3.03rather than in) set forth, or determined in the manner providedsuch Board Resolution, in the Officers’ an Officer’s Certificate referred to above detailing such establishment) or in any such indenture supplemental hereto. All Securities of any one series need not be issued at the same time and, unless otherwise provided, a series may be reopened, without the consent of the Holders, for issuances of additional Securities of such series. If any of the terms of the Securities of any series are established by action taken pursuant to a Board Resolution, a copy of an appropriate record of such action shall be certified by the Secretary or an Assistant Secretary of the Company and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate setting forth the terms of the series. The Securities of each series shall have the benefit of the Subsidiary Guarantees unless the Company elects otherwise upon the establishment of a series pursuant to this Section 3.01.

Amount Unlimited; Issuable in Series. (a) The aggregate principal amount of Securities which may be authenticated and delivered under this Indenture is unlimited. The Securities may be issued from time to time in one or more series. Prior to the issuance of Securities of any series, there . (b) The following matters shall be established in or with respect to each series of Securities issued hereunder (i) by a Board Resolution, (ii) by action taken pursuant to a Board Resolution and, and (subject to Section 3.03, 3.3) set forth, or determined in the manner provided, in an Officers’ Certificate, ' Certificate or established (iii) in one or more indentures supplemental hereto, prior to the issuance of Securities of any series,: (1) the title of the Securities of the series (which title shall distinguish the Securities of the series from Securities all other series of any other seriesSecurities); (2) whether the Securities of the series will or will not have the benefit of the Subsidiary Guarantees of the Subsidiary Guarantors; (3) the purchase price, denomination and any limit upon the aggregate principal amount of the Securities of the series which may be authenticated and delivered under this Indenture (except for which limit shall not pertain to (i) Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities of the series pursuant to Section 3.043.4, 3.053.5, 3.063.6, 9.06 8.6, or 11.07 10.7 and except for (ii) any Securities which, pursuant to the last paragraph of Section 3.033.3, are deemed never to have been authenticated and delivered hereunder); (4) the Person to whom any interest on a Security of the series shall be payable, if other than the Person in whose name that Security (or one or more Predecessor Securities) is registered at the close of business on the Regular Record Date for such interest; (53) the date or dates on which the principal of any and premium, if any, on the Securities of the series is payablepayable or the method of determination thereof; (64) the rate or rates at which any the Securities of the series shall bear interest, if any, or the method of calculating such rate or rates of interest, the method of payment of interest (in particular, whether the interest will be paid in kind or otherwise), the date or dates from which any such interest shall accrue or the method by which such date or dates shall be determined, the Interest Payment Dates on which any such interest shall be payable and and, with respect to Registered Securities, the Regular Record Date Date, if any, for any such the interest payable on any Registered Security on any Interest Payment Date; (75) the place or places where the principal of of, premium, if any, and any premium and interest interest, if any, on any Securities of the series shall be payable; (8) the place or places where the Securities may be exchanged or transferred and notices and demands to or upon the Company in respect of the Securities and this Indenture may be served; (96) the period or periods within which, the price or prices at which which, the currency or currencies (including currency unit or units) in which, and the other terms and conditions upon which any which, Securities of the series may be redeemedredeemed or otherwise purchased, in whole or in part, at the option of the Company and, if other than as provided in Section 11.0310, the manner in which the particular Securities of such series (if less than all Securities of such series are to be redeemed) are to be selected for redemption; (107) the obligation, if any, and the limitations, if any, on the rights of the Company to redeem or purchase any Securities of the series in whole or in part pursuant to any sinking fund or analogous provisions or upon the happening of a specified event, passage of time, event or at the option of the a Holder thereof and or at the Company's option or otherwise, or to apply any purchases of Securities to any such redemption, and, if any, the period or periods within which, the price or prices at which which, the application of purchases to redemptions, and the other terms and conditions upon which any Securities of the series shall be redeemed or purchased, in whole or in part, pursuant to such obligation; (11) 8) if other than denominations of $1,000 and any integral multiple thereof, if Registered Securities, and if other than denominations of $5,000 and any integral multiple thereof, if Bearer Securities, the denominations in which any Securities of the series shall be issuable; (129) if other than Dollars, the currency or currencies (including currency unit or units) in which the principal of, premium, if any, and interest, if any, on the Securities of the series shall be payable, or in which the Securities of the series shall be denominated, and the particular provisions applicable thereto in accordance with, in addition to, or in lieu of the provisions of Section 3.12, and whether the Securities of the series may be satisfied and discharged other than as provided in Article 4; (10) if the payments of principal of, premium, if any, or interest, if any, on the Securities of the series are to be made, at the election of the Company or a Holder, in a currency or currencies (including currency unit or units) other than that in which such Securities are denominated or designated to be payable, the currency or currencies (including currency unit or units) in which such payments are to be made, the terms and conditions of such payments and the manner in which the exchange rate with respect to such payments shall be determined, and the particular provisions applicable thereto in accordance with, in addition to, or in lieu of the provisions of Section 3.12, and whether the Securities of the series may be satisfied and discharged other than as provided in Article 4; (11) if the amount of payments of principal of or any premium or interest of, premium, if any, and interest, if any, on any the Securities of the series may shall be determined with reference to an index or pursuant to a index, formula or other methodmethod (which index, formula or method may be based, without limitation, on a currency or currencies (including currency unit or units) other than that in which the Securities of the series are denominated or designated to be payable), the manner in index, formula or other method by which such amounts shall be determined; (1312) if other than the currency of the United States of America, the currency, currencies or currency units in which the principal of or any premium or interest on any Securities of the series shall be payable and the manner of determining the equivalent thereof in the currency of the United States of America for any purpose, including for purposes of the definition of “Outstanding” in Section 1.01; (14) if the principal of or any premium or interest on any Securities of the series is to be payable, at the election of the Company or the Holder thereof, in one or more currencies or currency units other than that or those in which such Securities are stated to be payable, the currency, currencies or currency units in which the principal of or any premium or interest on such Securities as to which such election is made shall be payable, the periods within which and the terms and conditions upon which such election is to be made and the amount so payable (or the manner in which such amount shall be determined); (15) if other than the entire principal amount thereof, the portion of the principal amount of any such Securities of the series which shall be payable upon declaration of acceleration of the Maturity thereof pursuant to Section 5.02 5.2 or the method by which such portion shall be determined; (16) any modifications of or additions to the Events of Default or the covenants of the Company set forth herein with respect to Securities of the series; and whether and the conditions under which the Holders of the Securities of the series may waive any such Event of Default or compliance with any such covenant relating to the Securities of such series; (1713) if the principal amount payable at the Stated Maturity of any Securities of the series will not be determinable as of any one or more dates prior to the Stated Maturity, the amount which shall be deemed to be the principal amount of such Securities as of any such date for any purpose thereunder or hereunder, including the principal amount thereof which shall be due and payable upon any Maturity other than the Stated Maturity or which shall be deemed to be Outstanding as of any date prior to the Stated Maturity (or, in any such case, the manner in which such amount deemed to be the principal amount shall be determined); (1814) if other than as provided in Section 3.7, the Person to whom any interest on any Registered Security of the series shall be payable and the manner in which, or the Person to whom, any interest on any Bearer Securities of the series shall be payable, and the extent to which, or the manner in which (including any certification requirement and other terms and conditions under which), any interest payable on a temporary or permanent global Security on an Interest Payment Date will be paid if other than in the manner provided in Section 2.3 and Section 3.4, as applicable; (15) provisions, that if any, granting special rights to the Holders of Securities of the series upon the occurrence of such events as may be specified or any provisions which may be related to rights of the Holders to give any notice of acceleration, or to waive any past default or to rescind and annul any declaration of acceleration and its consequences or to institute or control any proceeding for any remedy with respect to Securities of the series; (16) any deletions from, modifications of or additions to the Events of Default set forth in Section 5.1 or remedies set forth in Article 5 or covenants of the Company set forth in Article 9 pertaining to the Securities of the series; (17) under what circumstances, if any, the Company will pay additional amounts on the Securities of that series held by a Person who is not a U.S. Person in whole respect of taxes or any specified part, shall be defeasible pursuant to Section 15.02 similar charges withheld or Section 15.03 or both such Sections deducted and, if other than by a Board Resolutionso, the manner in which any election by whether the Company will have the option to defease redeem or otherwise purchase such Securities shall be evidencedrather than pay such additional amounts (and the terms of any such option); (1918) if applicable, that any whether Securities of the series shall be issuable as Registered Securities or Bearer Securities (with or without interest coupons), or both, and any restrictions applicable to the offering, sale or delivery of Bearer Securities and, if other than as provided in Section 3.5, the terms upon which Bearer Securities of a series may be exchanged for Registered Securities of the same series and vice versa; (19) the date as of which any Bearer Securities of the series and any temporary global Security representing Outstanding Securities of the series shall be dated if other than the date of original issuance of the first Security of the series to be issued; (20) the forms of the Securities and coupons, if any, of the series; (21) the applicability, if any, to the Securities of or within the series of Sections 4.4 and 4.5, or such other means of defeasance or covenant defeasance as may be specified for the Securities and coupons, if any, of such series, and, if the Securities are payable in a currency other than Dollars, whether, for the purpose of such defeasance or covenant defeasance the term "Government Obligations" shall include obligations referred to in the definition of such term which are not obligations of the United States or an agency or instrumentality of the United States; (22) if other than the Trustee, the identity of the Registrar and any Paying Agent; (23) the designation of the initial Exchange Rate Agent, if any; (24) if the Securities of the series shall be issued in whole or in part in global form (i) the form of one or more Global Securities and, in such case, the respective Depositaries Depositary for such Global global Securities, (ii) the form of any legend or legends which shall be borne by any such Global Security in addition to or in lieu of that set forth in Section 2.05 and any circumstances 2.4 which shall be borne by such global security, (iii) whether beneficial owners of interests in addition to or in lieu of those set forth in clause (2) of the last paragraph of Section 3.05 in which any such Global Security may be exchanged in whole or in part for Securities registered, and any transfer of such Global Security in whole or in part may be registered, in the name or names of Persons other than the Depositary for such Global Security or a nominee thereof; (20) any addition to or change in the Events of Default which applies to any Securities of the series and any change in the right of the Trustee or the requisite Holders global form may exchange such interests for certificated Securities of such Securities to declare series and of like tenor of any authorized form and denomination, and (iv) if other than as provided in Section 3.5, the principal amount thereof due and payable pursuant to Section 502circumstances under which any such exchange may occur; (21) any addition to or change in the covenants set forth in Article Ten which applies to Securities of the series; (2225) whether the Securities of the series will be are convertible into Common Stock (or cash in lieu thereof) Preferred Stock, and, if so, the class or series of capital stock of the Company into which such Securities are convertible and the terms and conditions upon which such conversion will be effected;, including the initial conversion price or conversion rate and other conversion provisions; and (23) whether the Securities of the series will be secured, and if so, in what manner; (2426) any other terms of the series (which terms shall not be inconsistent with the provisions of this Indenture, except as permitted by Section 9.01(5)); (25Indenture and the Trust Indenture Act) any agents for the series, including trustees, depositories, authenticating, conversion, calculation or paying agents, transfer agents or registrars; and (26) any other terms of the series, including any terms which may be required by or advisable under the laws of the United States of America laws or regulations thereunder or advisable (as determined by the Company) in connection with the marketing of Securities of the series. . (c) All Securities of any one series and coupons, if any, appertaining to any Bearer Securities of such series shall be substantially identical except except, in the case of Registered Securities, as to denomination and except as may otherwise be provided in or (i) by a Board Resolution, (ii) by action taken pursuant to the a Board Resolution referred to above and (subject to Section 3.033.3) set forth, forth or determined in the manner provided, in the related Officers’ ' Certificate referred to above or (iii) in any such an indenture supplemental hereto. All Securities of any one series need not be issued at the same time and, unless otherwise provided, a series may be reopened, without the consent of the Holders, for issuances of additional Securities of such series. . (d) If any of the terms of the Securities of any series are established by action taken pursuant to a Board Resolution, a copy of an appropriate record of such action Board Resolution shall be certified by the Corporate Secretary or an Assistant Secretary of the Company and delivered to the Trustee at or prior to the delivery of the Officers’ ' Certificate setting forth forth, or providing the manner for determining, the terms of the series. The Securities of each such series, and an appropriate record of any action taken pursuant thereto in connection with the issuance of any Securities of such series shall have be delivered to the benefit of Trustee prior to the Subsidiary Guarantees unless the Company elects otherwise upon the establishment authentication and delivery thereof. With respect to Securities of a series pursuant subject to this a Periodic Offering, such Board Resolutions or Officers' Certificates may provide general terms for Securities of such series and provide either that the specific terms of particular securities of such series shall be specified in a Company Order, or that such terms shall be determined by the Company, or one or more of its agents designated in its Officers' Certificates, in accordance with the Company Order, as contemplated by the first proviso of the third paragraph of Section 3.013.3.

Amount Unlimited; Issuable in Series. The aggregate principal amount of Securities which may be authenticated and delivered under this Indenture is unlimited. The Securities may be issued in one or more series up to the aggregate principal amount of securities of that series from time to time in one authorized by or more seriespursuant to a Board Resolution of the Company. Prior to the issuance of Securities of any series, there There shall be established in or pursuant to a Board Resolution and, subject to Section 3.03Sections 2.04, 2.05 and 2.06, set forth, or determined in the manner provided, in an Officers’ ' Certificate, or established in one or more indentures supplemental hereto, prior to the issuance of Securities of any series,: (1) the title of the Securities of the series (which shall distinguish the Securities of the series from Securities of any all other seriesSecurities); (2) whether the Securities of the series will or will not have the benefit of the Subsidiary Guarantees of the Subsidiary Guarantors; (3) the purchase price, denomination and any limit upon the aggregate principal amount of the Securities of the series which may be authenticated and delivered under this Indenture (except for Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities of the series pursuant to Section 3.042.07, 3.052.08, 3.062.09, 9.06 9.04 or 11.07 and except for any Securities which, pursuant to Section 3.03, are deemed never to have been authenticated and delivered hereunder14.03); (4) the Person to whom any interest on a Security of the series shall be payable, if other than the Person in whose name that Security (or one or more Predecessor Securities) is registered at the close of business on the Regular Record Date for such interest; (53) the date or dates on which the principal of any and premium, if any, on the Securities of the series is payable; (64) the rate or rates at which any the Securities of the series shall bear interest, if any, or the method of calculating by which such rate or rates of interest, the method of payment of interest (in particular, whether the interest will may be paid in kind or otherwise)determined, the date or dates from which any such interest shall accrue or the method by which such date or dates shall be determinedaccrue, the Interest Payment Dates on which any such interest shall be payable or the manner of determination of such Interest Payment Dates and the Regular Record Date record dates for any such the determination of holders to whom interest is payable on any such Interest Payment DateDates; (75) the place or places where the principal of of, and premium, if any, and any premium and interest on any Securities of the series shall be payable; (8) 6) the place or places where right, if any, to extend the Securities may be exchanged or transferred interest payment periods and notices and demands to or upon the Company in respect duration of the Securities and this Indenture may be servedsuch extension; (97) the right, if any, to extend or shorten the maturity date of Securities of the series; (8) the price or prices at which, the period or periods within which, the price or prices at which and the terms and conditions upon which any Securities of the series may be redeemed, in whole or in part, at the option of the Company andCompany, if other than as provided in Section 11.03, the manner in which the particular Securities of such series (if less than all Securities of such series are pursuant to be redeemed) are to be selected for redemptionany sinking fund or otherwise; (109) the obligation, if any, of the Company to redeem redeem, purchase or purchase any repay Securities of the series in whole or in part pursuant to any sinking fund or analogous provisions or upon the happening of a specified event, passage of time, or at the option of the Holder a Securityholder thereof and the period or periods within which, the price or prices at which and the period or periods within which the price or prices at which, and the terms and conditions upon which any Securities of the series shall be redeemed redeemed, purchased or purchasedrepaid, in whole or in part, pursuant to such obligation; (1110) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which any Securities of the series shall be issuable; (12) if the amount of payments of principal of or any premium or interest on any Securities of the series may be determined with reference to an index or pursuant to a formula or other method, the manner in which such amounts shall be determined; (1311) if other than the currency of the United States of America, the currency, currencies or currency units in which the principal of or any premium or interest on any Securities of the series shall be payable and the manner of determining the equivalent thereof in the currency of the United States of America for any purpose, including for purposes of the definition of “Outstanding” in Section 1.01; (14) if the principal of or any premium or interest on any Securities of the series is to be payable, at the election of the Company or the Holder thereof, in one or more currencies or currency units other than that or those in which such Securities are stated to be payable, the currency, currencies or currency units in which the principal of or any premium or interest on such Securities as to which such election is made shall be payable, the periods within which and the terms and conditions upon which such election is to be made and the amount so payable (or the manner in which such amount shall be determined); (15) if other than the entire principal amount thereof, the portion of the principal amount of any Securities of the series which shall be payable upon declaration of acceleration of the Maturity maturity thereof pursuant to Section 5.02 5.01 or the method by which such portion shall be determinedprovable in bankruptcy pursuant to Section 5.02; (1612) any modifications of or additions to the Events of Default or the covenants of the Company set forth herein with respect to the Securities of a particular series, if not set forth herein; (13) the series; and whether and the conditions under which the Holders form of the Securities of the series may waive including the form of the Certificate of Authentication of such series; (14) any such Event of Default trustee, authenticating or compliance paying agents, warrant agents, transfer agents or registrars with any such covenant relating respect to the Securities of such series; (1715) if whether the principal amount payable at the Stated Maturity of any Securities of the series will not be determinable as of any one or more dates prior to the Stated Maturity, the amount which shall be deemed to be the principal amount of such Securities as of any such date for any purpose thereunder or hereunder, including the principal amount thereof which shall be due and payable upon any Maturity other than the Stated Maturity or which shall be deemed to be Outstanding as of any date prior to the Stated Maturity (or, in any such case, the manner in which such amount deemed to be the principal amount shall be determined); (18) if applicable, that the Securities of the series, in whole or any specified part, shall be defeasible pursuant to Section 15.02 or Section 15.03 or both such Sections and, if other than by a Board Resolution, the manner in which any election by the Company to defease such Securities shall be evidenced; (19) if applicable, that any Securities of the series shall be issuable issued in whole or in part in the form of one or more Global Securities and, in such case, the respective Depositaries for such Global Securities, the form of any legend or legends which shall be borne by any such Global Security in addition to or in lieu of that set forth in Section 2.05 and any circumstances in addition to or in lieu of those set forth in clause (2) of the last paragraph of Section 3.05 in which any such Global Security may be exchanged in whole or in part for Securities registered, and any transfer of such Global Security in whole or in part may be registered, in the name or names of Persons other than the Depositary for such Global Security or a nominee thereof; (20) Securities, and whether beneficial owners of interests in any addition to or change such Global Securities may exchange such interests for other Securities of such series in the Events of Default manner provided in Section 2.07, and the manner and the circumstances under which applies to and the place or places where any Securities such exchanges may occur if other than in the manner provided in Section 2.07, and any other terms of the series and any change in relating to the right global nature of the Trustee or the requisite Holders Global Securities of such Securities to declare series and the exchange, registration or transfer thereof and the payment of any principal amount thereof due and payable pursuant to Section 502;thereof, or interest or premium, if any, thereon; and (21) any addition to or change in the covenants set forth in Article Ten which applies to Securities of the series; (22) whether the Securities of the series will be convertible into Common Stock (or cash in lieu thereof) and, if so, the terms and conditions upon which such conversion will be effected; (23) whether the Securities of the series will be secured, and if so, in what manner; (2416) any other terms of the series (which terms shall not be inconsistent with the provisions of this Indenture, except as permitted by Section 9.01(5)); (25) any agents for the series, including trustees, depositories, authenticating, conversion, calculation or paying agents, transfer agents or registrars; and (26) any other terms of the series, including any terms which may be required by or advisable under the laws of the United States of America or regulations thereunder or advisable (as determined by the Company) in connection with the marketing of Securities of the series. All Securities of any one series shall be substantially identical except as to denomination and except as may otherwise be provided in or pursuant to the such Board Resolution referred to above and (subject to Section 3.032.04) set forth, or determined in the manner provided, in the Officers’ ' Certificate referred to above or in any such indenture supplemental hereto. All Securities of any one series need not be issued at the same time and, unless otherwise provided, a series may be reopened, without the consent of the Holders, for issuances of additional Securities of such series. If any of the terms of the Securities of any series are established by action taken pursuant to a Board Resolution, a copy of an appropriate record of such action shall be certified by the Secretary or an Assistant Secretary of the Company and delivered to the Trustee at or prior to the delivery of the Officers’ ' Certificate setting forth the terms of the series. The Securities of each series shall have the benefit of the Subsidiary Guarantees unless the Company elects otherwise upon the establishment of a series pursuant to this Section 3.01.

Amount Unlimited; Issuable in Series. The aggregate principal amount of Securities which that may be authenticated and delivered under this Indenture is unlimited. The Securities may be issued from time to time in one or more series. Prior to the issuance of Securities of any series, there There shall be established in or pursuant to a Board Resolution andResolution, subject to Section 3.03, and set forth, or determined in the manner provided, forth in an Officers’ Officer’s Certificate, or established in one or more indentures supplemental hereto, hereto prior to the issuance of Securities of any series,: (1a) the title of the Securities of and the series (in which such Securities shall distinguish the Securities of the series from Securities of any other series)be included; (2) whether the Securities of the series will or will not have the benefit of the Subsidiary Guarantees of the Subsidiary Guarantors; (3b) the purchase pricelimit, denomination and any limit if any, upon the aggregate principal amount of the Securities of such title and the Securities of such series which that may be authenticated and delivered under this Indenture (except for Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities of the series pursuant to Section 3.043.4, 3.053.5, 3.063.6, 9.06 9.6 or 11.07 and except for any Securities which, pursuant to Section 3.03, are deemed never to have been authenticated and delivered hereunder11.7); (4c) the Person to whom any interest on a Security whether Securities of the series shall may be payableissued in whole or in part in global form and, if other than so, the Person in whose name that Security (or one or more Predecessor Securities) is registered at identity of the close of business on the Regular Record Date Depositary for such interestSecurities in global form, and the terms and conditions, if any, upon which interests in such Securities in global form may be exchanged, in whole or in part, for the individual Securities represented thereby; (5d) the date or dates on which the principal of any such Securities of the series is payable; (6e) the rate or rates at which any such Securities of the series shall bear interest, if any, or the method of calculating by which such rate or rates of interest, the method of payment of interest (in particular, whether the interest will be paid in kind or otherwise)are determined, the date or dates from which any such interest shall accrue or the method by which such date or dates shall be determinedaccrue, the Interest Payment Dates on which any such interest shall be payable and the Regular Record Date for any such the interest payable on Registered Securities on any Interest Payment Date, and the basis upon which interest shall be calculated if other than that of a 360-day year of twelve 30-day months; (7f) the place or places places, if any, in addition to or other than the Corporate Trust Office, where the principal of (and any premium premium, if any) and interest on any on, payable in respect of such Securities of the series shall be payable; (8) the place or places , where the such Securities may be exchanged or transferred surrendered for registration of transfer, where such Securities may be surrendered for exchange and notices where notice and demands to or upon the Company Issuers, in respect of the such Securities and this Indenture Indenture, may be servedserved and where notices to Holders pursuant to Section 1.6 will be published; (9g) the period or periods within which, the price or prices at which and the terms and conditions upon which any such Securities of the series may be redeemed, in whole or in part, at the option of the Company Issuers or a Holder and, if in furtherance thereof, any addition to, elimination of, replacement of or other than as provided change in Section 11.03, the manner in which the particular Securities of such series (if less than all Securities of such series are to be redeemed) are to be selected for redemptionArticle 11; (10h) the obligation, if any, of the Company Issuers to redeem or purchase any such Securities of the series in whole or in part pursuant to any sinking fund or analogous provisions or upon the happening of a specified event, passage of time, or at the option of the Holder thereof and the period or periods within which, the price or prices at which and the terms and conditions upon which any such Securities of the series shall be redeemed or purchased, in whole or in part, pursuant to such obligation; (11i) the denominations in which Securities of the series, if any, shall be issuable if other than denominations of $1,000 2,000 and any integral multiple multiples of $1,000 in excess thereof; (j) if other than the principal amount thereof, the denominations in which any Securities portion of the series principal amount of such Securities that shall be issuablepayable upon acceleration of the Maturity thereof pursuant to Section 5.2; (12k) if the amount of payments of principal of (and premium, if any) or any premium or interest interest, if any, on any such Securities of the series may be determined with reference to an index or pursuant to a index, formula or other methodmethod other than that in which the Securities are stated to be payable, the manner in which such amounts shall be determined; (13l) if the Securities of such series are to be issuable in definitive form (whether upon original issue or upon exchange of a temporary Security of such series) only upon receipt of certain certificates or other documents or satisfaction of other conditions, then the form and terms of such certificates, documents or conditions; (m) any addition to, elimination of, replacement of or other change in Article 5; (n) whether and upon what terms the Securities of any series may be defeased if different from the provisions set forth herein; (o) any addition to, elimination of, replacement of or other change in the covenants in Article 10; (p) the currency, currencies or currency units in which payment of principal of (and premium, if any) or interest, if any, on any Securities of the series shall be payable if other than the currency of the United States of America, the currency, currencies or currency units in which the principal of or any premium or interest on any Securities of the series shall be payable and the manner of determining the equivalent thereof in the currency of the United States of America for any purpose, including for purposes of the definition of “Outstanding” in Section 1.01; (14q) if the principal of (and premium, if any) or any premium or interest interest, if any, on any Securities of the series is to be payable, at the election of the Company Issuers or the a Holder thereof, in one or more currencies or currency units other than that or those in which such the Securities are stated to be payable, the currency, currencies or currency units in which the principal of (and premium, if any) or interest, if any, on any premium or interest on Securities of such Securities series as to which such election is made shall be payable, and the periods within which and the terms and conditions upon which such election is to be made and the amount so payable (or the manner in which such amount shall be determined)made; (15) if other than the entire principal amount thereof, the portion of the principal amount of any Securities of the series which shall be payable upon declaration of acceleration of the Maturity thereof pursuant to Section 5.02 or the method by which such portion shall be determined; (16) any modifications of or additions to the Events of Default or the covenants of the Company set forth herein with respect to Securities of the series; and whether and the conditions under which the Holders of the Securities of the series may waive any such Event of Default or compliance with any such covenant relating to the Securities of such series; (17) if the principal amount payable at the Stated Maturity of any Securities of the series will not be determinable as of any one or more dates prior to the Stated Maturity, the amount which shall be deemed to be the principal amount of such Securities as of any such date for any purpose thereunder or hereunder, including the principal amount thereof which shall be due and payable upon any Maturity other than the Stated Maturity or which shall be deemed to be Outstanding as of any date prior to the Stated Maturity (or, in any such case, the manner in which such amount deemed to be the principal amount shall be determined); (18) if applicable, that the Securities of the series, in whole or any specified part, shall be defeasible pursuant to Section 15.02 or Section 15.03 or both such Sections and, if other than by a Board Resolution, the manner in which any election by the Company to defease such Securities shall be evidenced; (19) if applicable, that any Securities of the series shall be issuable in whole or in part in the form of one or more Global Securities and, in such case, the respective Depositaries for such Global Securities, the form of any legend or legends which shall be borne by any such Global Security in addition to or in lieu of that set forth in Section 2.05 and any circumstances in addition to or in lieu of those set forth in clause (2) of the last paragraph of Section 3.05 in which any such Global Security may be exchanged in whole or in part for Securities registered, and any transfer of such Global Security in whole or in part may be registered, in the name or names of Persons other than the Depositary for such Global Security or a nominee thereof; (20) any addition to or change in the Events of Default which applies to any Securities of the series and any change in the right of the Trustee or the requisite Holders of such Securities to declare the principal amount thereof due and payable pursuant to Section 502; (21) any addition to or change in the covenants set forth in Article Ten which applies to Securities of the series; (22r) whether the Securities of the series will be convertible into Common Stock (or cash in lieu thereof) andguaranteed, if soincluding by Parent, and the terms of any such guarantee, the terms and conditions upon which of such conversion will be effectedguarantees and provisions for the accession of the guarantors to certain obligations hereunder or any provisions for termination of guarantees, including any addition to, elimination of, replacement of or other change in Article 8; (23s) whether the Securities of the series will be secured, and if so, in what mannerhave any conversion features; (24t) any addition to, elimination of, replacement of or other change in Article 1, Article 4, Article 7, Article 8, Article 9, Article 12 and Article 13; and (u) any other terms of the series such Securities (which terms shall not be inconsistent with the provisions of this Indenture, Indenture except as permitted by Section 9.01(59.1(d)); (25) any agents for the series, including trustees, depositories, authenticating, conversion, calculation or paying agents, transfer agents or registrars; and (26) any other terms of the series, including any terms which may be required by or advisable under the laws of the United States of America or regulations thereunder or advisable (as determined by the Company) in connection with the marketing of Securities of the series. All Securities of any one series shall be substantially identical except as to denomination and the rate or rates of interest, if any, issue date, issue price, redemption dates and sinking fund dates, if any, and Stated Maturity, the date from which interest, if any, shall accrue, the amount that shall be payable upon the declaration of acceleration and except as may otherwise be provided in or pursuant to the such Board Resolution referred to above and (subject to Section 3.03) set forth, or determined forth in the manner provided, in the Officers’ such Officer’s Certificate referred to above or in any such indenture supplemental hereto. All Securities of any one series need not be issued at the same time and, unless otherwise provided, a series may be reopened, without the consent of the Holders, reopened for issuances of additional Securities of such series. If any of the terms of the Securities of any series are were established by action taken pursuant to a Board Resolution, a copy of an appropriate record of such action shall be certified by the Secretary or an Assistant Secretary of each of the Company Issuers and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate setting forth the terms of the such series. The Securities of each series shall have the benefit of the Subsidiary Guarantees unless the Company elects otherwise upon the establishment of a series pursuant to this Section 3.01.

Amount Unlimited; Issuable in Series. (a) The aggregate principal amount of Securities which may be authenticated and delivered under this Indenture is unlimited. The Securities may be issued from time to time in one or more series. Prior to the issuance of Securities of any series, there . (b) The following matters shall be established in or with respect to each series of Securities issued hereunder (i) by a Board Resolution, (ii) by action taken pursuant to a Board Resolution and, and (subject to Section 3.03, 3.3) set forth, or determined in the manner provided, in an Officers’ Certificate, Certificate or established (iii) in one or more indentures supplemental hereto, prior to the issuance of Securities of any series,: (1i) the title of the Securities of the series (which title shall distinguish the Securities of the series from Securities all other series of any other seriesSecurities); (2ii) whether the Securities of the series will or will not have the benefit of the Subsidiary Guarantees of the Subsidiary Guarantors; (3) the purchase price, denomination and any limit upon the aggregate principal amount of the Securities of the series which may be authenticated and delivered under this Indenture (except for which limit shall not pertain to Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities of the series pursuant to Section 3.043.4, 3.053.6, 3.063.7, 9.06 9.6 or 11.07 and except for 11.8 or any Securities whichof the series that, pursuant to Section 3.033.3, are deemed never to have been authenticated and delivered hereunder); (4) the Person to whom any interest on a Security of the series shall be payable, if other than the Person in whose name that Security (or one or more Predecessor Securities) is registered at the close of business on the Regular Record Date for such interest; (5iii) the date or dates on which the principal of any and premium, if any, on the Securities of the series is payablewill mature or the method or methods of determining such date or dates; (6iv) the rate or rates (which may be fixed or variable) at which any the Securities of the series shall bear interest, if any, or the method or methods of calculating such rate or rates of interest, the method of payment of interest rates; (in particular, whether the interest will be paid in kind or otherwise), v) the date or dates from which any such interest interest, if any, shall accrue or the method or methods by which such date or dates shall be determined, ; (vi) the Interest Payment Dates date or dates on which any such interest interest, if any, shall be payable and the Regular Record Date for any such record date or dates therefor, and the basis upon which interest payable on any Interest Payment Dateshall be calculated if other than that of a 360-day year of twelve 30-day months; (7vii) the place or places where the principal of of, premium, if any, and any premium and interest interest, if any, on any Securities of the series shall be payable, or at which Securities of the series may be surrendered for registration of transfer and exchange; (8) the place or places where the Securities may be exchanged or transferred and notices and demands to or upon the Company in respect of the Securities and this Indenture may be served; (9viii) the period or periods within which, the price or prices at which which, the currency or currencies if other than in United States dollars (including currency unit or units) in which, and the other terms and conditions upon which any which, Securities of the series may be redeemed, in whole or in part, at the option of the Company and, if other than as provided in Section 11.03, the manner in which the particular Securities of such series (if less than all Securities of such series are to be redeemed) are to be selected for redemptionCompany; (10ix) the obligation, if any, of the Company to redeem or purchase any Securities of the series in whole or in part pursuant to any sinking fund or analogous provisions or upon the happening of a specified event, passage of time, event or at the option of the a Holder thereof and the period or periods within which, the price or prices at which which, the currency or currencies (if other than United States dollars) (including currency unit or units) in which, and the other terms and conditions upon which any which, Securities of the series shall be redeemed or purchased, in whole or in part, pursuant to such obligation; (11x) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which any Securities of the series shall are authorized to be issuableissued; (12xi) the currency or currency unit in which such Securities may be denominated and/or the currency or currencies (including currency unit or units) in which principal of, premium, if any, and interest, if any, on such Securities will be payable and whether the Company or the holders of any such Securities may elect to receive payments in respect of such Securities in a currency or currency unit other than that in which such Securities are stated to be payable; (xii) if the amount of payments of principal of or any premium or interest of, premium, if any, and interest, if any, on any the Securities of the series may be determined with reference to an index or pursuant to a index, formula or other methodmethod (which index, formula or method may be based, without limitation, on a currency or currencies (including currency unit or units) other than that in which the Securities of the series are denominated or designated to be payable), the manner in which such amounts shall will be determined; (13) if other than the currency of the United States of America, the currency, currencies or currency units in which the principal of or any premium or interest on any Securities of the series shall be payable and the manner of determining the equivalent thereof in the currency of the United States of America for any purpose, including for purposes of the definition of “Outstanding” in Section 1.01; (14) if the principal of or any premium or interest on any Securities of the series is to be payable, at the election of the Company or the Holder thereof, in one or more currencies or currency units other than that or those in which such Securities are stated to be payable, the currency, currencies or currency units in which the principal of or any premium or interest on such Securities as to which such election is made shall be payable, the periods within which and the terms and conditions upon which such election is to be made and the amount so payable (or the manner in which such amount shall be determined); (15xiii) if other than the entire principal amount thereof, the portion of the principal amount of any such Securities of the series which shall be payable upon declaration of acceleration of the Maturity thereof pursuant to Section 5.02 5.2 or the method by which such portion shall be determined; (16xiv) provisions, if any, granting special rights to the Holders of Securities of the series upon the occurrence of such events as may be specified; (xv) any addition to, modifications of or additions to deletion from the Events of Default set forth in Section 5.1 or the covenants of the Company set forth herein with respect in Article Nine pertaining to Securities of the series; and whether and the conditions under which the Holders of the Securities of the series may waive any such Event of Default or compliance with any such covenant relating to the Securities of such series; (17) if the principal amount payable at the Stated Maturity of any Securities of the series will not be determinable as of any one or more dates prior to the Stated Maturity, the amount which shall be deemed to be the principal amount of such Securities as of any such date for any purpose thereunder or hereunder, including the principal amount thereof which shall be due and payable upon any Maturity other than the Stated Maturity or which shall be deemed to be Outstanding as of any date prior to the Stated Maturity (or, in any such case, the manner in which such amount deemed to be the principal amount shall be determined); (18) if applicable, that the Securities of the series, in whole or any specified part, shall be defeasible pursuant to Section 15.02 or Section 15.03 or both such Sections and, if other than by a Board Resolution, the manner in which any election by the Company to defease such Securities shall be evidenced; (19xvi) the circumstances, if applicableany, under which the Company will pay additional amounts on the Securities of that series held by a Person who is not a U.S. Person (including any modification of the definition of such term) in respect of taxes, assessments or similar charges; (xvii) whether Securities of the series shall be issuable in registered or bearer form (with or without interest coupons), or both, and any restrictions applicable to the offering, sale, transfer or delivery of Bearer Securities and, if other than as provided in Section 3.6, the terms upon which Bearer Securities of a series may be exchanged for Securities of the same series and vice versa; (xviii) the date as of which any Bearer Securities of the series and any temporary Global Security representing Outstanding Securities of the series shall be dated, if other than the date of original issuance of the first Security of the series to be issued; (xix) the forms of the Securities and interest coupons, if any, of the series; (xx) if other than the Trustee, the identity of the Registrar and any Paying Agent; (xxi) the application, if any, of such means of defeasance or covenant defeasance as may be specified for such Securities of that series; (xxii) whether such Securities of the series are to be issued in whole or in part in the form of one or more Global Securities and, in such case, the respective Depositaries for such temporary or permanent Global Securities, the form of any legend or legends which shall be borne by any such Global Security in addition to or in lieu of that set forth in Section 2.05 and any circumstances in addition to or in lieu of those set forth in clause (2) of the last paragraph of Section 3.05 in which any such Global Security may be exchanged in whole or in part for Securities registered, and any transfer of such Global Security in whole or in part may be registered, in the name or names of Persons other than the Depositary for such Global Security or a nominee thereof; (20) any addition to or change in the Events of Default which applies to any Securities of the series and any change in the right of the Trustee or the requisite Holders of such Securities to declare the principal amount thereof due and payable pursuant to Section 502; (21) any addition to or change in the covenants set forth in Article Ten which applies to Securities of the series; (22) whether the Securities of the series will be convertible into Common Stock (or cash in lieu thereof) and, if so, the terms identity of the Depositary or its nominee, if any, for such Global Securities, and conditions upon the circumstances under which the beneficial owners of interests in any Securities of the series in global form may exchange such conversion will interests for certificated Securities of that series, to be effectedregistered in the names of or to be held by such beneficial owners or their nominees; (23xxiii) whether if the Securities of the series will may be securedissued or delivered, or any installment of principal or interest is payable, only upon receipt of certain certificates or other documents or satisfaction of other conditions in addition to those specified in this Indenture, the form and terms of such certificates, documents or conditions; (xxiv) if other than as provided in Section 3.9, the Person to whom any interest on any Security of the series shall be payable and the manner in which, or the Person to whom, any interest on any Bearer Securities of the series shall be payable; (xxv) any definitions for Securities of that series which are not to be as set forth in this Indenture, including, without limitation, the definition of “Unrestricted Subsidiary” to be used for that series; (xxvi) whether such Debt Securities are guaranteed and, if so, in what mannerthe identity of the Guarantors and the terms of such Guarantees (including whether and the extent to which the Guarantees are subordinated to the other indebtedness of the Guarantors); (24xxvii) the terms, if any, upon which the Company may be able to redeem such Debt Securities prior to their maturity including the dates on which such redemptions may be made and the price at which such redemptions may be made; (xxviii) the terms, if any, upon which such Securities of any series may be converted or exchanged into or for Common Shares, Preferred Shares or other securities or property of the Company; (xxix) any restrictions on the registration, transfer or exchange of the Securities; and (xxx) any other terms of the series (which terms shall not be inconsistent with the provisions of this Indenture, except as permitted by Section 9.01(5)); (25) any agents for the series, including trustees, depositories, authenticating, conversion, calculation or paying agents, transfer agents or registrars; and (26) any other terms of the series, including any terms Indenture pertaining to the Securities or which may be required by or advisable under the laws of the United States of America laws or regulations thereunder or advisable (as determined by the Company) in connection with the marketing of Securities of the series. (c) All provisions set forth in this Indenture shall be applicable to each series of Debt Securities issued hereunder unless otherwise specified in a supplemental indenture entered into pursuant to this Section 3.1, in which case the provisions of the supplemental indenture shall govern and references herein to “unless otherwise provided pursuant to Section 3.1” are not intended to limit what provisions may be amended pursuant to any supplemental indenture. Subject to Sections 1.8, 1.13 and any controlling provision of the Trust Indenture Act, in the event of any inconsistency between the terms of this Indenture and the terms applicable to a series of Securities established in the manner permitted by this Section 3.1, the (i) Board Resolution, (ii) Officers’ Certificate or (iii) supplemental indenture setting forth such conflicting term shall prevail. (d) All Securities of any one series and interest coupons, if any, appertaining thereto shall be substantially identical except as to denomination and except as may otherwise be provided in or (i) by a Board Resolution, (ii) by action taken pursuant to the a Board Resolution referred to above and (subject to Section 3.033.3) set forth, or determined in the manner provided, in the related Officers’ Certificate referred to above or (iii) in any such an indenture supplemental hereto. All Securities of any one series need not be issued at the same time and, unless otherwise provided, a series may be reopened, without the consent of the Holders, for issuances of additional Securities of such that series. . (e) If any of the terms of the Securities of any series are established by action taken pursuant to a Board Resolution, a copy of an appropriate record of such action Board Resolution shall be certified by the Secretary or an Assistant Secretary of the Company and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate setting forth forth, or providing the manner for determining, the terms of the series. The Securities of each that series, and an appropriate record of any action taken pursuant thereto in connection with the issuance of any Securities of that series shall have be delivered to the benefit Trustee prior to the authentication and delivery thereof. (f) Unless otherwise provided pursuant to Section 3.1, payment of the Subsidiary Guarantees unless principal of, premium, if any, and interest on the Securities shall be made at the office or agency of the Company elects otherwise upon maintained for that purpose as the establishment of a series Company may designate pursuant to this Section 3.013.1, in the United States, in such coin or currency of the United States of America as at the time of payment is legal tender for payment of public and private debts; provided, however, that at the option of the Company payment of interest may be made (i) by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Security Register or (ii) by wire transfer in immediately available funds to an account specified (not later than one Business Day prior to the applicable Interest Payment Date) by the Holder thereof. If any of the Securities are held by the Depository, payments of interest may be made by wire transfer to the Depository. Procedures with respect to payments in connection with Bearer Securities shall be established pursuant to Section 3.1.

Amount Unlimited; Issuable in Series. The aggregate principal amount of Securities which may be authenticated and delivered under this Indenture is unlimited. The Securities may be issued from time to time in one or more series. Prior to the issuance of Securities of any series, there There shall be established in or pursuant to a Board Resolution andResolution, subject to Section 3.03, and set forth, or determined in the manner provided, forth in an Officers’ Officer's Certificate, or established in one or more indentures supplemental hereto, prior to the issuance of Securities of any series,: (1) the title of the Securities of the series (which shall distinguish the Securities of the series from Securities of any all other seriesSecurities); (2) whether the Securities of the series will or will not have the benefit of the Subsidiary Guarantees of the Subsidiary Guarantors; (3) the purchase price, denomination and any limit upon the aggregate principal amount of the Securities of the series which may be authenticated and delivered under this Indenture (except for Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities of the series pursuant to Section 3.04Sections 304, 3.05305, 3.06306, 9.06 906 or 11.07 and except for any Securities which, pursuant to Section 3.03, are deemed never to have been authenticated and delivered hereunder1107); (43) the Person to whom whether any interest on a Security Securities of the series shall are to be payableissuable in permanent global form with or without coupons and, if so, (i) whether beneficial owners of interests in any such permanent global Security may exchange such interests for Securities of such series and of like tenor of any authorized form and denomination and the circumstances under which any such exchanges may occur, if other than in the Person manner provided in whose Section 305, and (ii) the name that Security of the Common Depositary (as defined in Section 304) or one or more Predecessor Securities) is registered at the close of business on U.S. Depositary, as the Regular Record Date for such interestcase may be, with respect to any global Security; (54) the date or dates on which the principal of any the Securities of the series is payable; (65) the rate or rates at which any the Securities of the series shall bear interest, if any, or the method of calculating such rate or rates of interest, the method of payment of interest (in particular, whether the interest will be paid in kind or otherwise), the date or dates from which any such interest shall accrue or the method by which such date or dates shall be determinedaccrue, the Interest Payment Dates on which any such interest shall be payable and the Regular Record Date for any such the interest payable on any Interest Payment DateDate and, if applicable to such series of Securities, the basis points and United States Treasury rate(s) and any other rates to be used in calculating the reset rate; (76) the place or places where the principal of (and any premium premium, if any) and interest on any Securities of the series shall be payable; (8) 7) the place right of the Company, if any, to defer any payment of principal of or places where interest on the Securities may be exchanged or transferred and notices and demands to or upon the Company in respect of the Securities series, and this Indenture may be servedthe maximum length of any such deferral period; (9) 8) the period or periods within which, the price or prices at which and the terms and conditions upon which any Securities of the series may be redeemed, in whole or in part, at the option of the Company andCompany, if other than as provided in Section 11.03, the manner in which the particular Securities of such series (if less than all Securities of such series are pursuant to be redeemed) are to be selected for redemptionany sinking fund or otherwise; (109) the obligation, if any, of the Company to redeem or purchase any Securities of the series in whole or in part pursuant to any sinking fund or analogous provisions or upon the happening of a specified event, passage of time, or at the option of the a Holder thereof and the period or periods within which, the price or prices at which and the terms and conditions upon which any Securities of the series shall be redeemed or purchased, in whole or in part, pursuant to such obligation, and, where applicable, the obligation of the Company to select the Securities to be redeemed; (1110) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which any Securities of the series shall be issuable; (12) if the amount of payments of principal of or any premium or interest on any Securities of the series may be determined with reference to an index or pursuant to a formula or other method, the manner in which such amounts shall be determined; (1311) if other than the currency of the United States of America, the currency, currencies or currency units in which the principal of or any premium or interest on any Securities of the series shall be payable and the manner of determining the equivalent thereof in the currency of the United States of America for any purpose, including for purposes of the definition of “Outstanding” in Section 1.01; (14) if the principal of or any premium or interest on any Securities of the series is to be payable, at the election of the Company or the Holder thereof, in one or more currencies or currency units other than that or those in which such Securities are stated to be payable, the currency, currencies or currency units in which the principal of or any premium or interest on such Securities as to which such election is made shall be payable, the periods within which and the terms and conditions upon which such election is to be made and the amount so payable (or the manner in which such amount shall be determined); (15) if other than the entire principal amount thereof, the portion of the principal amount of any Securities of the series which shall be payable upon declaration of acceleration of the Maturity thereof pursuant to Section 5.02 or the method by which such portion shall be determined502; (1612) any modifications of or additions to the additional Events of Default or the covenants of the Company set forth herein with respect to Securities of the series; , if any, other than those set forth herein; (13) if either or both of Section 1302 and whether and the conditions under which the Holders of Section 1303 shall be inapplicable to the Securities of the series may waive any (provided that if no such Event of Default or compliance with any such covenant relating to the Securities of such series; (17) if the principal amount payable at the Stated Maturity of any Securities of the series will not be determinable as of any one or more dates prior to the Stated Maturity, the amount which inapplicability shall be deemed to be the principal amount of such Securities as of any such date for any purpose thereunder or hereunderspecified, including the principal amount thereof which then both Section 1302 and Section 1303 shall be due and payable upon any Maturity other than the Stated Maturity or which shall be deemed applicable to be Outstanding as of any date prior to the Stated Maturity (or, in any such case, the manner in which such amount deemed to be the principal amount shall be determined); (18) if applicable, that the Securities of the series, in whole or any specified part, shall be defeasible pursuant to Section 15.02 or Section 15.03 or both such Sections and, ); (14) if other than by a Board ResolutionU.S. dollars, the manner currency or currencies or units based on or related to currencies in which the Securities of such series shall be denominated and in which payments of principal of, and any election by the Company to defease premium and interest on, such Securities shall or may be evidencedpayable; provided, however, that prior to the issuance of any such Securities, the Company shall have obtained the written consent of the Trustee, which consent may be withheld in the sole discretion of the Trustee, to the currency, currencies, or currency units so established; (1915) if applicable, that any Securities of the series shall be issuable in whole or in part in the form of one or more Global Securities and, in such case, the respective Depositaries for such Global Securities, the form of any legend or legends which shall be borne by any such Global Security in addition to or in lieu of that set forth in Section 2.05 and any circumstances in addition to or in lieu of those set forth in clause (2) of the last paragraph of Section 3.05 in which any such Global Security may be exchanged in whole or in part for Securities registered, and any transfer of such Global Security in whole or in part may be registered, in the name or names of Persons other than the Depositary for such Global Security or a nominee thereof; (20) any addition to or change in the Events of Default which applies to any Securities of the series and any change in the right of the Trustee or the requisite Holders of such Securities to declare the principal amount thereof due and payable pursuant to Section 502; (21) any addition to or change in the additional covenants set forth in Article Ten which applies with respect to Securities of the series, if any, other than those set forth herein; (2216) whether if other than the Securities Trustee, the identity of the series will be convertible into Common Stock (or cash in lieu thereof) Registrar and any Paying Agent; and, if so, the terms and conditions upon which such conversion will be effected; (23) whether the Securities of the series will be secured, and if so, in what manner; (2417) any other terms of the series (which terms shall not be inconsistent with the provisions of this Indenture, except as permitted by Section 9.01(5)); (25) any agents for the series, including trustees, depositories, authenticating, conversion, calculation or paying agents, transfer agents or registrars; and (26) any other terms of the series, including any terms which may be required by or advisable under the laws of the United States of America or regulations thereunder or advisable (as determined by the Company) in connection with the marketing of Securities of the series. All Securities of any one series shall be substantially identical except as to denomination and except as may otherwise be provided in or pursuant to the such Board Resolution referred to above and (subject to Section 3.03) set forth, or determined forth in the manner provided, in the Officers’ such Officer's Certificate referred to above or in any such indenture Indenture supplemental hereto. All Securities of any one series need not be issued at the same time and, unless otherwise provided, a series may be reopened, without the consent of the Holders, for issuances of additional Securities of such series. If any of the terms of the Securities of any series are established by action taken pursuant to a Board Resolution, a copy of an appropriate record of such action shall be certified by the Secretary or an Assistant Secretary of the Company and delivered to the Trustee at or prior to the delivery of the Officers’ Officer's Certificate setting forth forth, or providing the manner for determining, the terms of the series. The Securities of each series shall have the benefit of the Subsidiary Guarantees unless the Company elects otherwise upon the establishment of a series pursuant to this Section 3.01such series.