Common use of CHECKED Clause in Contracts

CHECKED. The undersigned represents and warrants that it is purchasing this Note for its own account or an account with respect to which it exercises sole investment discretion and that it and any such account is a “qualified institutional buyer” within the meaning of Rule 144A under the Securities Act of 1933 and is aware that the sale to it is being made in reliance on Rule 144A and acknowledges that it has received such information regarding the Company as the undersigned has requested pursuant to Rule 144A or has determined not to request such information and that it is aware that the transferor is relying upon the undersigned’s foregoing representations in order to claim the exemption from registration provided by Rule 144A. Date: NOTICE: To be executed by an executive officer SCHEDULE I XXXXXXXX AMERICAN INC. TERMS OF 3.500% SENIOR NOTES DUE 2016 2.300% SENIOR NOTES DUE 2017 8.125% SENIOR NOTES DUE 2019 6.875% SENIOR NOTES DUE 2020 3.750% SENIOR NOTES DUE 2023 8.125% SENIOR NOTES DUE 2040 7.000% SENIOR NOTES DUE 2041