Common use of CUSIPs; ISINs Clause in Contracts

CUSIPs; ISINs. The Issuers have caused CUSIPs and ISINs to be printed on the Fixed Rate Senior Secured Notes and have directed the Trustee to use CUSIPs and ISINs in notices of redemption as a convenience to the Holders. No representation is made as to the accuracy of such numbers either as printed on the Fixed Rate Senior Secured Notes or as contained in any notice of redemption and reliance may be placed only on the other identification numbers placed thereon. The Issuers shall furnish to any Holder of Fixed Rate Senior Secured Notes upon written request and without charge to the Holder a copy of the Senior Secured Notes Indenture which has in it the text of this Fixed Rate Senior Secured Note. Capitalized terms used but not defined herein shall have the meanings set forth in the Senior Secured Notes Indenture. ASSIGNMENT FORM AND CERTIFICATE To assign this Fixed Rate Senior Secured Note, fill in the form below: I or we assign and transfer this Fixed Rate Senior Secured Note to (Print or type assignee’s name, address and zip code) (Insert assignee’s soc. sec. or tax I.D. No.) and irrevocably appoint agent to transfer this Fixed Rate Senior Secured Note on the books of the Issuers. The agent may substitute another to act for him. Date: ___________________ Your Signature: ___________________ Sign exactly as your name appears on the other side of this Original Fixed Rate Senior Secured Note. In connection with any transfer of any of the Fixed Rate Senior Secured Notes evidenced by this form and certificate the undersigned confirms that such Fixed Rate Senior Secured Notes are being transferred in accordance with its terms (including in accordance with all applicable securities laws of the States of the United States and other jurisdictions): CHECK ONE BOX BELOW ¨ (1) in the United States to a person whom the undersigned reasonably believes is a Qualified Institutional Buyer (as defined in Rule 144A under the Securities Act) (“QIB”) that purchases for its own account or for the account of a QIB to whom notice is given that such transfer is being made in reliance on Rule 144A, in each case pursuant to and in compliance with Rule 144A; ¨ (2) outside the United States in an offshore transaction in accordance with Rule 903 or 904 under the Securities Act to a person who is not a U.S. person (as defined in Regulation S under the Securities Act);

CUSIPs; ISINs. The Issuers have caused CUSIPs and ISINs to be printed on the Fixed Rate Senior Secured Notes and have directed the Trustee to use CUSIPs and ISINs in notices of redemption as a convenience to the Holders. No representation is made as to the accuracy of such numbers either as printed on the Fixed Rate Senior Secured Notes or as contained in any notice of redemption and reliance may be placed only on the other identification numbers placed thereon. The Issuers shall furnish to any Holder of Fixed Rate Senior Secured Notes upon written request and without charge to the Holder a copy of the Senior Secured Notes Indenture which has in it the text of this Fixed Rate Senior Secured Note. Capitalized terms used but not defined herein shall have the meanings set forth in the Senior Secured Notes Indenture. The taking of this document or any certified copy of it or any other document which constitutes substitute documentation for it, or any document which includes written confirmations or references to it, into Austria as well as printing out any e-mail communication which refers to this document in Austria or sending any e-mail communication to which a pdf scan of this document is attached to an Austrian addressee or sending any e-mail communication carrying an electronic or digital signature which refers to this document to an Austrian addressee may cause the imposition of Austrian stamp duty. Accordingly, keep the original document as well as all certified copies thereof and written and signed references to it outside of Austria and avoid printing out any e-mail communication which refers to this document in Austria or sending any e-mail communication to which a pdf scan of this document is attached to an Austrian addressee or sending any e-mail communication carrying an electronic or digital signature which refers to this document to an Austrian addressee. ASSIGNMENT FORM AND CERTIFICATE To assign this Fixed Rate Senior Secured Note, fill in the form below: I or we assign and transfer this Fixed Rate Senior Secured Note to (Print or type assignee’s name, address and zip code) (Insert assignee’s soc. sec. or tax I.D. No.) and irrevocably appoint agent to transfer this Fixed Rate Senior Secured Note on the books of the Issuers. The agent may substitute another to act for him. Date: ___________________ Your Signature: ___________________ Sign exactly as your name appears on the other side of this Original Fixed Rate Senior Secured Note. The parties shall perform their obligations under or in connection with this assignment exclusively outside of Austria and the performance of any obligations or liability under or in connection with this assignment within the Republic of Austria shall not constitute discharge or performance of such obligation or liability. It is expressly agreed between the parties hereto that any such performance within the Republic of Austria will not establish Austria as the place of performance and shall be deemed not effective with respect to any party hereto. Furthermore, the parties agree that the fulfillment of any contractual obligation under this assignment within the Republic of Austria does not result in a discharge of debt. In connection with any transfer of any of the Fixed Rate Senior Secured Notes evidenced by this form and certificate the undersigned confirms that such Fixed Rate Senior Secured Notes are being transferred in accordance with its terms (including in accordance with all applicable securities laws of the States of the United States and other jurisdictions): CHECK ONE BOX BELOW ¨ BELOW o (1) in the United States to a person whom the undersigned reasonably believes is a Qualified Institutional Buyer (as defined in Rule 144A under the Securities Act) (“QIB”) that purchases for its own account or for the account of a QIB to whom notice is given that such transfer is being made in reliance on Rule 144A, in each case pursuant to and in compliance with Rule 144A; ¨ ; o (2) outside the United States in an offshore transaction in accordance with Rule 903 or 904 under the Securities Act to a person who is not a U.S. person (as defined in Regulation S under the Securities Act); o (3) pursuant to an exemption from registration under the Securities Act provided by Rule 144 thereunder; o (4) to the Registrar for registration in the name of the Holder, without transfer; o (5) pursuant to an effective registration statement under the Securities Act; or o (6) to the Issuers. Unless one of the boxes is checked, the Registrar shall refuse to register any of the Senior Notes evidenced by this certificate in the name of any Person other than the registered Holder thereof; provided, however, that if box (2) or (3) is checked, the Registrar shall be entitled to require, prior to registering any such transfer of the Senior Notes, such legal opinions, certifications and other information as the Registrar and, if applicable, the Issuers have reasonably requested to confirm that such transfer is being made pursuant to an exemption from, or in a transaction not subject to, the registration requirements of the Securities Act. Signature Signature TO BE COMPLETED BY PURCHASER IF (1) ABOVE IS CHECKED. The undersigned represents and warrants that it is purchasing this Senior 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 U.S. 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 Issuers, BP I and the Senior Note Guarantors as the undersigned has requested pursuant to Rule 144A or has determined not to request such information and that it is aware that the transferor is relying upon the undersigned’s foregoing representations in order to claim the exemption from registration provided by Rule 144A. Dated:__________________________ _________________________________________________ Notice: To be executed by an executive officer [TO BE ATTACHED TO GLOBAL SECURITIES] SCHEDULE OF INCREASES OR DECREASES IN GLOBAL SENIOR SECURITY The initial principal amount of this Global Senior Security is $_____________. The following increases or decreases in this Global Senior Security have been made: Principal amount of Signature of Amount of decrease Amount of increase this Global Senior authorized in Principal Amount in Principal Amount Security following signatory of of this Global of this Global such decrease or Trustee or Common Date of Exchange Senior Security Senior Security increase Depositary

CUSIPs; ISINs. The Issuers have caused CUSIPs and ISINs to be printed on the Fixed Rate Senior Secured Notes and have directed the Trustee to use CUSIPs and ISINs in notices of redemption as a convenience to the Holders. No representation is made as to the accuracy of such numbers either as printed on the Fixed Rate Senior Secured Notes or as contained in any notice of redemption and reliance may be placed only on the other identification numbers placed thereon. The Issuers shall furnish to any Holder of Fixed Rate Senior Secured Notes upon written request and without charge to the Holder a copy of the Senior Secured Notes Indenture which has in it the text of this Fixed Rate Senior Secured Note. Capitalized terms used but not defined herein shall have the meanings set forth in the Senior Secured Notes Indenture. ASSIGNMENT FORM AND CERTIFICATE To assign this Fixed Rate Senior Secured Note, fill in the form below: I or we assign and transfer this Fixed Rate Senior Secured Note to (Print or type assignee’s name, address and zip code) (Insert assignee’s soc. sec. or tax I.D. No.) and irrevocably appoint agent to transfer this Fixed Rate Senior Secured Note on the books of the Issuers. The agent may substitute another to act for him. Date: ___________________ Your Signature: ___________________ Sign exactly as your name appears on the other side of this Original Fixed Rate Senior Secured Note. The parties shall perform their obligations under or in connection with this assignment exclusively outside of Austria and the performance of any obligations or liability under or in connection with this assignment within the Republic of Austria shall not constitute discharge or performance of such obligation or liability. It is expressly agreed between the parties hereto that any such performance within the Republic of Austria will not establish Austria as the place of performance and shall be deemed not effective with respect to any party hereto. Furthermore, the parties agree that the fulfillment of any contractual obligation under this assignment within the Republic of Austria does not result in a discharge of debt. In connection with any transfer of any of the Fixed Rate Senior Secured Notes evidenced by this form and certificate the undersigned confirms that such Fixed Rate Senior Secured Notes are being transferred in accordance with its terms (including in accordance with all applicable securities laws of the States of the United States and other jurisdictions): CHECK ONE BOX BELOW ¨ (1) in the United States to a person whom the undersigned reasonably believes is a Qualified Institutional Buyer (as defined in Rule 144A under the Securities Act) (“QIB”) that purchases for its own account or for the account of a QIB to whom notice is given that such transfer is being made in reliance on Rule 144A, in each case pursuant to and in compliance with Rule 144A; ¨ (2) outside the United States in an offshore transaction in accordance with Rule 903 or 904 under the Securities Act to a person who is not a U.S. person (as defined in Regulation S under the Securities Act);BELOW

CUSIPs; ISINs. The Issuers have caused CUSIPs and ISINs to be printed on the Fixed Rate Senior Secured Subordinated Notes and have directed the Trustee to use CUSIPs and ISINs in notices of redemption as a convenience to the Holders. No representation is made as to the accuracy of such numbers either as printed on the Fixed Rate Senior Secured Subordinated Notes or as contained in any notice of redemption and reliance may be placed only on the other identification numbers placed thereon. The Issuers shall furnish to any Holder of Fixed Rate Senior Secured Notes upon written request and without charge to the Holder a copy of the Senior Secured Subordinated Notes Indenture which has in it the text of this Fixed Rate Senior Secured Subordinated Note. Capitalized terms used but not defined herein shall have the meanings set forth in the Senior Secured Subordinated Notes Indenture. ASSIGNMENT FORM AND CERTIFICATE To assign this Fixed Rate Senior Secured Subordinated Note, fill in the form below: I or we assign and transfer this Fixed Rate Senior Secured Subordinated Note to (Print or type assignee’s name, address and zip code) (Insert assignee’s soc. sec. or tax I.D. No.) and irrevocably appoint agent to transfer this Fixed Rate Senior Secured Subordinated Note on the books of the Issuers. The agent may substitute another to act for him. Date: ___________________ Your Signature: ___________________ Sign exactly as your name appears on the other side of this Original Fixed Rate Senior Secured Subordinated Note. The parties shall perform their obligations under or in connection with this assignment exclusively outside of Austria and the performance of any obligations or liability under or in connection with this assignment within the Republic of Austria shall not constitute discharge or performance of such obligation or liability. It is expressly agreed between the parties hereto that any such performance within the Republic of Austria will not establish Austria as the place of performance and shall be deemed not effective with respect to any party hereto. Furthermore, the parties agree that the fulfillment of any contractual obligation under this assignment within the Republic of Austria does not result in a discharge of debt. In connection with any transfer of any of the Fixed Rate Senior Secured Subordinated Notes evidenced by this form and certificate the undersigned confirms that such Fixed Rate Senior Secured Subordinated Notes are being transferred in accordance with its terms (including in accordance with all applicable securities laws of the States of the United States and other jurisdictions): CHECK ONE BOX BELOW ¨ (1) in the United States to a person whom the undersigned reasonably believes is a Qualified Institutional Buyer (as defined in Rule 144A under the Securities Act) (“QIB”) that purchases for its own account or for the account of a QIB to whom notice is given that such transfer is being made in reliance on Rule 144A, in each case pursuant to and in compliance with Rule 144A; ¨ (2) outside the United States in an offshore transaction in accordance with Rule 903 or 904 under the Securities Act to a person who is not a U.S. person (as defined in Regulation S under the Securities Act);BELOW

CUSIPs; ISINs. The Issuers have caused CUSIPs and ISINs to be printed on the Fixed Floating Rate Senior Secured Notes and have directed the Trustee to use CUSIPs and ISINs in notices of redemption as a convenience to the Holders. No representation is made as to the accuracy of such numbers either as printed on the Fixed Floating Rate Senior Secured Notes or as contained in any notice of redemption and reliance may be placed only on the other identification numbers placed thereon. The Issuers shall furnish to any Holder of Fixed Floating Rate Senior Secured Notes upon written request and without charge to the Holder a copy of the Senior Secured Notes Indenture which has in it the text of this Fixed Floating Rate Senior Secured Note. Capitalized terms used but not defined herein shall have the meanings set forth in the Senior Secured Notes Indenture. ASSIGNMENT FORM AND CERTIFICATE To assign this Fixed Floating Rate Senior Secured Note, fill in the form below: I or we assign and transfer this Fixed Floating Rate Senior Secured Note to (Print or type assignee’s name, address and zip code) (Insert assignee’s soc. sec. or tax I.D. No.) and irrevocably appoint agent to transfer this Fixed Floating Rate Senior Secured Note on the books of the Issuers. The agent may substitute another to act for him. Date: ___________________ Your Signature: ___________________ Sign exactly as your name appears on the other side of this Original Fixed Floating Rate Senior Secured Note. In connection with any transfer of any of the Fixed Floating Rate Senior Secured Notes evidenced by this form and certificate the undersigned confirms that such Fixed Floating Rate Senior Secured Notes are being transferred in accordance with its terms (including in accordance with all applicable securities laws of the States of the United States and other jurisdictions): CHECK ONE BOX BELOW ¨ (1) in the United States to a person whom the undersigned reasonably believes is a Qualified Institutional Buyer (as defined in Rule 144A under the Securities Act) (“QIB”) that purchases for its own account or for the account of a QIB to whom notice is given that such transfer is being made in reliance on Rule 144A, in each case pursuant to and in compliance with Rule 144A; ¨ (2) outside the United States in an offshore transaction in accordance with Rule 903 or 904 under the Securities Act to a person who is not a U.S. person (as defined in Regulation S under the Securities Act);; ¨ (3) pursuant to an exemption from registration under the Securities Act provided by Rule 144 thereunder; ¨ (4) to the Registrar for registration in the name of the Holder, without transfer; ¨ (5) pursuant to an effective registration statement under the Securities Act; or ¨ (6) to the Issuers or any of their Subsidiaries. Unless one of the boxes is checked, the Registrar shall refuse to register any of the Floating Rate Senior Secured Notes evidenced by this certificate in the name of any Person other than the registered Holder thereof; provided, however, that if box (2) or (3) is checked, the Registrar shall be entitled to require, prior to registering any such transfer of the Floating Rate Senior Secured Notes, such legal opinions, certifications and other information as the Registrar and, if applicable, the Issuers have reasonably requested to confirm that such transfer is being made pursuant to an exemption from, or in a transaction not subject to, the registration requirements of the Securities Act. ___________________________ Signature ___________________________ Signature The undersigned represents and warrants that it is purchasing this Floating Rate Senior Secured 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 U.S. 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 Issuers, BP I and the Senior Secured Note Guarantors as the undersigned has requested pursuant to Rule 144A or has determined not to request such information and that it is aware that the transferor is relying upon the undersigned’s foregoing representations in order to claim the exemption from registration provided by Rule 144A. Dated:__________________________ ________________________________ Notice: To be executed by an executive officer The initial principal amount of this Global Senior Secured Security is $______________. The following increases or decreases in this Global Senior Secured Security have been made: Asset Sale € Change of Control € SECTION 1.01. Construction; Certain Defined Terms 1 SECTION 2.01. Relative Priorities 18 SECTION 2.02. Prohibition on Contesting Liens 20 SECTION 2.03. No New Second Priority Guarantees or Liens 20 SECTION 2.04. Similar Security Documents Relating to Shared Collateral 20 SECTION 2.05. Perfection of Liens 21 SECTION 3.01. Exercise of Rights and Remedies 21 SECTION 3.02. No Interference 23 SECTION 3.03. Actions upon Breach 24 SECTION 4.01. Application of Proceeds 25 SECTION 4.02. Payment Over 26 SECTION 4.03. Certain Agreements with Respect to Invalid or Unenforceable Liens 26 SECTION 4.04. First Lien Agents Attorney-in-Fact 26 SECTION 4.05. Existence and Amounts of Liens and Obligations 27 SECTION 5.01. DIP Financing 27 SECTION 5.02. Post-Petition Interest 30 SECTION 5.03. Certain Voting Matters 30 SECTION 5.04. Enforceability 31 SECTION 5.05. Certain Actions Permitted 31 SECTION 5.06. First Lien Obligations Unconditional 33 SECTION 5.07. Junior Priority Obligations Unconditional 34 SECTION 5.08. Adequate Protection 34 SECTION 5.09. Reorganization Securities and Other Plan-Related Issues 35 SECTION 5.10. Additional Provisions Regarding Non-U.S. Insolvency or Liquidation Proceedings 35

CUSIPs; ISINs. The Issuers have caused CUSIPs and ISINs to be printed on the Fixed Rate Senior Secured Notes and have directed the Trustee to use CUSIPs and ISINs in notices of redemption as a convenience to the Holders. No representation is made as to the accuracy of such numbers either as printed on the Fixed Rate Senior Secured Notes or as contained in any notice of redemption and reliance may be placed only on the other identification numbers placed thereon. The Issuers shall furnish to any Holder of Fixed Rate Senior Secured Notes upon written request and without charge to the Holder a copy of the Senior Secured Notes Indenture which has in it the text of this Fixed Rate Senior Secured Note. Capitalized terms used but not defined herein shall have the meanings set forth in the Senior Secured Notes Indenture. ASSIGNMENT FORM AND CERTIFICATE To assign this Fixed Rate Senior Secured Note, fill in the form below: I or we assign and transfer this Fixed Rate Senior Secured Note to (Print or type assignee’s name, address and zip code) (Insert assignee’s soc. sec. or tax I.D. No.) and irrevocably appoint agent to transfer this Fixed Rate Senior Secured Note on the books of the Issuers. The agent may substitute another to act for him. Date: ___________________ Your Signature: ___________________ Sign exactly as your name appears on the other side of this Original Fixed Rate Senior Secured Note. The parties shall perform their obligations under or in connection with this assignment exclusively outside of Austria and the performance of any obligations or liability under or in connection with this assignment within the Republic of Austria shall not constitute discharge or performance of such obligation or liability. It is expressly agreed between the parties hereto that any such performance within the Republic of Austria will not establish Austria as the place of performance and shall be deemed not effective with respect to any party hereto. Furthermore, the parties agree that the fulfillment of any contractual obligation under this assignment within the Republic of Austria does not result in a discharge of debt. In connection with any transfer of any of the Fixed Rate Senior Secured Notes evidenced by this form and certificate the undersigned confirms that such Fixed Rate Senior Secured Notes are being transferred in accordance with its terms (including in accordance with all applicable securities laws of the States of the United States and other jurisdictions): CHECK ONE BOX BELOW ¨ (1) in the United States to a person whom the undersigned reasonably believes is a Qualified Institutional Buyer (as defined in Rule 144A under the Securities Act) (“QIB”) that purchases for its own account or for the account of a QIB to whom notice is given that such transfer is being made in reliance on Rule 144A, in each case pursuant to and in compliance with Rule 144A; ¨ (2) outside the United States in an offshore transaction in accordance with Rule 903 or 904 under the Securities Act to a person who is not a U.S. person (as defined in Regulation S under the Securities Act);; ¨ (3) pursuant to an exemption from registration under the Securities Act provided by Rule 144 thereunder; ¨ (4) to the Registrar for registration in the name of the Holder, without transfer; ¨ (5) pursuant to an effective registration statement under the Securities Act; or

CUSIPs; ISINs. The Issuers have caused CUSIPs and ISINs to be printed on the Fixed Rate Senior Secured Notes and have directed the Trustee to use CUSIPs and ISINs in notices of redemption as a convenience to the Holders. No representation is made as to the accuracy of such numbers either as printed on the Fixed Rate Senior Secured Notes or as contained in any notice of redemption and reliance may be placed only on the other identification numbers placed thereon. The Issuers shall furnish to any Holder of Fixed Rate Senior Secured Notes upon written request and without charge to the Holder a copy of the Senior Secured Notes Indenture which has in it the text of this Fixed Rate Senior Secured Note. Capitalized terms used but not defined herein shall have the meanings set forth in the Senior Secured Notes Indenture. ASSIGNMENT FORM AND CERTIFICATE To assign this Fixed Rate Senior Secured Note, fill in the form below: I or we assign and transfer this Fixed Rate Senior Secured Note to (Print or type assignee’s name, address and zip code) (Insert assignee’s soc. sec. or tax I.D. No.) and irrevocably appoint agent to transfer this Fixed Rate Senior Secured Note on the books of the Issuers. The agent may substitute another to act for him. Date: ___________________ Your Signature: ___________________ Sign exactly as your name appears on the other side of this Original Fixed Rate Senior Secured Note. In connection with any transfer of any of the Fixed Rate Senior Secured Notes evidenced by this form and certificate the undersigned confirms that such Fixed Rate Senior Secured Notes are being transferred in accordance with its terms (including in accordance with all applicable securities laws of the States of the United States and other jurisdictions): CHECK ONE BOX BELOW ¨ (1) in the United States to a person whom the undersigned reasonably believes is a Qualified Institutional Buyer (as defined in Rule 144A under the Securities Act) (“QIB”) that purchases for its own account or for the account of a QIB to whom notice is given that such transfer is being made in reliance on Rule 144A, in each case pursuant to and in compliance with Rule 144A; ¨ (2) outside the United States in an offshore transaction in accordance with Rule 903 or 904 under the Securities Act to a person who is not a U.S. person (as defined in Regulation S under the Securities Act); ¨ (3) pursuant to an exemption from registration under the Securities Act provided by Rule 144 thereunder;