Common use of Date and Denomination of Notes; Payments of Interest Clause in Contracts

Date and Denomination of Notes; Payments of Interest. The Notes shall be issuable in registered form without coupons in denominations of $1,000 principal amount and integral multiples thereof. Every Note shall be dated the date of its authentication and shall bear interest from the applicable date as specified on the face of the form of Note, attached as Exhibit A hereto. Accrued interest shall be payable semiannually on each May 1 and November 1, as set forth on such form of Note, commencing November 1, 1998 and ending on May 1, 2005, unless redeemed, repurchased or converted earlier in accordance with the terms of this Indenture. The person in whose name any Note (or its Predecessor Note) is registered at the close of business on any record date with respect to any interest payment date (including any Note that is converted after the record date and on or before the interest payment date) shall be entitled to receive the interest payable on such interest payment date notwithstanding the cancellation of such Note upon any transfer, exchange or conversion subsequent to the record date and on or prior to such interest payment date; provided that, in the case of any Note, or portion thereof, called for redemption pursuant to Article III on a redemption date, or repurchased by the Company pursuant to Article XVI on a repurchase date, during the period from the close of business on the record date to the close of business on the Business Day next preceding the following interest payment date, interest shall not be paid to the person in whose name the Note, or portion thereof, is registered on the close of business on such record date, and the Company shall have no obligation to pay interest on such Note or portion thereof except to the extent required to be paid upon such redemption or repurchase in accordance with Article III or Article XVI. Interest may, at the option of the Company, be paid by check mailed to the address of such person on the Note registry; provided that, with respect to any holder of Notes with an

Date and Denomination of Notes; Payments of Interest. The Notes shall be issuable in registered form without coupons in denominations of $1,000 principal amount and greater integral multiples thereofof $1,000. Every Each Note shall be dated the date of its authentication and shall bear interest from the applicable date as specified on the face of the form Form of Note, Note attached as Exhibit A hereto. Accrued interest Interest on the Notes shall be payable semiannually computed on each May 1 and November 1, as set forth on such form the basis of Note, commencing November 1, 1998 and ending on May 1, 2005, unless redeemed, repurchased or converted earlier in accordance with the terms a 360-day year comprised of this Indenturetwelve 30-day months. The person Person in whose name any Note (or its Predecessor Note) is registered on the Note Register at the close of business on any record date Regular Record Date with respect to any interest payment date (including any Note that is converted after the record date and on or before the interest payment date) Interest Payment Date shall be entitled to receive the interest payable on such Interest Payment Date. Interest shall be payable at the office of the Paying Agent, which shall initially be the Corporate Trust Office of the Trustee as the Company’s Paying Agent and Note Registrar. The Company shall pay interest payment date notwithstanding on any Physical Notes (i) to the cancellation Person entitled thereto having an aggregate principal amount of $2,000,000 or less, by check mailed to such Person at the address set forth in the Note Register and (ii) to the Person entitled thereto having an aggregate principal amount of more than $2,000,000, either by check mailed to such Person or, upon application by such Person to the Note Registrar not later than the relevant Regular Record Date, by wire transfer in immediately available funds to such Person’s account within the United States, which application and wire transfer instructions shall remain in effect until such Person notifies, in writing, the Note Registrar to the contrary. Any Defaulted Interest shall forthwith cease to be payable to the Holder of such Note upon on the relevant Regular Record Date by virtue of its having been such Holder, and such Defaulted Interest shall be paid by the Company, at its election in each case, as provided in clause (1) or (2) below: (1) The Company may elect to make payment of any transfer, exchange or conversion subsequent Defaulted Interest to the record date and on Persons in whose names the Notes (or prior to such interest payment date; provided that, in the case of any Note, or portion thereof, called for redemption pursuant to Article III on a redemption date, or repurchased by the Company pursuant to Article XVI on a repurchase date, during the period from their respective Predecessor Notes) are registered at the close of business on the a special record date to for the close payment of business on the Business Day next preceding such Defaulted Interest, which shall be fixed in the following interest payment date, interest manner. The Company shall not notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date of the proposed payment (which shall be not less than 20 days after the receipt by the Trustee of such notice, unless the Trustee shall consent to the person in whose name the Note, or portion thereof, is registered on the close of business on such record an earlier date), and at the same time the Company shall have no obligation to pay interest on such Note or portion thereof except deposit with the Trustee an amount of money equal to the extent required aggregate amount to be paid upon in respect of such redemption Defaulted Interest or repurchase shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in accordance with Article III or Article XVItrust for the benefit of the Persons entitled to such Defaulted Interest as in this clause provided. Thereupon the Company shall fix a special record date for the payment of such Defaulted Interest maywhich shall be not more than fifteen days and not less than ten days prior to the date of the proposed payment, and not less than ten days after the receipt by the Trustee of the notice of the proposed payment. The Company shall promptly notify the Trustee in writing of such special record date and the Trustee, in the name and at the option expense of the Company, be paid by check mailed to the address of such person on the Note registry; provided that, with respect to any holder of Notes with anshall cause

Date and Denomination of Notes; Payments of Interest. The Notes shall be issuable in registered form without coupons in denominations of $1,000 principal amount and integral multiples thereof. Every Each Note shall be dated the date of its authentication and shall bear interest from the applicable date as specified on the face of the form of Note, Note attached as Exhibit A hereto. Accrued interest Interest on the Notes shall be payable semiannually computed on each May 1 and November 1, as set forth on such form the basis of Note, commencing November 1, 1998 and ending on May 1, 2005, unless redeemed, repurchased or converted earlier in accordance with the terms a 360-day year comprised of this Indenturetwelve 30-day months. The person Person in whose name any Note (or its Predecessor Note) is registered on the Note Register at the close of business on any record date Interest Record Date with respect to any interest payment date (including any Note that is converted after the record date and on or before the interest payment date) Interest Payment Date shall be entitled to receive the interest payable on such Interest Payment Date. Interest shall be payable at the office of the Paying Agent, which shall initially be the Corporate Trust Office of the Trustee as the Company’s Paying Agent and Note Registrar. The Company shall pay interest payment date notwithstanding the cancellation of such Note upon on any transfer, exchange or conversion subsequent Notes in certificated form (i) to the record date and on Person entitled thereto having an aggregate principal amount of $5,000,000 or prior less, by check mailed to such interest payment date; provided thatPerson and (ii) to the Person entitled thereto having an aggregate principal amount of more than $5,000,000, either by check mailed to such Person or, upon application by such Person to the Note Registrar not later than the relevant Interest Record Date, by wire transfer in immediately available funds to such Person’s account within the United States, which application shall remain in effect until such Person notifies, in writing, the case Note Registrar to the contrary. Any Defaulted Interest shall forthwith cease to be payable to the Noteholder on the relevant Interest Record Date by virtue of its having been such Noteholder, and such Defaulted Interest shall be paid by the Company, at its election in each case, as provided in clause (1) or (2) below: (1) The Company may elect to make payment of any Note, Defaulted Interest to the Persons in whose names the Notes (or portion thereof, called for redemption pursuant to Article III on a redemption date, or repurchased by the Company pursuant to Article XVI on a repurchase date, during the period from their respective Predecessor Notes) are registered at the close of business on the a special record date for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date of the proposed payment (which shall be not less than 25 days after the receipt by the Trustee of such notice, unless the Trustee shall consent to an earlier date), and at the same time the Company shall deposit with the Trustee an amount of money equal to the close aggregate amount to be paid in respect of business such Defaulted Interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the Business Day next preceding date of the following interest proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such Defaulted Interest as in this clause provided. Thereupon the Company shall fix a special record date for the payment of such Defaulted Interest which shall be not more than fifteen days and not less than ten days prior to the date of the proposed payment, and not less than ten days after the receipt by the Trustee of the notice of the proposed payment. The Company shall promptly notify the Trustee in writing of such special record date and the Trustee, in the name and at the expense of the Company, shall cause notice of the proposed payment of such Defaulted Interest and the special record date therefor to be mailed, first-class postage prepaid, to each holder at its address as it appears in the Note Register, not less than ten days prior to such special record date. Notice of the proposed payment of such Defaulted Interest and the special record date therefor having been so mailed, interest such Defaulted Interest shall not be paid to the person Persons in whose name names the Note, Notes (or portion thereof, is their respective Predecessor Notes) are registered on at the close of business on such special record datedate and shall no longer be payable pursuant to the following clause (2) of this Section 2.03. (2) The Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange or automated quotation system on which the Notes may be listed or designated for issuance, and upon such notice as may be required by such exchange or automated quotation system, if, after notice given by the Company shall have no obligation to pay interest on such Note or portion thereof except to the extent required to be paid upon such redemption or repurchase in accordance with Article III or Article XVI. Interest may, at the option Trustee of the Companyproposed payment pursuant to this clause, such manner of payment shall be paid deemed practicable by check mailed to the address of such person on the Note registry; provided that, with respect to any holder of Notes with anTrustee.

Date and Denomination of Notes; Payments of Interest. The Notes shall be issuable in registered form without coupons in denominations of $1,000 principal amount and integral multiples thereof. Every Note shall be dated the date of its authentication and shall bear interest from the applicable date in each case as specified on the face of the form of Note, Note attached as Exhibit A hereto. Accrued interest Interest on the Notes shall be payable semiannually computed on each May 1 and November 1, as set forth on such form the basis of Note, commencing November 1, 1998 and ending on May 1, 2005, unless redeemed, repurchased or converted earlier in accordance with the terms a 360-day year comprised of this Indenturetwelve (12) 30-day months. The person Person in whose name any Note (or its Predecessor Note) is registered on the Note Register at the close of business on any record date with respect to any interest payment date (including any Note that is converted after the record date and on or before the interest payment date) shall be entitled to receive the interest payable on such interest payment date, except (i) that the interest payable upon redemption (unless the date notwithstanding the cancellation of such Note upon any transfer, exchange or conversion subsequent to the record date and on or prior to such redemption is an interest payment date; provided that, ) will be payable to the Person to whom principal is payable and (ii) as set forth in the next succeeding sentence. In the case of any Note, Note (or portion thereof, called for redemption pursuant to Article III on a redemption date, or repurchased by the Company pursuant to Article XVI on a repurchase date, ) that is converted into Common Stock during the period from the close of business on the (but excluding) a record date to (but excluding) the close of business on the Business Day next preceding the following succeeding interest payment datedate either (x) if such Note (or portion thereof) has been called for redemption on a redemption date which occurs during such period, interest or is to be redeemed in connection with a Fundamental Change on a Repurchase Date (as defined in Section 3.05) that occurs during such period, the Company shall not be paid to the person in whose name the Note, or portion thereof, is registered on the close of business on such record date, and the Company shall have no obligation required to pay interest on such interest payment date in respect of any such Note (or portion thereof thereof) except to the extent required to be paid upon such redemption or repurchase in accordance with Article III or Article XVI. Interest may, at the option of the Company, be paid by check mailed to the address of such person Note or portion thereof pursuant to Section 3.03 or 3.05 hereof or (y) if such Note (or portion thereof) has not been called for redemption on the Note registry; provided that, with respect to any holder of Notes with ana redemption date that occurs during

Date and Denomination of Notes; Payments of Interest. The Notes shall be issuable in registered form without coupons in denominations of $1,000 principal amount and integral multiples thereof. Every Note shall be dated the date of its authentication and authentication, shall bear interest from the applicable date in each case as specified on the face of the form of Note, Note attached as Exhibit A hereto. Accrued interest shall be payable semiannually on each May 1 and November 1, as set forth on such form of Note, commencing November 1, 1998 and ending on May 1, 2005, unless redeemed, repurchased or converted earlier in accordance with the terms of this Indenture. The person in whose name any Note (or its Predecessor Note) is registered at the close of business on any record date with respect to any interest payment date (including any Note that is converted after the record date and on or before the interest payment date) shall be entitled to receive the interest payable on such interest payment date notwithstanding the cancellation of such Note upon any transfer, exchange or conversion subsequent to the record date and on or prior to such interest payment date; provided thatPROVIDED, that in the case of any Note, or portion thereof, called for redemption pursuant to Article III redeemed on a redemption date, date or repurchased by the Company pursuant to Article XVI in connection with a Repurchase Event on a repurchase date, during the period from the close of business on the Repurchase Date that is after a record date and prior to (but excluding) the close of business on the Business Day next preceding the following succeeding interest payment date, interest shall not be paid to the person in whose name the Note, or portion thereof, is registered on the close of business on such record date, date and the Company shall have no obligation to pay interest on such Note or such portion thereof except to the extent required to be paid upon such redemption or repurchase in accordance with Article III of such Note or Article XVIportion thereof, as the case may be, pursuant to Section 3.3 or 16.1 hereof. Interest may, at the option of the Company, be paid by check mailed to the address of such person on the Note registryregistry kept for such purposes; provided PROVIDED that, with respect to any holder of Notes with anan aggregate principal amount equal to or in excess of $5,000,000, at the request of such holder in writing to the Company (who shall then furnish written notice to such effect to the Trustee), interest on such holder's Notes shall be paid by wire transfer (the costs of such wire transfer to be borne by the Company) in immediately

Date and Denomination of Notes; Payments of Interest. The Notes shall be issuable in registered form without coupons in denominations of $1,000 principal amount and integral multiples thereof. Every Each Note shall be dated the date of its authentication and shall bear interest from the applicable date as specified on the face of the form Form of Note, Note attached as Exhibit A hereto. Accrued interest Interest on the Notes shall be payable semiannually computed on each May 1 and November 1, as set forth on such form the basis of Note, commencing November 1, 1998 and ending on May 1, 2005, unless redeemed, repurchased or converted earlier in accordance with the terms a 360-day year comprised of this Indenturetwelve 30-day months. The person Person in whose name any Note (or its Predecessor Note) is registered on the Note Register at the close of business on any record date Regular Record Date with respect to any interest payment date (including any Note that is converted after the record date and on or before the interest payment date) Interest Payment Date shall be entitled to receive the interest payable on such Interest Payment Date. Interest shall be payable at the office of the Paying Agent, which shall initially be the Corporate Trust Office of the Trustee as the Company’s Paying Agent and Note Registrar. The Company shall pay interest payment date notwithstanding on any Notes in certificated form (i) to the cancellation Person entitled thereto having an aggregate principal amount of $2,000,000 or less, by check mailed to such Person at the address set forth in the Note Register and (ii) to the Person entitled thereto having an aggregate principal amount of more than $2,000,000, either by check mailed to such Person or, upon application by such Person to the Note Registrar not later than the relevant Regular Record Date, by wire transfer in immediately available funds to such Person’s account within the United States, which application and wire transfer instructions shall remain in effect until such Person notifies, in writing, the Note Registrar to the contrary. Any Defaulted Interest shall forthwith cease to be payable to the Holder of such Note upon on the relevant Regular Record Date by virtue of its having been such Holder, and such Defaulted Interest shall be paid by the Company, at its election in each case, as provided in clause (1) or (2) below: (1) The Company may elect to make payment of any transfer, exchange or conversion subsequent Defaulted Interest to the record date and on Persons in whose names the Notes (or prior to such interest payment date; provided that, in the case of any Note, or portion thereof, called for redemption pursuant to Article III on a redemption date, or repurchased by the Company pursuant to Article XVI on a repurchase date, during the period from their respective Predecessor Notes) are registered at the close of business on the a special record date for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date of the proposed payment (which shall be not less than 20 days after the receipt by the Trustee of such notice, unless the Trustee shall consent to an earlier date), and at the same time the Company shall deposit with the Trustee an amount of money equal to the close aggregate amount to be paid in respect of business such Defaulted Interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the Business Day next preceding date of the following interest proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such Defaulted Interest as in this clause provided. Thereupon the Company shall fix a special record date for the payment of such Defaulted Interest which shall be not more than fifteen days and not less than ten days prior to the date of the proposed payment, and not less than ten days after the receipt by the Trustee of the notice of the proposed payment. The Company shall promptly notify the Trustee in writing of such special record date and the Trustee, in the name and at the expense of the Company, shall cause notice of the proposed payment of such Defaulted Interest and the special record date therefor to be mailed, first-class postage prepaid, to each Holder at its address as it appears in the Note Register, not less than ten days prior to such special record date. Notice of the proposed payment of such Defaulted Interest and the special record date therefor having been so mailed, interest such Defaulted Interest shall not be paid to the person Persons in whose name names the Note, Notes (or portion thereof, is their respective Predecessor Notes) are registered on at the close of business on such special record datedate and shall no longer be payable pursuant to the following clause (2) of this Section 2.03. (2) The Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange or automated quotation system on which the Notes may be listed or designated for issuance, and upon such notice as may be required by such exchange or automated quotation system, if, after notice given by the Company shall have no obligation to pay interest on such Note or portion thereof except to the extent required to be paid upon such redemption or repurchase in accordance with Article III or Article XVI. Interest may, at the option Trustee of the Companyproposed payment pursuant to this clause, such manner of payment shall be paid deemed practicable by check mailed the Trustee. If the Company makes a distribution of property to holders of Common Stock that would be taxable to them as a dividend for United States federal income tax purposes and the address Conversion Rate is increased, the Company may offset any withholding tax applicable to non-United States Holders against cash payments of such person interest payable on the Note registry; provided that, with respect to any holder of Notes with anNotes.

Date and Denomination of Notes; Payments of Interest. The Notes shall be issuable in registered form without coupons in denominations of $1,000 principal amount and integral multiples thereof. Every Note shall be dated the date of its authentication and shall bear interest from the applicable date in each case as specified on the face of the form of Note, Note attached as Exhibit A hereto. Accrued interest Interest on the Notes shall be payable semiannually computed on each May 1 and November 1, as set forth on such form the basis of Note, commencing November 1, 1998 and ending on May 1, 2005, unless redeemed, repurchased or converted earlier in accordance with the terms a 360- day year comprised of this Indenturetwelve (12) 30-day months. The person Person in whose name any Note (or its Predecessor Note) is registered on the Note register at the close of business on any record date with respect to any interest payment date (including any Note that is converted after the record date and on or before the interest payment date) shall be entitled to receive the interest payable on such interest payment date, except (i) that the interest payable upon redemption (unless the date notwithstanding the cancellation of such Note upon any transfer, exchange or conversion subsequent to the record date and on or prior to such redemption is an interest payment date; provided that, ) will be payable to the Person to whom principal is payable and (ii) as set forth in the next succeeding sentence. In the case of any Note, Note (or portion thereof, called for redemption pursuant to Article III on a redemption date, or repurchased by the Company pursuant to Article XVI on a repurchase date, ) that is converted into Common Stock during the period from the close of business on the (but excluding) a record date to (but excluding) the close of business on the Business Day next preceding the following succeeding interest payment datedate either (x) if such Note (or portion thereof) has been called for redemption on a redemption date which occurs during such period, interest or is to be redeemed in connection with a Fundamental Change on a Repurchase Date (as defined in Section 3.05) that occurs during such period, the Company shall not be paid to the person in whose name the Note, or portion thereof, is registered on the close of business on such record date, and the Company shall have no obligation required to pay interest on such interest payment date in respect of any such Note (or portion thereof thereof) except to the extent required to be paid upon such redemption or repurchase in accordance with Article III or Article XVI. Interest may, at the option of the Company, be paid by check mailed to the address of such person Note or portion thereof pursuant to Section 3.03 or 3.05 hereof or (y) if such Note (or portion thereof) has not been called for redemption on the Note registry; provided that, a redemption date that occurs during such period and is not to be redeemed in connection with respect to any holder of Notes with ana Fundamental Change on a Repurchase Date that occurs during

Date and Denomination of Notes; Payments of Interest. The Notes shall be issuable in registered form without coupons in denominations of $1,000 principal amount and integral multiples thereof. Every Note shall be dated the date of its authentication and authentication, shall bear interest from the applicable date in each case as specified on the face of the form of Note, Note attached as Exhibit A hereto. Accrued interest shall be payable semiannually on each May 1 and November 1, as set forth on such form of Note, commencing November 1, 1998 and ending on May 1, 2005, unless redeemed, repurchased or converted earlier in accordance with the terms of this Indenture. The person in whose name any Note (or its Predecessor Note) is registered at the close of business on any record date with respect to any interest payment date (including any Note that is converted after the record date and on or before the interest payment date) shall be entitled to receive the interest payable on such interest payment date notwithstanding the cancellation of such Note upon any transfer, exchange or conversion subsequent to the record date and on or prior to such interest payment date; provided thatPROVIDED, that in the case of any Note, or portion thereof, called for redemption pursuant to Article III on a redemption date, date or repurchased by the Company pursuant to Article XVI in connection with a Repurchase Event on a repurchase date, during the period from the close of business on the Repurchase Date that is after a record date and prior to (but excluding) the close of business on the Business Day next preceding the following succeeding interest payment date, interest shall not be paid to the person in whose name the Note, or portion thereof, is registered on the close of business on such record date, date and the Company shall have no obligation to pay interest on such Note or such portion thereof except to the extent required to be paid upon such redemption or repurchase in accordance with Article III of such Note or Article XVIportion thereof, as the case may be, pursuant to Section 3.3 or 16.2 hereof. Interest may, at the option of the Company, be paid by check mailed to the address of such person on the Note registryregistry kept for such purposes; provided PROVIDED that, with respect to any holder of Notes with anan aggregate principal amount equal to or in excess of $5,000,000, at the request of such holder in writing to the Company (who shall then furnish written notice to such effect to the Trustee), interest on such holder's Notes shall be paid by wire transfer (the costs of such wire transfer to be borne by the Company) in immediately