Common use of Deletion of Certain Provisions Clause in Contracts

Deletion of Certain Provisions. The Indenture is hereby amended to delete the following sections or clauses, as applicable, in their entirety, and, in the case of each such section or clause, as applicable, insert in lieu thereof the phrase “[Intentionally Omitted]”, and any and all references thereto (including any definitions the references to which would be eliminated as a result of such deletions), and any and all obligations thereunder, and any events of default related thereto, are hereby deleted throughout the Indenture, and such sections, clauses, and references shall be of no further force or effect. (a) Section 3.2 entitled “Limitation on Indebtedness.” (b) Section 3.3 entitled “Limitation on Restricted Payments.” (c) Section 3.4 entitled “Limitation on Restrictions on Distributions from Restricted Subsidiaries.” (d) Section 3.5 entitled “Limitation on Sales of Assets and Subsidiary Stock.” (e) Section 3.6 entitled “Limitation on Liens.” (f) Section 3.7 entitled “Limitation on Guarantees.” (g) Section 3.8 entitled “Limitation on Affiliate Transactions.” (h) Section 3.9 entitled “Change of Control.” (i) Section 3.10 entitled “Reports,” other than the last sentence of Section 3.10(e). (j) Section 3.12 entitled “Corporate Existence.” (k) Section 3.15 entitled “Designation of Restricted and Unrestricted Subsidiaries.” (l) Section 3.16 entitled “Suspension of Covenants on Achievement of Investment Grade Status.” (m) Section 4.1 entitled “Merger and Consolidation,” other than Section 4.1(f). (n) Clauses (3) - (8) of Section 6.1 entitled “Events of Default.”

Deletion of Certain Provisions. The Pursuant to the terms of the Offer to Purchase and Letter of Transmittal, the Indenture is hereby amended to delete the following sections or clausessections, as applicable, subsections and Articles in their entirety, entirety and, in the case of each such section or clausesection, as applicablesubsection and Article, insert in lieu thereof the phrase “[Intentionally Omitted]”, and any and all references thereto (including any definitions the references to which would be eliminated as a result of such deletions)thereto, and any and all obligations thereunder, thereunder and any events of default related thereto, thereto are hereby deleted throughout the Indenture, and such sections, clausessubsections, Articles and references shall be of no further force or effect.: (a) Section 3.2 entitled “Limitation on Indebtedness.SEC Reports”; (b) Section 3.3 entitled “Limitation on Restricted Payments.Indebtedness”; (c) Section 3.4 entitled “Limitation on Restrictions on Distributions from Restricted Subsidiaries.Payments”; (d) Section 3.5 entitled “Limitation on Sales of Assets and Subsidiary Stock.Liens”; (e) Section 3.6 entitled “Limitation on Liens.Restrictions on Distributions from Restricted Subsidiaries”; (f) Section 3.7 entitled “Limitation on Guarantees.” (g) Section 3.8 entitled “Limitation on Affiliate Transactions.”; (g) Section 3.10 entitled “Limitation on Sale of Capital Stock of Restricted Subsidiaries”; (h) Section 3.9 3.11 entitled “Change of Control.Excess Cash Flow”; (i) Section 3.10 3.12 entitled “Reports,” other than the last sentence of Section 3.10(e).Limitation on Sale/Leaseback Transactions”; (j) Section 3.12 3.13 entitled “Corporate Existence.Future Subsidiary Guarantors”; (k) Section 3.15 3.14 entitled “Designation Limitations on Lines of Restricted and Unrestricted Subsidiaries.Business”; (l) Section 3.16 3.15 entitled “Suspension Maintenance of Covenants on Achievement of Investment Grade Status.Office or Agency”; (m) Section 4.1 3.16 entitled “Merger and Consolidation,” other than Section 4.1(f).Corporate Existence”; (n) Clauses Section 3.17 entitled “Payment of Taxes and Other Claims”; (o) Section 3.18 entitled “Payments for Consents”; (p) Section 3.20 entitled “Further Instruments and Acts”; and (q) Section 3.21 entitled “Statement by Officers as to Default”; (r) Article IV entitled “Successor Company”; and (s) subsections (3), (4), (5), (6), (8), and (9) - (8) of Section 6.1 entitled “Events of Default”.”

Deletion of Certain Provisions. The Pursuant to the terms of the Offer to Purchase and Letter of Transmittal, the Indenture is hereby amended to delete the following sections or clausessections, as applicable, subsections and Articles in their entirety, entirety and, in the case of each such section or clausesection, as applicablesubsection and Article, insert in lieu thereof the phrase “["Intentionally Omitted]”", and any and all references thereto (including any definitions the references to which would be eliminated as a result of such deletions)thereto, and any and all obligations thereunder, thereunder and any events of default related thereto, thereto are hereby deleted throughout the Indenture, and such sections, clausessubsections, Articles and references shall be of no further force or effect.: (a) Section 3.2 entitled “Limitation on Indebtedness.”"SEC Reports"; (b) Section 3.3 entitled “"Limitation on Restricted Payments.”Indebtedness"; (c) Section 3.4 entitled “"Limitation on Restricted Payments"; (d) Section 3.5 entitled "Limitation on Liens"; (e) Section 3.6 entitled "Limitation on Restrictions on Distributions from Restricted Subsidiaries.” (d) Section 3.5 entitled “Limitation on Sales of Assets and Subsidiary Stock.” (e) Section 3.6 entitled “Limitation on Liens.”"; (f) Section 3.7 3.8 entitled “"Limitation on Guarantees.”Affiliate Transactions"; (g) Section 3.8 3.10 entitled “"Limitation on Affiliate Transactions.”Sale of Capital Stock of Restricted Subsidiaries"; (h) Section 3.9 3.11 entitled “Change of Control.”"Excess Cash Flow"; (i) Section 3.10 3.12 entitled “Reports,” other than the last sentence of Section 3.10(e)."Limitation on Sale/Leaseback Transactions"; (j) Section 3.12 3.13 entitled “Corporate Existence.” (k) Section 3.15 entitled “Designation of Restricted and Unrestricted Subsidiaries.” (l) Section 3.16 entitled “Suspension of Covenants on Achievement of Investment Grade Status.” (m) Section 4.1 entitled “Merger and Consolidation,” other than Section 4.1(f). (n) Clauses (3) - (8) of Section 6.1 entitled “Events of Default.”"Future Subsidiary Guarantors";

Deletion of Certain Provisions. The Indenture is hereby amended to delete the following sections or clauses, as applicable, in their entirety, and, in the case of each such section or clause, as applicable, insert in lieu thereof the phrase “[Intentionally Omitted]”, and any and all references thereto (including any definitions the references to which would be eliminated as a result of such deletions), and any and all obligations thereunder, and any events of default related thereto, are hereby deleted throughout the Indenture, and such sections, clauses, and references shall be of no further force or effect. (a) Section 3.2 4.03 entitled “Limitation on IndebtednessReports” other than the last two sentences of Section 4.03(f).” (b) Section 3.3 4.04 entitled “Limitation on Restricted PaymentsCompliance Certificate” other than Section 4.04(b).” (c) Section 3.4 4.06 entitled “Limitation on Restrictions on Distributions from Restricted SubsidiariesStay, Extension and Usury Laws.” (d) Section 3.5 4.07 entitled “Limitation on Sales of Assets and Subsidiary StockRestricted Payments.” (e) Section 3.6 4.08 entitled “Limitation on LiensDividend and Other Payment Restrictions Affecting Subsidiaries.” (f) Section 3.7 4.09 entitled “Limitation on GuaranteesIncurrence of Indebtedness and Issuance of Disqualified Stock and Preferred Stock.” (g) Section 3.8 4.10 entitled “Limitation on Affiliate TransactionsAsset Sales.” (h) Section 3.9 4.12 entitled “Change of ControlTransactions with Affiliates.” (i) Section 3.10 4.13 entitled “Reports,” other than the last sentence of Section 3.10(e)Liens.” (j) Section 3.12 4.15 entitled “Corporate Existence.” (k) Section 3.15 4.16 entitled “Offer to Repurchase Upon Change of Control.” (l) Section 4.17 entitled “Additional Guarantors.” (m) Section 4.18 entitled “Designation of Restricted and Unrestricted Subsidiaries.” (ln) Section 3.16 4.23 entitled “Suspension of Changes in Covenants on Achievement of when the Notes are Rated Investment Grade StatusGrade.” (mo) Section 4.1 5.01 entitled “Merger and Merger, Consolidation,, Amalgamation or Sale of Assets” other than Section 4.1(f5.01(a)(2). (np) Clauses (3c) - (8) e) of Section 6.1 6.01 entitled “Events of Default.”

Deletion of Certain Provisions. The (a) Pursuant to the terms of the Offer and with the Consents of Holders representing at least a majority in principal amount of the Notes then outstanding, the Subordinated Supplemental Indenture or the Base Indenture, as applicable, is hereby amended to delete the following sections or clauses, as applicable, in their entirety, entirety and, in the case of each such section or clause, as applicablesection, insert in lieu thereof the phrase “[Intentionally Omitted]”, ,” and any and all references thereto (including any definitions the references to which would be eliminated as a result of such deletions)sections, and any and all obligations thereunder, thereunder and any events default, event of default related thereto, or other consequence under the Indenture of failing to comply solely to the following sections are hereby deleted throughout the Indenture, and such sections, clauses, sections and references shall be of no further force or effect. . • Section 1.01(13)(a) of the Subordinated Supplemental Indenture (aAsset Dispositions) • Section 3.2 entitled “1.01(13)(b) of the Subordinated Supplemental Indenture (Change of Control); • Section 1.01(13)(c) of the Subordinated Supplemental Indenture (Limitation on Indebtedness.” Consolidated Debt); • Section 1.01(13)(d) of the Subordinated Supplemental Indenture (b) Section 3.3 entitled “Limitation on Restricted Payments.” ); • Section 1.01(13)(e) of the Subordinated Supplemental Indenture (cDividend and Other Payment Restrictions Affecting Subsidiaries); • Section 1.01(13)(f) Section 3.4 entitled “Limitation on Restrictions on Distributions from Restricted Subsidiaries.” of the Subordinated Supplemental Indenture (d) Section 3.5 entitled “Limitation on Sales of Assets and Subsidiary Stock.” (e) Section 3.6 entitled “Limitation on Liens.” ); • Section 1.01(13)(g) of the Subordinated Supplemental Indenture (fTransactions with Affiliates and Related Persons); • Section 1.01(13)(h) of the Subordinated Supplemental Indenture (No Senior Subordinated Debt); • Section 3.7 entitled “Limitation on Guarantees.” 1.01(13)(i) of the Subordinated Supplemental Indenture (gProvision of Financial Information); • Section 1.01(13)(j) Section 3.8 entitled “Limitation on Affiliate Transactions.” (hsecond and third paragraphs only) Section 3.9 entitled “Change of Control.” the Subordinated Supplemental Indenture (i) Section 3.10 entitled “Reports,” other than the last sentence of Section 3.10(e). (j) Section 3.12 entitled “Corporate Existence.” (k) Section 3.15 entitled “Designation of Restricted and Unrestricted Subsidiaries.” ); • Section 5.1 (ld),(e),(f),(i) and (j) of the Base Indenture (Events of Default); and • Section 3.16 entitled “Suspension 1.01(15) of Covenants on Achievement the Subordinated Supplemental Indenture and Section 7.1 of Investment Grade Status.” the Base Indenture (m) Section 4.1 entitled “Consolidation, Merger and Consolidation,” other than Section 4.1(for Sale of Assets). (nb) Clauses (3) - (8) Pursuant to the terms of the Offer and with the Consents of Holders representing at least a majority in principal amount of the Notes then outstanding, the Base Indenture and the Subordinated Supplemental Indenture are hereby amended to change the notice of redemption requirement of Section 6.1 entitled 11.4 and Section 1.01(6), respectively, from “Events of Defaultnot less than 30 days” to “not less than 3 days.”

Deletion of Certain Provisions. The Pursuant to the terms of the Statement and Consent and Letter of Transmittal, the Indenture is hereby amended to delete the following sections or clauses, as applicable, and subsections in their entirety, entirety and, in the case of each such section or clause, as applicablesubsection, insert in lieu thereof the phrase “[Intentionally Omitted]”, and any and all references thereto (including any definitions the references to which would be eliminated as a result of such deletions)thereto, and any and all obligations thereunder, thereunder and any events of default related thereto, thereto are hereby deleted throughout the Indenture, and such sections, clauses, subsections and references shall be of no further force or effect.: (a1) Subsection (b) of Section 4.4 entitled “Compliance Certificate”; (2) Section 3.2 4.7 entitled “Limitation on Indebtedness.Incurrence of Additional Indebtedness and Disqualified Capital Stock”; (b3) Section 3.3 4.8 entitled “Limitation on Liens Securing Indebtedness”; (4) Section 4.9 entitled “Limitation on Restricted Payments.”; (c5) Section 3.4 4.10 entitled “Limitation on Dividends and Other Payment Restrictions on Distributions from Restricted Affecting Subsidiaries.”; (d6) Section 3.5 4.11 entitled “Limitation on Sales of Assets and Subsidiary Stock.Transactions with Affiliates”; (e7) Section 3.6 4.12 entitled “Limitation on Liens.Sale Of Assets And Subsidiary Stock”; (f8) Section 4.13 entitled “Repurchase of Notes At The Option Of The Holder upon a Change of Control”; (9) Section 3.7 4.14 entitled “Subsidiary Guarantors”; (10) Section 4.15 entitled “Limitation On Status As Investment Company”; (11) Section 4.16 entitled “Maintenance of Properties and Insurance”; (12) Section 4.18 entitled “Limitation on Guarantees.Layering Indebtedness”; (13) Subsections (2), (3) and (4) of Section 5.1 entitled “Merger, Consolidation or Sale of Assets”; and (14) Subsections (c), (d), (e), (f), (g) Section 3.8 entitled “Limitation on Affiliate Transactions.” and (h) Section 3.9 entitled “Change of Control.” (i) Section 3.10 entitled “Reports,” other than the last sentence of Section 3.10(e). (j) Section 3.12 entitled “Corporate Existence.” (k) Section 3.15 entitled “Designation of Restricted and Unrestricted Subsidiaries.” (l) Section 3.16 entitled “Suspension of Covenants on Achievement of Investment Grade Status.” (m) Section 4.1 entitled “Merger and Consolidation,” other than Section 4.1(f). (n) Clauses (3) - (8) of Section 6.1 entitled “Events of Default”.”