Common use of Designation, Amount and Issuance of Notes Clause in Contracts

Designation, Amount and Issuance of Notes. (a) The Notes will be designated as “7.50% Senior Secured Convertible Notes due 2021.” The initial aggregate principal amount of Notes to be issued, authenticated and delivered on the Issue Date under this Indenture is sixty-two million six hundred eighty-six thousand dollars ($62,686,000). From time to time, the Company may issue and execute, and the Trustee may authenticate, Notes delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 2.09, 2.11, 2.12 and 10.02 hereof, or delivered upon any redemption or repurchase of Notes and representing the un-redeemed or un-repurchased portion thereof. In addition, the Company may issue an unlimited aggregate principal amount of additional Notes (“Additional Notes”) in accordance with clause (b) of this Section 2.01, so long as the incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Sections 4.13 and 4.16. (b) Without the consent of any Holder, and notwithstanding anything to the contrary in Sections 2.01(a) or 2.05 hereof, the Company may increase the aggregate principal amount of the Notes issued under this Indenture by issuing Additional Notes, so long as the incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Sections 4.13 and 4.16, with the same terms as the initial Notes (except, the issue price, the issue date, and, to the extent applicable the first Interest Payment Date, and as to the Last Original Issue Date with respect to such Additional Notes as provided in the proviso to the definition thereof), which Notes will, subject to the foregoing, be considered to be part of the same series of Notes as those initially issued hereunder; provided, however, that if any such Additional Notes are not fungible with other Notes issued hereunder for federal income tax purposes, then such Additional Notes shall have a separate CUSIP number or numbers. Prior to issuing any such Additional Notes, the Company will deliver to the Trustee a Company Order, an Officers’ Certificate and an Opinion of Counsel, which Officers’ Certificate and Opinion of Counsel will (i) confirm that the incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.13 and 4.16 and (ii) address any matters required to be addressed under Section 15.04 hereof.

Designation, Amount and Issuance of Notes. (a) The Notes will be designated as “7.508.00% Senior Secured Second Lien Convertible Notes due 2021Notes.” The initial aggregate principal amount of Notes to be issued, authenticated and delivered on the Issue Date under this Indenture is sixtyninety-two nine million six eight hundred eightyninety-six eight thousand dollars ($62,686,00099,898,000). From time to time, the Company may issue and execute, and the Trustee may authenticate, Notes delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 2.09, 2.11, 2.12 2.12, 3.06 and 10.02 hereof, or delivered upon any redemption or repurchase of Notes and representing the un-redeemed or un-repurchased portion thereof. In addition, the Company may issue an unlimited aggregate principal amount of additional Notes (“Additional Notes”) in accordance with clause (b) of this Section 2.01, so long as the incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Sections 4.13 4.14 and 4.164.17. (b) Without the consent of any Holder, and notwithstanding anything to the contrary in Sections 2.01(a) or 2.05 hereof, the Company may increase the aggregate principal amount of the Notes issued under this Indenture by reopening this Indenture and issuing Additional Notes, so long as the incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Sections 4.13 4.14 and 4.164.17, with the same terms as the initial Notes (except, the issue price, the issue date, and, to the extent applicable applicable, with respect to the first Interest Payment Date, date as of which interest shall begin to accrue on such Additional Notes and as to the Last Original Issue Date with respect to such Additional Notes as provided in the proviso to the definition thereof), which Notes will, subject to the foregoing, be considered to be part of the same series of Notes as those initially issued hereunder; provided, however, that if any such Additional Notes are not fungible with other Notes issued hereunder for federal income tax purposes, then such Additional Notes shall have a separate CUSIP number or numbersnumber. Prior to issuing any such Additional Notes, the Company will deliver to the Trustee a Company Order, an Officers’ Certificate and an Opinion of Counsel, which Officers’ Certificate and Opinion of Counsel will (i) confirm that the incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.13 and 4.16 and (ii) address any matters required to be addressed under Section 15.04 hereof.

Designation, Amount and Issuance of Notes. (a) The Notes will be designated as “7.504.500% Convertible Senior Secured Convertible Notes due 20212024.” The initial aggregate principal amount of Notes to be issued, authenticated and delivered on the Issue Date under this Indenture is sixty-two million six hundred eighty-six thousand dollars ($62,686,000)80,000,000. From time to time, the Company may issue and execute, and the Trustee may authenticate, Notes delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 2.09, 2.11, 2.12 2.12, 3.06 and 10.02 hereof, or delivered upon any redemption or repurchase of Notes and representing the un-redeemed or un-repurchased portion thereof. In addition, the Company may issue an unlimited aggregate principal amount of additional Notes (“Additional Notes”) in accordance with clause (b) of this Section 2.01, so long as the incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Sections 4.13 and 4.16. (b) Without the consent of any Holder, and notwithstanding anything to the contrary in Sections 2.01(a) or 2.05 hereof, the Company may increase the aggregate principal amount of the Notes issued under this Indenture by reopening this Indenture and issuing Additional Notes, so long as the incurrence of the Indebtedness represented by such Additional additional Notes is at such time permitted by Sections 4.13 and 4.16, with the same terms as the initial Notes (except, to the extent applicable, with respect to the issue price, the issue date, and, date as of which interest shall begin to the extent applicable the first Interest Payment Date, accrue on such additional Notes and as to the Last Original Issue Date with respect to such Additional additional Notes as provided in the proviso to the definition thereof), which Notes will, subject to the foregoing, be considered to be part of the same series of Notes as those initially issued hereunder; provided, however, that if any such Additional additional Notes are not fungible with other Notes issued hereunder for federal income tax purposes, then such Additional additional Notes shall have a separate CUSIP number or numbersnumber. Prior to issuing any such Additional additional Notes, the Company will deliver to the Trustee a Company Order, an Officers’ Certificate and an Opinion of Counsel, which Officers’ Certificate and Opinion of Counsel will (i) confirm that the incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.13 and 4.16 and (ii) address any matters required to be addressed under Section 15.04 12.04 hereof.

Designation, Amount and Issuance of Notes. (a) The Notes will be designated as “7.50% Senior Secured Convertible Notes due 20212024.” The initial aggregate principal amount of Notes to be issued, authenticated and delivered on the Issue Date under this Indenture is sixtytwenty-two eight million six seven hundred eighty-six fifty thousand dollars ($62,686,00028,750,000). From time to time, the Company may issue and execute, and the Trustee may authenticate, Notes delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 2.09‎2.09, 2.11‎2.11, 2.12 ‎2.12 and 10.02 ‎10.02 hereof, or delivered upon any redemption or repurchase of Notes and representing the un-redeemed or un-repurchased portion thereof. In addition, the Company may issue an unlimited aggregate principal amount of additional Notes (“Additional Notes”) in accordance with clause (b) of this Section 2.01, so long as the incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Sections 4.13 ‎4.13 and 4.16‎4.16. (b) Without the consent of any Holder, and notwithstanding anything to the contrary in Sections 2.01(a) or 2.05 hereof, the Company may increase the aggregate principal amount of the Notes issued under this Indenture by issuing Additional Notes, so long as the incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Sections 4.13 and 4.16, with the same terms as the initial Notes (except, the issue price, the issue date, and, to the extent applicable the first Interest Payment Date, and as to the Last Original Issue Date with respect to such Additional Notes as provided in the proviso to the definition thereof), which Notes will, subject to the foregoing, be considered to be part of the same series of Notes as those initially issued hereunder; provided, however, that if any such Additional Notes are not fungible with other Notes issued hereunder for United States securities laws and federal income tax purposes, then such Additional Notes shall have a separate CUSIP number or numbers. Prior to issuing any such Additional Notes, the Company will deliver to the Trustee a Company Order, an Officers’ Certificate and an Opinion of Counsel, which Officers’ Certificate and Opinion of Counsel will (i) confirm that the incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.13 and 4.16 and (ii) address any matters required to be addressed under Section ‎Section 15.04 hereof.. Section 2.02.Form of Notes. ‌ ​ ​

Designation, Amount and Issuance of Notes. (a) The Notes will be designated as “7.505.00% Convertible Senior Secured Convertible Notes due 20212022.” The initial aggregate principal amount of Notes to be issued, authenticated and delivered on the Issue Date under this Indenture is sixty-two million six hundred eighty-six thousand dollars ($62,686,000)92,000,000. From time to time, the Company may issue and execute, and the Trustee may authenticate, Notes delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 2.09‎2.09, 2.11‎2.11, 2.12 ‎2.12, ‎3.06 and 10.02 ‎10.02 hereof, or delivered upon any redemption or repurchase of Notes and representing the un-redeemed or un-repurchased portion thereof. In addition, the Company may issue an unlimited aggregate principal amount of additional Notes (“Additional Notes”) in accordance with clause (b) of this Section ‎Section 2.01, so long as the incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Sections 4.13 and 4.16. (b) Without the consent of any Holder, and notwithstanding anything to the contrary in Sections 2.01(a‎2.01(a) or 2.05 ‎2.05 hereof, the Company may increase the aggregate principal amount of the Notes issued under this Indenture by reopening this Indenture and issuing Additional Notes, so long as the incurrence of the Indebtedness represented by such Additional additional Notes is at such time permitted by Sections 4.13 and 4.16, with the same terms as the initial Notes (except, to the extent applicable, with respect to the issue price, the issue date, and, date as of which interest shall begin to the extent applicable the first Interest Payment Date, accrue on such additional Notes and as to the Last Original Issue Date with respect to of such Additional additional Notes as provided in the proviso to the definition thereof), and with the same or different CUSIP numbers, which Notes will, subject to the foregoing, be considered to be part of the same series of Notes as those initially issued hereunder; provided, however, that if any such Additional additional Notes are not fungible with other Notes issued hereunder for federal income tax purposes, then such Additional additional Notes shall have a separate CUSIP number or numbersnumber. Prior to issuing any such Additional additional Notes, the Company will deliver to the Trustee a Company Order, an Officers’ Certificate and an Opinion of Counsel, which Officers’ Certificate and Opinion of Counsel will (i) confirm that the incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.13 and 4.16 and (ii) address any matters required to be addressed under Section 15.04 Sections 12.02 and ‎12.03 hereof.