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

Designation, Amount and Issuance of Notes. The Notes shall be designated as “11/8% Senior Subordinated Convertible Notes due 2034.” The Notes shall initially be issued in an aggregate principal amount of $690,000,000 (as increased by an amount equal to the aggregate principal amount of any additional Notes purchased by the Initial Purchasers pursuant to the exercise of their option to purchase additional Notes as set forth in the Purchase Agreement). Upon the execution of this Indenture, or from time to time thereafter, the Notes may be executed by the Company and delivered to the Trustee for authentication. The Company may, without the consent of Holders, issue additional Notes hereunder in the future on the same terms and conditions of the Notes issued hereunder, except for any differences in the issue price and interest accrued prior to the issue date of the additional Notes; provided that if any such additional Notes are not fungible with the Notes initially offered hereby for U.S. federal income tax purposes, such additional Notes will have a separate CUSIP number (such additional Notes, the “Additional Notes”). The Notes initially issued hereunder and any such Additional Notes shall rank equally and ratably and shall be treated as a single class for all purposes under this Indenture. The Company may not issue any Additional Notes if any Event of Default has occurred and is continuing with respect to the Notes.

Designation, Amount and Issuance of Notes. The Notes shall be designated as “11/817/8% Senior Subordinated Convertible Notes due 20342018.” The Notes shall initially be issued in an aggregate principal amount of $690,000,000 500,000,000, as provided in the Purchase Agreement (as increased by an amount equal including the Notes to the aggregate principal amount be issued upon exercise of any additional Notes purchased by the Initial Purchasers pursuant to the exercise of their Purchasers’ option to purchase additional Notes as set forth in Notes, which was exercised prior to the Purchase AgreementIssue Date). Upon the execution of this Indenture, or from time to time thereafter, the Notes may be executed by the Company and delivered to the Trustee for authentication. The Company may, without the consent of Holders, issue additional Notes hereunder in the future on the same terms and conditions of the Notes issued hereunder, except for any differences in the issue price and interest accrued prior to the issue date of the additional Notes; provided that if any such additional Notes are not fungible with the Notes initially offered hereby for U.S. federal income tax purposes, such additional Notes will have a separate CUSIP number (such additional Notes, the “Additional Notes”). The Notes initially issued hereunder and any such Additional Notes shall rank equally and ratably and shall be treated as a single class for all purposes under this Indenture. The Company may not issue any Additional Notes if any Event of Default has occurred and is continuing with respect to the Notes.

Designation, Amount and Issuance of Notes. The Notes shall be designated as “11/81 1/2% Senior Subordinated Convertible Notes due 20342019.” The Notes shall initially be issued in an aggregate principal amount of $690,000,000 265,200,000 (as increased by an amount equal to the aggregate principal amount of any additional Notes purchased by the Initial Purchasers pursuant to the exercise of their option to purchase additional Notes as set forth in the Purchase Agreement). Upon the execution of this Indenture, or from time to time thereafter, the Notes may be executed by the Company and delivered to the Trustee for authentication. The Company may, without the consent of Holders, issue additional Notes hereunder in the future on the same terms and conditions of the Notes issued hereunder, except for any differences in the issue price and interest accrued prior to the issue date of the additional Notes; provided that if any such additional Notes are not fungible with the Notes initially offered hereby for U.S. federal income tax purposes, such additional Notes will have a separate CUSIP number (such additional Notes, the “Additional Notes”). The Notes initially issued hereunder and any such Additional Notes shall rank equally and ratably and shall be treated as a single class for all purposes under this Indenture. The Company may not issue any Additional Notes if any Event of Default has occurred and is continuing with respect to the Notes.

Designation, Amount and Issuance of Notes. The Notes shall be designated as “11/81 3/4% Senior Subordinated Convertible Notes due 20342017.” The Notes shall initially be issued in an aggregate principal amount of $690,000,000 (300,000,000, as increased by an amount equal to the aggregate principal amount of any additional Notes purchased by the Initial Purchasers pursuant to the exercise of their option to purchase additional Notes as set forth provided in the Purchase Agreement). Upon the execution of this Indenture, or from time to time thereafter, the Notes may be executed by the Company and delivered to the Trustee for authentication. The Company may, without the consent of Holders, issue additional Notes hereunder in the future on the same terms and conditions of the Notes issued hereunder, except for any differences in the issue price and interest accrued prior to the issue date of the additional Notes; provided that if any such additional Notes are not fungible with the Notes initially offered hereby for U.S. federal income tax purposes, such additional Notes will have a separate CUSIP number (such additional Notes, the “Additional Notes”). The Notes initially issued hereunder and any such Additional Notes shall rank equally and ratably and shall be treated as a single class for all purposes under this Indenture. The Company may not issue any Additional Notes if any Event of Default has occurred and is continuing with respect to the Notes.