Common use of Designation Amount and Issue of Debentures Clause in Contracts

Designation Amount and Issue of Debentures. Add On Debentures. The Debentures shall be designated as “6.25% Convertible Subordinated Debentures due 2026,” not to exceed the aggregate principal amount of $32,272,000 (except pursuant to this Section 2.01, Section 2.05, Section 2.06, Section 3.03, Section 3.05, Section 3.06 and Section 15.02 hereof or as otherwise expressly permitted herein) upon the execution of this Indenture by the Company and delivery to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Debentures to or upon the written order of the Company, signed by (a) its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”) and (b) its Treasurer or any Assistant Treasurer, its Controller or any Assistant Controller or its Secretary or any Assistant Secretary, without any further action by the Company hereunder. From time to time thereafter, Add On Debentures may be issued in an unlimited aggregate principal amount without the consent of any Holders upon execution by the Company and delivery to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Add On Debentures to or upon the written order of the Company executed in the same manner as described in the immediately preceding sentence. If any Add On Debentures are issued, the Debentures issued on the Issue Date and such Add On Debentures shall be treated as a single class for all purposes under this Indenture and shall vote together as one class on all matters with respect to the Debentures.

Designation Amount and Issue of Debentures. Add On Debentures. The Debentures shall be designated as “6.25"3.50% Convertible Senior Subordinated Debentures due 2026,” not to exceed the Due 2024". Initial Debentures in an aggregate principal amount of $32,272,000 (except pursuant to this Section 2.01, Section 2.05, Section 2.06, Section 3.03, Section 3.05, Section 3.06 and Section 15.02 hereof or as otherwise expressly permitted herein) 100,000,000 upon the execution of this Indenture shall be executed by the Company and delivery delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Initial Debentures to or upon the written order of the Company, signed by (a) its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “"Vice President”) and (b) its "), the Treasurer or any Assistant Treasurer, its Controller Treasurer or any Assistant Controller or its the Secretary or any Assistant Secretary, without any further action by the Company hereunder. From time to time thereafterThe Company may, Add On Debentures may be issued in an unlimited aggregate principal amount without during the consent 30-day period after the execution of any Holders upon execution by the Company this Indenture, execute and delivery deliver to the Trustee for authenticationauthentication Additional Debentures in an aggregate principal amount not to exceed $25,000,000, and the Trustee shall thereupon authenticate and deliver said Add On Additional Debentures to or upon the written order of the Company, without any further action by the Company executed in hereunder; provided however that the Company may issue Additional Debentures only if: (1) such Additional Debentures and Initial Debentures are treated as part of the same manner as described in the immediately preceding sentence. If any Add On Debentures are issued, the Debentures issued on the Issue Date and issue of debt instruments for purposes of U.S. federal income tax laws; (2) such Add On Additional Debentures shall have the same CUSIP number as the Initial Debentures; and (3) the Trustee receives an Officers' Certificate and an Opinion of Counsel to the effect that such issuance of Additional Debentures complies with the provisions of this Indenture, including each provision of this paragraph. All provisions of this Indenture shall be treated as a single class for all purposes construed and interpreted to permit the issuance of such Additional Debentures and to allow such Additional Debentures to become fungible and interchangeable with the Initial Debentures originally issued under this Indenture and shall vote together as one class on all matters with respect to the DebenturesIndenture.

Designation Amount and Issue of Debentures. Add On Debentures. The Debentures shall be designated as the “6.252.625% Convertible Subordinated Debentures due 2026,2035.” Debentures not to exceed the aggregate principal amount of $32,272,000 (except pursuant to this Section 2.01250,000,000, Section 2.05, Section 2.06, Section 3.03, Section 3.05, Section 3.06 and Section 15.02 hereof or as otherwise expressly permitted herein) upon the execution of this Indenture Indenture, or (except pursuant to Section 2.06, Section 2.07, Section 15.02 and Section 16.02) from time to time thereafter, may be executed by the Company and delivery delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Debentures to or upon the written order of the Company, signed by the Company’s (a) its Chairman of the Board, Chief Executive Officer, President President, Executive or Senior Vice President, Managing Director or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”) and (b) its Treasurer or any Assistant Treasurer, its Controller or any Assistant Controller Treasurer or its Secretary or any Assistant Secretary, without any further action by the Company hereunder. From time , provided, however, that said Debentures may not be executed, delivered or authenticated unless and until the Trustee shall have received an Officers’ Certificate stating that the Debentures are substantially in the form set forth in Exhibit A of the Indenture and an Opinion of Counsel substantially to time thereafterthe effect that the Indenture, Add On to the extent applicable, and Debentures have been duly authorized and, if executed and authenticated in accordance with the provisions of the Indenture and delivered to and duly paid for by the Purchasers thereof on the date of such opinion, would be entitled to the benefits of the Indenture and would be valid and binding obligations of the Company, enforceable against the Company in accordance with their respective terms, subject to bankruptcy, insolvency, reorganization, receivership, moratorium and other similar laws affecting creditors’ rights generally, general principles of equity, and such other matters as shall be specified therein; provided further that additional Debentures may be issued in an unlimited aggregate principal amount without so long as such Debentures are part of the consent same issue, within the meaning of any Holders upon execution by Treasury Regulations Sections 1.1275-1(f) and 1.1275-2(k)(2), as the Company and delivery to the Trustee for authentication, and the Debentures initially issued hereunder. The Trustee shall thereupon authenticate be fully protected in relying upon such Officers’ Certificate and deliver said Add On Debentures to or upon the written order Opinion of the Company executed in the same manner as described in the immediately preceding sentence. If any Add On Debentures are issued, the Debentures issued on the Issue Date and such Add On Debentures shall be treated as a single class for all purposes under this Indenture and shall vote together as one class on all matters with respect to the DebenturesCounsel.

Designation Amount and Issue of Debentures. Add On Debentures. The Debentures shall be designated as “6.255.50% Convertible Subordinated Exchangeable Senior Debentures due 2026,2029.” not to exceed the aggregate principal amount of $32,272,000 (except pursuant to this Section 2.01, Section 2.05, Section 2.06, Section 3.03, Section 3.05, Section 3.06 and Section 15.02 hereof or as otherwise expressly permitted herein) upon Upon the execution of this Indenture Indenture, and from time to time thereafter, Debentures may be executed by the Company Issuer and delivery delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Debentures to or upon the a written order of the CompanyIssuer, such order signed by (a) its Chairman two Officers or by an Officer and either an Assistant Treasurer of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”) and (b) its Treasurer General Partner or any Assistant Treasurer, its Controller or any Assistant Controller or its Secretary or any Assistant Secretaryof the General Partner, without any further action by the Company Issuer hereunder. From time to time thereafter, Add On Debentures may be issued in an unlimited The aggregate principal amount of Debentures which may be authenticated and delivered under this Indenture is unlimited; provided that upon initial issuance (including any issuance upon exercise of the Initial Purchasers’ option set forth in Section 2(b) of the Purchase Agreement), the aggregate principal amount of Debentures outstanding shall not exceed $266,400,000, except as provided in Section 2.06. The Issuer may, without the consent of the Holders of Debentures, issue additional Debentures (the “Additional Debentures”) from time to time in the future with the same terms and the same CUSIP number as the Debentures originally issued under this Indenture (the “Initial Debentures”) in an unlimited principal amount, provided that such Additional Debentures must be part of the same issue as and fungible with the Initial Debentures for United States federal income tax purposes. The Initial Debentures and any Holders upon execution by the Company and delivery to the Trustee for authenticationsuch Additional Debentures will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Trustee shall thereupon authenticate and deliver said Add On Holders of Debentures to vote or upon the written order of the Company executed in the same manner as described in the immediately preceding sentence. If take any Add On Debentures are issuedaction, the Holders of Initial Debentures issued on and the Issue Date and Holders of any such Add On Additional Debentures shall be treated will vote or take that action as a single class for all purposes under this Indenture and shall vote together as one class on all matters with respect to the Debenturesclass.

Designation Amount and Issue of Debentures. Add On Debentures. The Debentures shall be designated as “6.25"___% Convertible Senior Subordinated Debentures due 2026,” not to exceed the Due 20__". Initial Debentures in an aggregate principal amount of $32,272,000 (except pursuant to this Section 2.01, Section 2.05, Section 2.06, Section 3.03, Section 3.05, Section 3.06 and Section 15.02 hereof or as otherwise expressly permitted herein) ____________ upon the execution of this Indenture shall be executed by the Company and delivery delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Initial Debentures to or upon the written order of the Company, signed by (a) its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “"Vice President”) and (b) its "), the Treasurer or any Assistant Treasurer, its Controller Treasurer or any Assistant Controller or its the Secretary or any Assistant Secretary, without any further action by the Company hereunder. From time to time thereafterThe Company may, Add On Debentures may be issued in an unlimited aggregate principal amount without during the consent 30-day period after the execution of any Holders upon execution by the Company this Indenture, execute and delivery deliver to the Trustee for authenticationauthentication Additional Debentures in an aggregate principal amount not to exceed $___________, and the Trustee shall thereupon authenticate and deliver said Add On Additional Debentures to or upon the written order of the Company, without any further action by the Company executed in hereunder; provided however that the Company may issue Additional Debentures only if: (1) such Additional Debentures and Initial Debentures are treated as part of the same manner as described in the immediately preceding sentence. If any Add On Debentures are issued, the Debentures issued on the Issue Date and issue of debt instruments for purposes of U.S. federal income tax laws; (2) such Add On Additional Debentures shall have the same CUSIP number as the Initial Debentures; and (3) the Trustee receives an Officers' Certificate and an Opinion of Counsel to the effect that such issuance of Additional Debentures complies with the provisions of this Indenture, including each provision of this paragraph. All provisions of this Indenture shall be treated as a single class for all purposes construed and interpreted to permit the issuance of such Additional Debentures and to allow such Additional Debentures to become fungible and interchangeable with the Initial Debentures originally issued under this Indenture and shall vote together as one class on all matters with respect to the DebenturesIndenture.

Designation Amount and Issue of Debentures. Add On Debentures. The Debentures shall be designated as “6.254.00% Convertible Subordinated Debentures due 2026,2031.” not to exceed the The aggregate principal amount of Debentures initially issued under this Indenture shall not exceed $32,272,000 253,000,000 (except pursuant to this Section 2.01, Section 2.05, Section 2.06, Section 3.03, Section 3.05, Section 3.06 and Section 15.02 hereof or as otherwise expressly permitted herein) upon ). The Company may, without the execution consent of the Holders, issue additional Debentures with the same terms and with the same CUSIP number as the Debentures initially issued under this Indenture in an unlimited aggregate principal amount; provided, however that no such additional Debentures may be issued unless such additional Debentures are fungible with the Debentures initially issued under this Indenture for U.S. federal income tax purposes (as determined by the Company); and provided, further, that such additional Debentures have the same CUSIP number as the Debentures initially issued under this Indenture. Such additional Debentures shall have identical terms to the Debentures initially issued under this Indenture except for issuance dates and prices and with respect to interest accruing prior to their date of issuance, and will constitute the same series as the Debentures initially issued under this Indenture for all purposes hereunder, including, without limitation, waivers, amendments and offers to repurchase. Debentures may be executed by the Company and delivery delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Debentures to or upon the written order of the Company, signed by (a) its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”) and (b) its Treasurer or any Assistant Treasurer, its Controller or any Assistant Controller or its Secretary or any Assistant Secretary, without any further action by the Company hereunder. From time to time thereafter, Add On Debentures may be issued in an unlimited aggregate principal amount without the consent of any Holders upon execution by the Company and delivery to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Add On Debentures to or upon the written order of the Company executed in the same manner as described in the immediately preceding sentence. If any Add On Debentures are issued, the Debentures issued on the Issue Date and such Add On Debentures shall be treated as a single class for all purposes under this Indenture and shall vote together as one class on all matters with respect to the Debentures.

Designation Amount and Issue of Debentures. Add On Debentures. The Debentures shall be designated as “6.254.125% Convertible Subordinated Exchangeable Senior Debentures due 2026,.” not to exceed the aggregate principal amount of $32,272,000 (except pursuant to this Section 2.01, Section 2.05, Section 2.06, Section 3.03, Section 3.05, Section 3.06 and Section 15.02 hereof or as otherwise expressly permitted herein) upon Upon the execution of this Indenture Indenture, and from time to time thereafter, Debentures may be executed by the Company Issuer and delivery delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Debentures to or upon the a written order of the CompanyIssuer, such order signed by (a) its Chairman two Officers or by an Officer and either an Assistant Treasurer of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”) and (b) its Treasurer General Partner or any Assistant Treasurer, its Controller or any Assistant Controller or its Secretary or any Assistant Secretaryof the General Partner, without any further action by the Company Issuer hereunder. From time to time thereafter, Add On Debentures may be issued in an unlimited The aggregate principal amount of Debentures which may be authenticated and delivered under this Indenture is unlimited; provided that upon initial issuance (including any issuance upon exercise of the Initial Purchasers’ option set forth in Section 2(b) of the Purchase Agreement), the aggregate principal amount of Debentures outstanding shall not exceed $172,500,000, except as provided in Section 2.06. The Issuer may, without the consent of the Holders of Debentures, issue additional Debentures (the “Additional Debentures”) from time to time in the future with the same terms and the same CUSIP number as the Debentures originally issued under this Indenture (the “Initial Debentures”) in an unlimited principal amount, provided that such Additional Debentures must be part of the same issue as and fungible with the Initial Debentures for United States federal income tax purposes. The Initial Debentures and any Holders upon execution by the Company and delivery to the Trustee for authenticationsuch Additional Debentures will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Trustee shall thereupon authenticate and deliver said Add On Holders of Debentures to vote or upon the written order of the Company executed in the same manner as described in the immediately preceding sentence. If take any Add On Debentures are issuedaction, the Holders of Initial Debentures issued on and the Issue Date and Holders of any such Add On Additional Debentures shall be treated will vote or take that action as a single class for all purposes under this Indenture and shall vote together as one class on all matters with respect to the Debenturesclass.