Common use of Designation and Terms of Notes Clause in Contracts

Designation and Terms of Notes. There is hereby created and designated a series of Securities under the Base Indenture: the title of the Notes shall be “9.125% Senior Notes due 2029.” The changes, modifications and supplements to the Base Indenture effected by this Fourth Supplemental Indenture shall be applicable only with respect to, and govern the terms of, the Notes and shall not apply to any other series of Securities that may be issued under the Base Indenture unless a supplemental indenture with respect to such other series of Securities specifically incorporates such changes, modifications and supplements. The aggregate principal amount of the Notes that initially may be authenticated and delivered under this Fourth Supplemental Indenture shall be limited to $60,000,000 (2,400,000 units, each unit representing $25), subject to increase as set forth in Section 2.07. The Notes shall mature on the Stated Maturity. Principal and interest on Global Notes shall be payable in the manner set forth in Section 3.01.

Designation and Terms of Notes. There is hereby created and designated a series of Securities under the Base Indenture: the title of the Notes shall be “9.1252.50% Convertible Senior Notes due 2029Due 2018.” The changes, modifications and supplements to the Base Indenture effected by this Fourth Supplemental Indenture shall be applicable only with respect to, and govern the terms of, the Notes and shall not apply to any other series of Securities that may be issued under the Base Indenture unless a supplemental indenture with respect to such other series of Securities specifically incorporates such changes, modifications and supplements. The aggregate principal amount of the Notes that initially may be authenticated and delivered under this Fourth Supplemental Indenture (the “Initial Notes”) shall be limited to $60,000,000 (2,400,000 units, each unit representing $25)155,250,000, subject to increase as set forth in Section 2.0710.02(d)2.07. The Notes shall mature on the Stated MaturitySeptember 15, 2018. Principal and interest (including Additional Interest, if any) on Global Notes shall be payable in the manner set forth in Section 3.01. The Notes shall be convertible as provided in Article 5.

Designation and Terms of Notes. There is hereby created and designated a series of Securities under the Base Indenture: the title of the Notes shall be “9.1254.625% Convertible Senior Notes due 2029Due 2018.” The changes, modifications and supplements to the Base Indenture effected by this Fourth Supplemental Indenture shall be applicable only with respect to, and govern the terms of, the Notes and shall not apply to any other series of Securities that may be issued under the Base Indenture unless a supplemental indenture with respect to such other series of Securities specifically incorporates such changes, modifications and supplements. The aggregate principal amount of the Notes that initially may be authenticated and delivered under this Fourth Supplemental Indenture (the “Initial Notes”) shall be limited to $60,000,000 (2,400,000 units, each unit representing $25)287,500,000, subject to increase as set forth in Section 2.072.06. The Notes shall mature on the Stated Maturity. Principal and interest (including Additional Interest, if any) on Global Notes shall be payable in the manner set forth in Section 3.01.. The Notes shall be convertible as provided in Article V.

Designation and Terms of Notes. There is hereby created and designated a series of Securities under the Base Indenture: the title of the Notes shall be “9.1252.50% Convertible Senior Notes due 2029Due 2017.” The changes, modifications and supplements to the Base Indenture effected by this Fourth Supplemental Indenture shall be applicable only with respect to, and govern the terms of, the Notes and shall not apply to any other series of Securities that may be issued under the Base Indenture unless a supplemental indenture with respect to such other series of Securities specifically incorporates such changes, modifications and supplements. The aggregate principal amount of the Notes that initially may be authenticated and delivered under this Fourth Supplemental Indenture (the “Initial Notes”) shall be limited to $60,000,000 (2,400,000 units, each unit representing $25)120,750,000, subject to increase as set forth in Section 2.07. The Notes shall mature on the Stated MaturityDecember 15, 2017. Principal and interest (including Additional Interest, if any) on Global Notes shall be payable in the manner set forth in Section 3.01. The Notes shall be convertible as provided in Article 5.

Designation and Terms of Notes. There is hereby created and designated a series of Securities under the Base Indenture: the title of the Notes shall be “9.1254.75% Convertible Senior Notes due 20292023.” The changes, modifications and supplements to the Base Indenture effected by this Fourth Supplemental Indenture shall be applicable only with respect to, and govern the terms of, the Notes and shall not apply to any other series of Securities that may be issued under the Base Indenture unless a supplemental indenture with respect to such other series of Securities specifically incorporates such changes, modifications and supplements. The aggregate principal amount of the Notes that initially may be authenticated and delivered under this Fourth Supplemental Indenture shall be limited to $60,000,000 225,000,000 (2,400,000 units, each unit representing or up to $25258,750,000 if the Underwriters exercise the Shoe Option), subject to increase as set forth in Section 2.072.06. The Notes shall mature on the Stated Maturity. Principal and interest on Global Notes shall be payable in the manner set forth in Section 3.01.. The Notes shall be convertible as provided in Article V.

Designation and Terms of Notes. There is hereby created and designated a series of Securities under the Base Indenture: the title of the Notes shall be “9.1257.00% Convertible Senior Notes due 20292023.” The changes, modifications and supplements to the Base Indenture effected by this Fourth First Supplemental Indenture shall be applicable only with respect to, and govern the terms of, the Notes and shall not apply to any other series of Securities that may be issued under the Base Indenture unless a supplemental indenture with respect to such other series of Securities specifically incorporates such changes, modifications and supplements. The aggregate principal amount of the Notes that initially may be authenticated and delivered under this Fourth First Supplemental Indenture shall be limited to $60,000,000 325,000,000 (2,400,000 units, each unit representing or up to $25373,750,000 if the Underwriters exercise the Shoe Option), subject to increase as set forth in Section 2.072.06. The Notes shall mature on the Stated Maturity. Principal and interest on Global Notes shall be payable in the manner set forth in Section 3.01.. The Notes shall be convertible as provided in Article V.

Designation and Terms of Notes. There is hereby created and designated a series of Securities under the Base Indenture: the title of the Notes shall be “9.1255.625% Convertible Senior Notes due 20292024.” The changes, modifications and supplements to the Base Indenture effected by this Fourth Third Supplemental Indenture shall be applicable only with respect to, and govern the terms of, the Notes and shall not apply to any other series of Securities that may be issued under the Base Indenture unless a supplemental indenture with respect to such other series of Securities specifically incorporates such changes, modifications and supplements. The aggregate principal amount of the Notes that initially may be authenticated and delivered under this Fourth Third Supplemental Indenture shall be limited to $60,000,000 200,000,000 (2,400,000 units, each unit representing or up to $25230,000,000 if the Underwriters exercise the Shoe Option), subject to increase as set forth in Section 2.072.06. The Notes shall mature on the Stated Maturity. Principal and interest on Global Notes shall be payable in the manner set forth in Section 3.01.. The Notes shall be convertible as provided in Article V.