Common use of Designation, Form and Dating Clause in Contracts

Designation, Form and Dating. The Indebtedness evidenced by the Notes and otherwise arising under this Indenture is hereby designated as "Senior Indebtedness" (i) for all purposes of the provisions evidencing subordination contained in agreements that provide that the Indebtedness of the Issuer issued pursuant to such agreements is subordinate to Indebtedness designated as senior indebtedness, and (ii) for the purposes of any future Indebtedness of the Issuer which the Issuer expressly makes subordinate to senior indebtedness. The Notes and the Trustee's certificate of authentication shall be substantially in the form of Exhibit A or Exhibit B, as applicable, attached hereto, the terms of which are incorporated in and made a part of this Indenture. Each Note shall include the Subsidiary Guaranty in the form of Exhibit E attached hereto, executed by each of the Subsidiary Guarantors existing on the date of issuance of such Note, the terms of which are incorporated in and made a part of this Indenture. The Notes may have notations, legends or endorsements required by law, stock exchange rule, agreements to which the Issuer is subject or usage (provided that any such notation, legend, or endorsement is in a form acceptable to the Issuer). Each Note shall be dated the date of its authentication. The Notes shall be issued in denominations of $1,000 and integral multiples thereof. Initially the Notes will be issued in definitive form (the "Definitive Notes") substantially in the form of Exhibit A attached hereto. As set forth in Section 2.6 below, the Definitive Notes may be exchanged for Definitive Notes and/or a beneficial interest in a Note issued in global form (the "Global Note"), substantially in the form of Exhibit B attached hereto, and a beneficial interest in a Global Note may be exchanged for Definitive Notes. The Global Note shall represent the aggregate amount of outstanding Notes from time to time endorsed thereon; provided, that the aggregate amount of outstanding Notes represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges and redemptions. Any endorsement of a Global Note to reflect the amount of any increase or decrease in the amount of outstanding Notes represented thereby shall be made by the Trustee, in accordance with instructions given by the Holder thereof, as required by Section 2.6 hereof.

Designation, Form and Dating. The Indebtedness evidenced by the Notes shall be a series of senior subordinated unsecured notes and otherwise arising under this Indenture is are hereby authorized and designated as "“4% Convertible Senior Indebtedness" (i) for all purposes of the provisions evidencing subordination contained in agreements that provide that the Indebtedness of the Issuer issued pursuant to such agreements is subordinate to Indebtedness designated as senior indebtedness, and (ii) for the purposes of any future Indebtedness of the Issuer which the Issuer expressly makes subordinate to senior indebtedness. Subordinated Notes Due 2025.” The Notes and the Trustee's ’s certificate of authentication to be borne by such Notes shall be substantially in the form set forth in Exhibit A. The terms and provisions contained in the form of Notes attached as Exhibit A or Exhibit Bhereto shall constitute, as applicableand are hereby expressly made, attached hereto, the terms of which are incorporated in and made a part of this First Supplemental Indenture and, to the extent applicable, the Company and the Trustee, by their execution and delivery of this First Supplemental Indenture, expressly agree to such terms and provisions and to be bound thereby. Each Note shall include the Subsidiary Guaranty in the form of Exhibit E attached hereto, executed by each Any of the Subsidiary Guarantors existing on the date of issuance of such Note, the terms of which are incorporated in and made a part of this Indenture. The Notes may have such letters, numbers or other marks of identification and such notations, legends legends, endorsements or endorsements changes as the Officers executing the same may approve (execution thereof to be conclusive evidence of such approval) and as are not inconsistent with the provisions of this First Supplemental Indenture, the Indenture, or as may be required by the Trustee, the Depositary, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of any securities exchange or automated quotation system on which the Notes may be listed, or to conform to usage, or to indicate any special limitations or restrictions to which any particular Notes are subject. Subject to Section 2.06 hereof, so long as the Notes are eligible for book-entry settlement with the Depositary, or unless otherwise required by law, stock exchange ruleor otherwise contemplated by the Indenture, agreements to which the Issuer is subject or usage (provided that any such notation, legend, or endorsement is in a form acceptable to the Issuer). Each Note shall be dated the date all of its authentication. The Notes shall be issued in denominations of $1,000 and integral multiples thereof. Initially the Notes will be issued in definitive form (the "Definitive Notes") substantially in the form of Exhibit A attached hereto. As set forth in Section 2.6 below, the Definitive Notes may be exchanged for Definitive Notes and/or a beneficial interest in a Note issued in global form (the "represented by one or more Global Note"), substantially in the form of Exhibit B attached hereto, and a beneficial interest in a Global Note may be exchanged for Definitive NotesSecurities. The transfer and exchange of beneficial interests in any such Global Note Security shall be effected through the Depositary in accordance with this First Supplemental Indenture and the applicable procedures of the Depositary. Each Global Security shall represent such of the outstanding Notes as shall be specified therein and each shall provide that it shall represent the aggregate principal amount of outstanding Notes from time to time endorsed thereon; provided, thereon and that the aggregate principal amount of outstanding Notes represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges and exchanges, redemptions. Any endorsement , purchases or conversions of a Global Note to reflect the amount of any increase or decrease in the amount of outstanding Notes represented thereby shall be made by the Trustee, in accordance with instructions given by the Holder thereof, as required by Section 2.6 hereofsuch Notes.

Designation, Form and Dating. The Indebtedness evidenced by the Series A Notes, the Series B Notes, the Series C Notes, and the Series D Notes and otherwise arising under this Indenture is hereby designated as "Senior Indebtednesssenior indebtedness" (i) for all purposes of the provisions evidencing subordination contained in agreements that provide that the Indebtedness of the Issuer issued pursuant to such agreements is subordinate to Indebtedness designated as senior indebtedness, and (ii) for the purposes of any future Indebtedness of the Issuer which the Issuer expressly makes subordinate to senior indebtedness. The Series A Notes, the Series B Notes, the Series C Notes, and the Series D Notes will rank pari passu with each other in right of payment and in respect of the Collateral and in respect of their respective related Guarantees. The Notes and the Trustee's certificate of authentication shall be substantially in the form of Exhibit A or Exhibit B, as applicable, attached hereto, the terms of which are --------- incorporated in and made a part of this Indenture. Each Note shall include the Subsidiary Guaranty in the form of Exhibit E C attached hereto, executed by each --------- of the Subsidiary Guarantors existing on the date of issuance of such Note, the terms of which are incorporated in and made a part of this Indenture. The Notes may have notations, legends or endorsements required by law, stock exchange rule, agreements to which the Issuer is subject or usage (provided that any such notation, legend, or endorsement is in a form acceptable to the Issuer)usage. Each Note shall be dated the date of its authentication. The Notes shall be issued in denominations of $1,000 and integral multiples thereof. Initially the The Notes will be issued (a) in definitive global form (the "Definitive Global Notes") ), ------------ substantially in the form of Exhibit A attached hereto. As set forth hereto (including the legends --------- contained in Section 2.6 belowthe introduction thereto) and (b) upon the initial issuance thereof and under certain other circumstances, the Definitive Notes may be exchanged for Definitive Notes and/or a beneficial interest in a Note issued in global definitive form (the "Global NoteDefinitive ---------- Notes"), substantially in the form of Exhibit B A attached hereto, and a beneficial interest hereto (excluding the ----- --------- legends contained in a Global Note may be exchanged for Definitive Notesthe introduction thereto). The Each Global Note shall represent the aggregate amount of outstanding Notes from time to time endorsed thereon; provided, that the aggregate amount of outstanding Notes represented -------- thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges and redemptions. Any endorsement of a Global Note to reflect the amount of any increase or decrease in the amount of outstanding Notes represented thereby shall be made by the Trustee, in accordance with instructions given by the Holder thereof, as required by Section 2.6 hereof.. -----------

Designation, Form and Dating. The Indebtedness evidenced by the Notes shall be a series of senior unsecured notes and otherwise arising under this Indenture is are hereby authorized and designated as "“3.75% Convertible Senior Indebtedness" (i) for all purposes of the provisions evidencing subordination contained in agreements that provide that the Indebtedness of the Issuer issued pursuant to such agreements is subordinate to Indebtedness designated as senior indebtedness, and (ii) for the purposes of any future Indebtedness of the Issuer which the Issuer expressly makes subordinate to senior indebtedness. Notes due 2014.” The Notes and the Trustee's ’s certificate of authentication to be borne by such Notes shall be substantially in the form set forth in Exhibit A. The terms and provisions contained in the form of Notes attached as Exhibit A or Exhibit Bhereto shall constitute, as applicableand are hereby expressly made, attached hereto, the terms of which are incorporated in and made a part of this First Supplemental Indenture and, to the extent applicable, the Company and the Trustee, by their execution and delivery of this First Supplemental Indenture, expressly agree to such terms and provisions and to be bound thereby. Each Note shall include the Subsidiary Guaranty in the form of Exhibit E attached hereto, executed by each Any of the Subsidiary Guarantors existing on the date of issuance of such Note, the terms of which are incorporated in and made a part of this Indenture. The Notes may have such letters, numbers or other marks of identification and such notations, legends legends, endorsements or endorsements changes as the Company officers executing the same may approve (execution thereof to be conclusive evidence of such approval) and as are not inconsistent with the provisions of this First Supplemental Indenture, the Indenture, or as may be required by the Trustee, the Depository, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of any securities exchange or automated quotation system on which the Notes may be listed, or to conform to usage, or to indicate any special limitations or restrictions to which any particular Notes are subject. Subject to Section 2.06 hereof, so long as the Notes are eligible for book-entry settlement with the Depository, or unless otherwise required by law, stock exchange ruleor otherwise contemplated by the Indenture, agreements to which the Issuer is subject or usage (provided that any such notation, legend, or endorsement is in a form acceptable to the Issuer). Each Note shall be dated the date all of its authentication. The Notes shall be issued in denominations of $1,000 and integral multiples thereof. Initially the Notes will be issued in definitive form (the "Definitive Notes") substantially in the form of Exhibit A attached hereto. As set forth in Section 2.6 below, the Definitive Notes may be exchanged for Definitive Notes and/or a beneficial interest in a Note issued in global form (the "represented by one or more Global Note"), substantially in the form of Exhibit B attached hereto, and a beneficial interest in a Global Note may be exchanged for Definitive NotesSecurities. The transfer and exchange of beneficial interests in any such Global Note Security shall be effected through the Depository in accordance with this First Supplemental Indenture and the applicable procedures of the Depository. Each Global Security shall represent such of the outstanding Notes as shall be specified therein and each shall provide that it shall represent the aggregate principal amount of outstanding Notes from time to time endorsed thereon; provided, thereon and that the aggregate principal amount of outstanding Notes represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges and exchanges, redemptions. Any endorsement , purchases or conversions of a Global Note to reflect the amount of any increase or decrease in the amount of outstanding Notes represented thereby shall be made by the Trustee, in accordance with instructions given by the Holder thereof, as required by Section 2.6 hereofsuch Notes.

Designation, Form and Dating. The Indebtedness evidenced by the Notes and otherwise arising under this Indenture There is hereby authorized a series of senior subordinated unsecured notes of the Company designated as "“1.25% Senior Indebtedness" (i) for all purposes of the provisions evidencing subordination contained in agreements that provide that the Indebtedness of the Issuer issued Subordinated Convertible Notes due 2027.” The Notes are initially being sold pursuant to such agreements is subordinate to Indebtedness designated as senior indebtednessthe Purchase Agreement, dated May 11, 2020 (the “Purchase Agreement”), between the Company and (ii) for the purposes of any future Indebtedness of the Issuer which the Issuer expressly makes subordinate to senior indebtednessInitial Purchasers. The Notes shall originally be issued only in fully registered form without coupons and only in minimum denominations of $1,000 in principal amount and any integral multiple of $1,000 in excess thereof (an “Authorized Denomination”). The principal of and the Trustee's certificate interest on the Notes, including payment thereof upon redemption or repurchase of authentication the Notes prior to the Final Maturity Date and any cash amount due upon conversion or exchange thereof, shall be substantially payable in the form of Exhibit A coin or Exhibit B, as applicable, attached hereto, the terms of which are incorporated in and made a part of this Indenture. Each Note shall include the Subsidiary Guaranty in the form of Exhibit E attached hereto, executed by each currency of the Subsidiary Guarantors existing on United States of America that at the date time is legal tender for public and private debt, at the office or agency of issuance of such Note, the terms of which are incorporated in and made a part of this Indenture. The Notes may have notations, legends or endorsements required by law, stock exchange rule, agreements to which the Issuer is subject or usage (provided Company maintained for that any such notation, legend, or endorsement is in a form acceptable to the Issuer)purpose. Each Note shall be dated the date of its authentication. The Notes shall and the Trustee’s certificate of authentication to be issued in denominations of $1,000 and integral multiples thereof. Initially the borne by such Notes will be issued in definitive form (the "Definitive Notes") substantially in the form of Exhibit A attached hereto. As set forth in Section 2.6 below, the Definitive Notes may be exchanged for Definitive Notes and/or a beneficial interest in a Note issued in global form (the "Global Note"), substantially Exhibit A. The terms and provisions contained in the form of Notes attached as Exhibit B attached heretoA hereto shall constitute, and are hereby expressly made, a beneficial interest in a part of this Indenture and, to the extent applicable, the Company and the Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby. However, to the extent any provision of any Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. Any of the Notes may have such letters, numbers or other marks of identification and such notations, legends, endorsements or changes as the Officers executing the same may approve (execution thereof to be conclusive evidence of such approval) and as are approved by the Trustee and not inconsistent with the provisions of this Indenture, or as may be required by the Trustee, the Depositary, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of any securities exchange or automated quotation system on which the Notes may be listed, or to conform to usage, or to indicate any special limitations or restrictions to which any particular Notes are subject. Each Global Note may shall be exchanged for Definitive Notesexecuted by the Company and authenticated and delivered by the Trustee. The Global Notes shall be registered in the name of the Depositary (or its nominee), (iii) shall be delivered by the Trustee to the Depositary or pursuant to the Depositary’s instruction (or if the Depositary names the Trustee as its custodian, retained by the Trustee), and (iv) shall bear the Global Note Legend. Each Global Note will represent such of the outstanding Notes as are specified therein and each will provide that it shall represent the aggregate principal amount of outstanding Notes from time to time endorsed thereon; provided, thereon and that the aggregate principal amount of outstanding Notes represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges and redemptionsexchanges, purchases or conversions of such Notes. Any endorsement of If at any time the Depositary notifies the Company that it is unwilling or unable to continue as Depositary for a Global Note or if at any time the Depositary shall no longer be registered or in good standing under the Exchange Act, or other applicable statute or regulation, and a successor Depositary is not appointed by the Company within 90 days after the Company receives such notice or becomes aware of such condition, as the case may be, or if an Event of Default has occurred and is continuing and the Company has received a request from the Depositary or from the Trustee, then the Company will execute, and the Trustee will authenticate and deliver Certificated Notes, in authorized denominations, and in an aggregate principal amount equal to reflect the principal amount of the Global Notes in exchange for such Certificated Notes. In addition, the Company may at any increase or decrease time determine that the Notes shall no longer be represented by a Global Note and that the provisions of this Section 2.01 shall no longer apply to the Notes. In such event the Company will execute and the Trustee, upon receipt of an Officer’s Certificate evidencing such determination by the Company, will authenticate and deliver Certificated Notes without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of outstanding the Global Notes represented thereby in exchange for such Global Note. Upon the exchange of the Global Note for such Certificated Notes without coupons, in authorized denominations, the Global Notes shall be made canceled by the Trustee. Such Certificated Notes issued in exchange for the Global Note shall be registered in such names and in such authorized denominations as the Depositary, pursuant to instructions from its direct or indirect participants or otherwise, shall instruct the Trustee. The Trustee shall deliver such Certificated Notes to the Depositary for delivery to the Persons in accordance with instructions given by the Holder thereof, as required by Section 2.6 hereofwhose names such Certificated Notes are so registered.