Common use of Designation of Notes; Establishment of Form Clause in Contracts

Designation of Notes; Establishment of Form. There shall be a series of Securities designated “4.625% Senior Notes due 2013” of the Company (the “2013 Notes”), and the form thereof shall be substantially as set forth in Exhibit A hereto, which is incorporated into and shall be deemed a part of this Second Supplemental Indenture, in each case with such appropriate insertions, omissions, substitutions and other variations as are required or permitted by the Indenture, and may have such letters, numbers or other marks of identification and such legends or endorsements placed thereon as may be required to comply with the rules of any securities exchange or as may, consistently with the Indenture, be determined by the officers of the Company executing such 2013 Notes, as evidenced by their execution of the 2013 Notes. There shall be a series of Securities designated “5.500% Senior Notes due 2018” of the Company (the “2018 Notes”), and the form thereof shall be substantially as set forth in Exhibit B hereto, which is incorporated into and shall be deemed a part of this Second Supplemental Indenture, in each case with such appropriate insertions, omissions, substitutions and other variations as are required or permitted by the Indenture, and may have such letters, numbers or other marks of identification and such legends or endorsements placed thereon as may be required to comply with the rules of any securities exchange or as may, consistently with the Indenture, be determined by the officers of the Company executing such 2018 Notes, as evidenced by their execution of the 2018 Notes. There shall be a series of Securities designated “6.375% Senior Notes due 2038” of the Company (the “2038 Notes”), and the form thereof shall be substantially as set forth in Exhibit C hereto, which is incorporated into and shall be deemed a part of this Second Supplemental Indenture, in each case with such appropriate insertions, omissions, substitutions and other variations as are required or permitted by the Indenture, and may have such letters, numbers or other marks of identification and such legends or endorsements placed thereon as may be required to comply with the rules of any securities exchange or as may, consistently with the Indenture, be determined by the officers of the Company executing such 2038 Notes, as evidenced by their execution of the 2038 Notes. The 2013 Notes, the 2018 Notes and the 2038 Notes are referred to collectively in this Second Supplemental Indenture as the “Notes”. The Notes will initially be issued in permanent global form, substantially in the form set forth in Exhibit A , Exhibit B or Exhibit C hereto, as applicable, as a Global Security. The Company initially appoints The Bank of New York to act as Paying Agent and Security Registrar with respect to the Notes at its corporate trust office at 000 Xxxxxxx Xxxxxx, New York, New York.

Appears in 1 contract

Samples: Second Supplemental Indenture (Xto Energy Inc)

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Designation of Notes; Establishment of Form. There shall be a series of Securities designated “4.6255.90% Senior Notes due 20132012” of the Company (the “2013 2012 Notes”), and the form thereof shall be substantially as set forth in Exhibit A hereto, which is incorporated into and shall be deemed a part of this Second First Supplemental Indenture, in each case with such appropriate insertions, omissions, substitutions and other variations as are required or permitted by the Indenture, and may have such letters, numbers or other marks of identification and such legends or endorsements placed thereon as may be required to comply with the rules of any securities exchange or as may, consistently with the Indenture, be determined by the officers of the Company executing such 2013 2012 Notes, as evidenced by their execution of the 2013 2012 Notes. There shall be a series of Securities designated “5.5006.25% Senior Notes due 20182017” of the Company (the “2018 2017 Notes”), and the form thereof shall be substantially as set forth in Exhibit B hereto, which is incorporated into and shall be deemed a part of this Second First Supplemental Indenture, in each case with such appropriate insertions, omissions, substitutions and other variations as are required or permitted by the Indenture, and may have such letters, numbers or other marks of identification and such legends or endorsements placed thereon as may be required to comply with the rules of any securities exchange or as may, consistently with the Indenture, be determined by the officers of the Company executing such 2018 2017 Notes, as evidenced by their execution of the 2018 2017 Notes. There shall be a series of Securities designated “6.3756.75% Senior Notes due 20382037” of the Company (the “2038 2037 Notes”), and the form thereof shall be substantially as set forth in Exhibit C hereto, which is incorporated into and shall be deemed a part of this Second First Supplemental Indenture, in each case with such appropriate insertions, omissions, substitutions and other variations as are required or permitted by the Indenture, and may have such letters, numbers or other marks of identification and such legends or endorsements placed thereon as may be required to comply with the rules of any securities exchange or as may, consistently with the Indenture, be determined by the officers of the Company executing such 2038 2037 Notes, as evidenced by their execution of the 2038 2037 Notes. The 2013 2012 Notes, the 2018 2017 Notes and the 2038 2037 Notes are referred to collectively in this Second First Supplemental Indenture as the “Notes”. The Notes will initially be issued in permanent global form, substantially in the form set forth in Exhibit A , Exhibit B or Exhibit C hereto, as applicable, as a Global Security. The Company initially appoints The Bank of New York the Trustee to act as Paying Agent and Security Registrar with respect to the Notes at its corporate trust office at 000 Xxxxxxx Xxxxxx, New York, New YorkNotes.

Appears in 1 contract

Samples: Supplemental Indenture (Xto Energy Inc)

Designation of Notes; Establishment of Form. There shall be a series of Securities designated “4.6255.65% Senior Notes due 20132016” of the Company (the “2013 2016 Notes”), and the form thereof shall be substantially as set forth in Exhibit A hereto, which is incorporated into and shall be deemed a part of this Second Third Supplemental Indenture, in each case with such appropriate insertions, omissions, substitutions and other variations as are required or permitted by the Indenture, and may have such letters, numbers or other marks of identification and such legends or endorsements placed thereon as may be required to comply with the rules of any securities exchange or as may, consistently with the Indenture, be determined by the officers of the Company executing such 2013 2016 Notes, as evidenced by their execution of the 2013 2016 Notes. There shall be a series of Securities designated “5.5006.10% Senior Notes due 20182036” of the Company (the “2018 2036 Notes”), and the form thereof shall be substantially as set forth in Exhibit B hereto, which is incorporated into and shall be deemed a part of this Second Third Supplemental Indenture, in each case with such appropriate insertions, omissions, substitutions and other variations as are required or permitted by the Indenture, and may have such letters, numbers or other marks of identification and such legends or endorsements placed thereon as may be required to comply with the rules of any securities exchange or as may, consistently with the Indenture, be determined by the officers of the Company executing such 2018 2036 Notes, as evidenced by their execution of the 2018 Notes. There shall be a series of Securities designated “6.375% Senior Notes due 2038” of the Company (the “2038 Notes”), and the form thereof shall be substantially as set forth in Exhibit C hereto, which is incorporated into and shall be deemed a part of this Second Supplemental Indenture, in each case with such appropriate insertions, omissions, substitutions and other variations as are required or permitted by the Indenture, and may have such letters, numbers or other marks of identification and such legends or endorsements placed thereon as may be required to comply with the rules of any securities exchange or as may, consistently with the Indenture, be determined by the officers of the Company executing such 2038 Notes, as evidenced by their execution of the 2038 2036 Notes. The 2013 Notes, the 2018 2016 Notes and the 2038 2036 Notes are referred to collectively in this Second Third Supplemental Indenture as the “Notes”. The Notes will initially be issued in permanent global form, substantially in the form set forth in Exhibit A , or Exhibit B or Exhibit C hereto, as applicable, as a Global Security. The Company initially appoints The Bank of New York the Trustee to act as Paying Agent and Security Registrar with respect to the Notes at its corporate trust office at 000 Xxxxxxx Xxxxxx, New York, New YorkNotes.

Appears in 1 contract

Samples: Third Supplemental Indenture (Xto Energy Inc)

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Designation of Notes; Establishment of Form. There shall be a series of Securities designated “4.6255.00% Senior Notes due 20132010” of the Company (the “2013 2010 Notes”), and the form thereof shall be substantially as set forth in Exhibit A hereto, which is incorporated into and shall be deemed a part of this Second Third Supplemental Indenture, in each case with such appropriate insertions, omissions, substitutions and other variations as are required or permitted by the Indenture, and may have such letters, numbers or other marks of identification and such legends or endorsements placed thereon as may be required to comply with the rules of any securities exchange or as may, consistently with the Indenture, be determined by the officers of the Company executing such 2010 Notes, as evidenced by their execution of the 2010 Notes. There shall be a series of Securities designated “5.75% Senior Notes due 2013” of the Company (the “2013 Notes”), and the form thereof shall be substantially as set forth in Exhibit B hereto, which is incorporated into and shall be deemed a part of this Third Supplemental Indenture, in each case with such appropriate insertions, omissions, substitutions and other variations as are required or permitted by the Indenture, and may have such letters, numbers or other marks of identification and such legends or endorsements placed thereon as may be required to comply with the rules of any securities exchange or as may, consistently with the Indenture, be determined by the officers of the Company executing such 2013 Notes, as evidenced by their execution of the 2013 Notes. There shall be a series of Securities designated “5.5006.50% Senior Notes due 2018” of the Company (the “2018 Notes”), and the form thereof shall be substantially as set forth in Exhibit B C hereto, which is incorporated into and shall be deemed a part of this Second Third Supplemental Indenture, in each case with such appropriate insertions, omissions, substitutions and other variations as are required or permitted by the Indenture, and may have such letters, numbers or other marks of identification and such legends or endorsements placed thereon as may be required to comply with the rules of any securities exchange or as may, consistently with the Indenture, be determined by the officers of the Company executing such 2018 Notes, as evidenced by their execution of the 2018 Notes. There shall be a series of Securities designated “6.375% Senior Notes due 2038” of the Company (the “2038 Notes”), and the form thereof shall be substantially as set forth in Exhibit C hereto, which is incorporated into and shall be deemed a part of this Second Supplemental Indenture, in each case with such appropriate insertions, omissions, substitutions and other variations as are required or permitted by the Indenture, and may have such letters, numbers or other marks of identification and such legends or endorsements placed thereon as may be required to comply with the rules of any securities exchange or as may, consistently with the Indenture, be determined by the officers of the Company executing such 2038 Notes, as evidenced by their execution of the 2038 Notes. The 2013 2010 Notes, the 2018 2013 Notes and the 2038 2018 Notes are referred to collectively in this Second Third Supplemental Indenture as the “Notes”. The Notes will initially be issued in permanent global form, substantially in the form set forth in Exhibit A , Exhibit B or Exhibit C hereto, as applicable, as a Global Security. The Company initially appoints The Bank of New York Mellon to act as Paying Agent and Security Registrar with respect to the Notes at its corporate trust office at 000 Xxxxxxx Xxxxxx, New York, New York.

Appears in 1 contract

Samples: Indenture (Xto Energy Inc)

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