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 “5.90% Senior Notes due 2012” of the Company (the “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 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 2012 Notes, as evidenced by their execution of the 2012 Notes. There shall be a series of Securities designated “6.25% Senior Notes due 2017” of the Company (the “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 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 2017 Notes, as evidenced by their execution of the 2017 Notes. There shall be a series of Securities designated “6.75% Senior Notes due 2037” of the Company (the “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 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 2037 Notes, as evidenced by their execution of the 2037 Notes. The 2012 Notes, the 2017 Notes and the 2037 Notes are referred to collectively in this 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 Trustee to act as Paying Agent and Security Registrar with respect to the Notes.

Designation of Notes; Establishment of Form. There shall be a series of Securities designated “5.905.00% Senior Notes due 20122010” of the Company (the “2012 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 First 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 2012 2010 Notes, as evidenced by their execution of the 2012 2010 Notes. There shall be a series of Securities designated “6.255.75% Senior Notes due 20172013” of the Company (the “2017 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 First 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 2017 2013 Notes, as evidenced by their execution of the 2017 2013 Notes. There shall be a series of Securities designated “6.756.50% Senior Notes due 20372018” of the Company (the “2037 2018 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 First 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 2037 2018 Notes, as evidenced by their execution of the 2037 2018 Notes. The 2012 2010 Notes, the 2017 2013 Notes and the 2037 2018 Notes are referred to collectively in this First 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 Trustee The Bank of New York Mellon to act as Paying Agent and Security Registrar with respect to the NotesNotes at its corporate trust office at 000 Xxxxxxx Xxxxxx, New York, New York.

Designation of Notes; Establishment of Form. There shall be a series of Securities designated “5.905.65% Senior Notes due 20122016” of the Company (the “2012 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 First 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 2012 2016 Notes, as evidenced by their execution of the 2012 2016 Notes. There shall be a series of Securities designated “6.256.10% Senior Notes due 20172036” of the Company (the “2017 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 First 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 2017 2036 Notes, as evidenced by their execution of the 2017 Notes. There shall be a series of Securities designated “6.75% Senior Notes due 2037” of the Company (the “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 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 2037 Notes, as evidenced by their execution of the 2037 2036 Notes. The 2012 Notes, the 2017 2016 Notes and the 2037 2036 Notes are referred to collectively in this First 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 Trustee to act as Paying Agent and Security Registrar with respect to the Notes.

Designation of Notes; Establishment of Form. There shall be a series of Securities designated “5.904.625% Senior Notes due 20122013” of the Company (the “2012 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 First 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 2012 2013 Notes, as evidenced by their execution of the 2012 2013 Notes. There shall be a series of Securities designated “6.255.500% Senior Notes due 20172018” of the Company (the “2017 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 First 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 2017 2018 Notes, as evidenced by their execution of the 2017 2018 Notes. There shall be a series of Securities designated “6.756.375% Senior Notes due 20372038” of the Company (the “2037 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 First 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 2037 2038 Notes, as evidenced by their execution of the 2037 2038 Notes. The 2012 2013 Notes, the 2017 2018 Notes and the 2037 2038 Notes are referred to collectively in this First 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 Trustee The Bank of New York to act as Paying Agent and Security Registrar with respect to the NotesNotes at its corporate trust office at 000 Xxxxxxx Xxxxxx, New York, New York.