Common use of Designation of Notes Clause in Contracts

Designation of Notes. (a) The terms set forth in this Schedule I pertain to notes to be issued pursuant to that certain Indenture dated May 31, 2006, as amended and supplemented, by and among Xxxxxxxx American Inc. (the “Company”) as Issuer, The Bank of New York Mellon Trust Company, N.A. (formerly known as The Bank of New York Trust Company, N.A.), as Trustee, and certain Subsidiaries of the Company who have executed such Indenture or a supplement thereto as Guarantors (as so supplemented, the “Indenture”). The notes subject to these terms are (i) the Company’s 3.500% Senior Notes due 2016 in the original principal amount of $[ ] (CUSIP Number 761713 BH8; ISIN US761713BH88) (the “2016 Notes”), (ii) the Company’s 2.300% Senior Notes due 2017 in the original principal amount of $[ ] (CUSIP Number 761713 BJ4; ISIN US761713BJ45) (the “2017 Notes”), (iii) the Company’s 8.125% Senior Notes due 2019 in the original principal amount of $[ ] (CUSIP Number 761713 BK1; ISIN US761713BK18) (the “2019 Notes”), (iv) the Company’s 6.875% Senior Notes due 2020 in the original principal amount of $[ ] (CUSIP Number 761713 BL9; ISIN US761713BL90) (the “2020 Notes”), (v) the Company’s 3.750% Senior Notes due 2023 in the original principal amount of $[ ] (CUSIP Number 761713 BM7; ISIN US761713BM73) (the “2023 Notes”), (vi) the Company’s 8.125% Senior Notes due 2040 in the original principal amount of $[ ] (CUSIP Number 761713 BN5; ISIN US761713BN56) (the “2040 Notes”) and (vii) the Company’s 7.000% Senior Notes due 2041 in the original principal amount of $[ ] (CUSIP Number 761713 BP0; ISIN US761713BP05) (the “2041 Notes,” and collectively with the 2016 Notes, 2017 Notes, 2019 Notes, the 2020 Notes, the 2023 Notes and the 2040 Notes, the “Notes”).

Designation of Notes. (a) The terms set forth in this Schedule I pertain to notes to be issued pursuant to that certain Indenture dated May 31, 2006, as amended and supplemented, by and among Xxxxxxxx American Inc. (the “Company”) as Issuer, The Bank of New York Mellon Trust Company, N.A. (formerly known as The Bank of New York Trust Company, N.A.), as Trustee, and certain Subsidiaries of the Company who have executed such Indenture or a supplement thereto as Guarantors (as so supplemented, the “Indenture”). The notes subject to these terms are (i) the Company’s 3.500% Senior Notes due 2016 in the original principal amount of $[ ] (CUSIP Number 761713 BH8U8001F AL9; ISIN US761713BH88USU8001FAL95) (the “2016 Notes”), (ii) the Company’s 2.300% Senior Notes due 2017 in the original principal amount of $[ ] (CUSIP Number 761713 BJ4U8001F AM7; ISIN US761713BJ45USU8001FAM78) (the “2017 Notes”), (iii) the Company’s 8.125% Senior Notes due 2019 in the original principal amount of $[ ] (CUSIP Number 761713 BK1U8001F AN5; ISIN US761713BK18USU8001FAN51) (the “2019 Notes”), (iv) the Company’s 6.875% Senior Notes due 2020 in the original principal amount of $[ ] (CUSIP Number 761713 BL9U8001F AP0; ISIN US761713BL90USU8001FAP00) (the “2020 Notes”), (v) the Company’s 3.750% Senior Notes due 2023 in the original principal amount of $[ ] (CUSIP Number 761713 BM7U8001F AQ8; ISIN US761713BM73USU8001FAQ82) (the “2023 Notes”), (vi) the Company’s 8.125% Senior Notes due 2040 in the original principal amount of $[ ] (CUSIP Number 761713 BN5U8001F AR6; ISIN US761713BN56USU8001FAR65) (the “2040 Notes”) and (vii) the Company’s 7.000% Senior Notes due 2041 in the original principal amount of $[ ] (CUSIP Number 761713 BP0U8001F AS4; ISIN US761713BP05USU8001FAS49) (the “2041 Notes,” and collectively with the 2016 Notes, 2017 Notes, 2019 Notes, the 2020 Notes, the 2023 Notes and the 2040 Notes, the “Notes”).