Common use of ERISA Legend Clause in Contracts

ERISA Legend. All Global Notes and Definitive Notes issued under this Indenture shall bear a legend in substantially the following form: BY ITS ACCEPTANCE OF A NOTE OR ANY INTEREST THEREIN, EACH PURCHASER AND SUBSEQUENT TRANSFEREE WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT EITHER (I) NO PORTION OF THE ASSETS USED BY SUCH PURCHASER OR TRANSFEREE TO ACQUIRE OR HOLD THE NOTES (OR AN INTEREST THEREIN) CONSTITUTES ASSETS OF ANY EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”), INDIVIDUAL RETIREMENT ACCOUNT OR OTHER PLAN OR ARRANGEMENT THAT IS SUBJECT TO SECTION 4975 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (“SECTION 4975”), OR PLAN SUBJECT TO ANY SUBSTANTIALLY SIMILAR FEDERAL, STATE, LOCAL OR NON-U.S. LAWS OR REGULATIONS (“SIMILAR LAWS”), OR ENTITY THE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “PLAN ASSETS” UNDER ANY SUCH PLAN, ACCOUNT OR ARRANGEMENT OR (II) THE ACQUISITION AND HOLDING OF THE NOTES (OR ANY INTEREST THEREIN) BY SUCH PURCHASER OR TRANSFEREE DOES NOT CONSTITUTE AND WILL NOT RESULT IN A NON-EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OR A VIOLATION OF ANY PROVISIONS OF ANY APPLICABLE SIMILAR LAWS.

ERISA Legend. All Global Notes and Definitive Notes Each Note issued or exchanged under this Indenture shall bear a legend in substantially the following form: “BY ITS ACCEPTANCE OF A NOTE (OR ANY INTEREST THEREINAN EXCHANGE NOTE), EACH PURCHASER AND SUBSEQUENT TRANSFEREE HOLDER WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT EITHER (IA) NO PORTION OF THE ASSETS USED BY SUCH PURCHASER OR TRANSFEREE HOLDER TO ACQUIRE OR HOLD THE NOTES (OR AN INTEREST THEREIN) THE EXCHANGE NOTES CONSTITUTES THE ASSETS OF ANY EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”), A PLAN, INDIVIDUAL RETIREMENT ACCOUNT OR OTHER PLAN OR ARRANGEMENT THAT IS SUBJECT TO SECTION 4975 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “SECTION 4975CODE”), ) OR PLAN SUBJECT TO PROVISIONS UNDER ANY SUBSTANTIALLY SIMILAR OTHER FEDERAL, STATE, LOCAL OR LOCAL, NON-U.S. OR OTHER LAWS OR REGULATIONS THAT ARE SIMILAR TO SUCH PROVISIONS OF ERISA OR THE CODE (“SIMILAR LAWS”), OR ENTITY THE WHOSE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “PLAN ASSETS” UNDER OF ANY SUCH PLAN, ACCOUNT OR ARRANGEMENT OR (IIB) THE ACQUISITION PURCHASE AND HOLDING OF THE NOTES OR THE EXCHANGE NOTES (OR ANY INTEREST THEREINAND THE EXCHANGE OF NOTES FOR EXCHANGE NOTES) BY SUCH PURCHASER OR TRANSFEREE DOES HOLDER WILL NOT CONSTITUTE AND WILL NOT RESULT IN A NON-EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE OR A SIMILAR VIOLATION OF ANY PROVISIONS OF UNDER ANY APPLICABLE SIMILAR LAWS.”

ERISA Legend. All Global Notes and Definitive Notes Each Note issued or exchanged under this Indenture shall bear a legend in substantially the following form: “BY ITS ACCEPTANCE OF A NOTE (OR ANY INTEREST THEREINAN EXCHANGE NOTE), EACH PURCHASER AND SUBSEQUENT TRANSFEREE HOLDER WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT EITHER (IA) NO PORTION OF THE ASSETS USED BY SUCH PURCHASER OR TRANSFEREE HOLDER TO ACQUIRE OR HOLD THE NOTES (OR AN INTEREST THEREIN) THE EXCHANGE NOTES CONSTITUTES THE ASSETS OF ANY EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”), A PLAN, INDIVIDUAL RETIREMENT ACCOUNT OR OTHER PLAN OR ARRANGEMENT THAT IS SUBJECT TO SECTION 4975 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “SECTION 4975CODE”), ) OR PLAN SUBJECT TO PROVISIONS UNDER ANY SUBSTANTIALLY SIMILAR OTHER FEDERAL, STATE, LOCAL OR LOCAL, NON-U.S. LAWS OR OTHER LAWS, RULES OR REGULATIONS THAT ARE SIMILAR TO SUCH PROVISIONS OF ERISA OR THE CODE (“SIMILAR LAWS”), OR ENTITY THE WHOSE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “PLAN ASSETS” UNDER OF ANY SUCH PLAN, ACCOUNT OR ARRANGEMENT OR (IIB) THE ACQUISITION PURCHASE AND HOLDING OF THE NOTES OR THE EXCHANGE NOTES (OR ANY INTEREST THEREINAND THE EXCHANGE OF NOTES FOR EXCHANGE NOTES) BY SUCH PURCHASER OR TRANSFEREE DOES HOLDER WILL NOT CONSTITUTE AND WILL NOT RESULT IN A NON-EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE OR A SIMILAR VIOLATION OF ANY PROVISIONS OF UNDER ANY APPLICABLE SIMILAR LAWS.”

ERISA Legend. All Each Global Notes Note, each Definitive Note issued in exchange for a beneficial interest in a Global Note (and Definitive all Notes issued under this Indenture in exchange therefor or substitution thereof) shall bear a legend in substantially the following form: “BY ITS ACCEPTANCE ACQUISITION OF A NOTE OR ANY INTEREST THEREINTHIS SECURITY, EACH PURCHASER AND SUBSEQUENT TRANSFEREE THE HOLDER THEREOF WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT EITHER (I1) NO PORTION OF THE ASSETS USED BY SUCH PURCHASER OR TRANSFEREE HOLDER TO ACQUIRE OR HOLD THIS SECURITY CONSTITUTES THE NOTES (OR AN INTEREST THEREIN) CONSTITUTES ASSETS OF ANY AN EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I OF THE U.S. EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”), OF A PLAN, INDIVIDUAL RETIREMENT ACCOUNT OR OTHER PLAN OR ARRANGEMENT THAT IS SUBJECT TO SECTION 4975 OF THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “SECTION 4975CODE”), ) OR PLAN SUBJECT TO PROVISIONS UNDER ANY SUBSTANTIALLY SIMILAR OTHER FEDERAL, STATE, LOCAL OR LOCAL, NON-U.S. OR OTHER LAWS OR REGULATIONS THAT ARE SIMILAR TO SUCH PROVISIONS OF ERISA OR THE CODE (“SIMILAR LAWS”), OR OF AN ENTITY THE WHOSE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “PLAN ASSETS” UNDER OF ANY SUCH PLAN, ACCOUNT OR ARRANGEMENT ARRANGEMENT, OR (II2) THE ACQUISITION AND HOLDING OF THE NOTES (OR ANY INTEREST THEREIN) BY SUCH PURCHASER OR TRANSFEREE DOES THIS SECURITY WILL NOT CONSTITUTE AND WILL NOT RESULT IN A NON-EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE OR A SIMILAR VIOLATION OF ANY PROVISIONS OF UNDER ANY APPLICABLE SIMILAR LAWS.”

ERISA Legend. All Global Notes and Definitive Notes Each Note issued or exchanged under this Indenture shall bear a legend in substantially the following form: “BY ITS ACCEPTANCE OF A THIS NOTE (OR AN EXCHANGE NOTE) OR ANY INTEREST THEREINHEREIN, EACH PURCHASER AND SUBSEQUENT TRANSFEREE HOLDER WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT EITHER (IA) NO PORTION OF THE ASSETS USED BY SUCH PURCHASER OR TRANSFEREE HOLDER TO ACQUIRE OR HOLD THE NOTES (THIS NOTE OR AN EXCHANGE NOTE OR ANY INTEREST THEREIN) HEREIN CONSTITUTES THE ASSETS OF ANY EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”), A PLAN, INDIVIDUAL RETIREMENT ACCOUNT OR OTHER PLAN OR ARRANGEMENT THAT IS SUBJECT TO SECTION 4975 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “SECTION 4975CODE”), OR PLAN SUBJECT TO PROVISIONS UNDER ANY SUBSTANTIALLY SIMILAR OTHER FEDERAL, STATE, LOCAL OR LOCAL, NON-U.S. LAWS OR OTHER LAWS, RULES OR REGULATIONS THAT ARE SIMILAR TO SUCH PROVISIONS OF ERISA OR THE CODE (COLLECTIVELY, “SIMILAR LAWS”), OR ENTITY THE WHOSE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “PLAN ASSETS” UNDER OF ANY SUCH PLAN, ACCOUNT OR ARRANGEMENT OR (IIB) THE ACQUISITION AND HOLDING OF THE NOTES (THIS NOTE OR AN EXCHANGE NOTE OR ANY INTEREST THEREINHEREIN (AND THE EXCHANGE OF THIS NOTE FOR AN EXCHANGE NOTE) BY SUCH PURCHASER OR TRANSFEREE DOES WILL NOT CONSTITUTE AND WILL NOT RESULT IN A NON-EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE, OR A SIMILAR VIOLATION OF ANY PROVISIONS OF UNDER ANY APPLICABLE SIMILAR LAWS.”

ERISA Legend. All Each Global Notes Note and each Definitive Note issued in exchange for a beneficial interest in a Global Note (and all Notes issued under this Indenture in exchange therefor or substitution thereof) shall bear a legend in substantially the following form: “BY ITS ACQUISITION OR ACCEPTANCE OF A THIS NOTE OR ANY INTEREST THEREINHEREIN, EACH PURCHASER AND SUBSEQUENT TRANSFEREE THE HOLDER WILL BE DEEMED TO HAVE REPRESENTED REPRESENTED, WARRANTED AND WARRANTED AGREED THAT EITHER EITHER: (A) IT IS NOT AND IS NOT DEEMED TO BE (I) NO PORTION OF THE ASSETS USED BY SUCH PURCHASER OR TRANSFEREE TO ACQUIRE OR HOLD THE NOTES (OR AN INTEREST THEREIN) CONSTITUTES ASSETS OF ANY EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I OF THE U.S. EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”), INDIVIDUAL RETIREMENT (II) A PLAN, ACCOUNT OR OTHER PLAN OR ARRANGEMENT THAT IS SUBJECT TO DESCRIBED IN SECTION 4975 4975(E)(1) OF THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “SECTION 4975CODE”), (III) AN ENTITY WHOSE UNDERLYING ASSETS ARE DEEMED TO INCLUDE ASSETS OF ANY SUCH EMPLOYEE BENEFIT PLAN, PLAN, ACCOUNT OR ARRANGEMENT (EACH OF THE FOREGOING, A “BENEFIT PLAN INVESTOR”), OR PLAN (IV) A PLAN, ACCOUNT OR ARRANGEMENT (SUCH AS A GOVERNMENTAL, CHURCH OR NON-U.S. PLAN) THAT IS SUBJECT TO ANY SUBSTANTIALLY SIMILAR FEDERAL, STATE, LOCAL OR LOCAL, NON-U.S. OR OTHER U.S. LAWS OR REGULATIONS THAT ARE SIMILAR TO THE FIDUCIARY RESPONSIBILITY PROVISIONS OF ERISA OR THE PROHIBITED TRANSACTION RULES OF SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE (“SIMILAR LAWS”), OR ENTITY THE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “PLAN ASSETS” UNDER ANY SUCH PLAN, ACCOUNT OR ARRANGEMENT ; OR (IIB) (1) THE ACQUISITION AND HOLDING OF THE NOTES (THIS NOTE OR ANY INTEREST THEREIN) HEREIN BY SUCH PURCHASER OR TRANSFEREE DOES THE HOLDER DO NOT CONSTITUTE AND WILL NOT CONSTITUTE OR RESULT IN A NON-EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE OR A VIOLATION OF ANY PROVISIONS SIMILAR LAWS AND (2) THE DECISION TO ACQUIRE AND HOLD THE NOTES HAS BEEN AND WILL CONTINUE TO BE MADE BY A DULY AUTHORIZED FIDUCIARY WHO IS INDEPENDENT OF ANY APPLICABLE SIMILAR LAWSTHE TRANSACTION PARTIES AND WHO UNDERSTANDS THAT THE TRANSACTION PARTIES ARE NOT UNDERTAKING TO PROVIDE IMPARTIAL INVESTMENT ADVICE, OR TO GIVE ADVICE IN A FIDUCIARY CAPACITY TO THE PLAN, IN CONNECTION WITH THE PLAN’S ACQUISITION OR HOLDING OF THE NOTES.”

ERISA Legend. All Each Global Notes Note and each Definitive Note (and all Notes issued under this Indenture in exchange therefor or substitution thereof) shall bear a the legend in substantially the following form: BY ITS ACCEPTANCE “EACH HOLDER OF A NOTE THIS SECURITY, OR OF ANY INTEREST THEREIN, EACH PURCHASER AND SUBSEQUENT TRANSFEREE WILL BE DEEMED TO HAVE REPRESENTED ACKNOWLEDGE, REPRESENT, WARRANT AND WARRANTED THAT AGREE THAT, AT THE TIME OF ITS ACQUISITION AND THROUGHOUT THE PERIOD OF ITS HOLDING OF SUCH SECURITY OR INTEREST THEREIN, EITHER (A) IT IS NOT, AND IT WILL NOT BECOME (I) NO PORTION AN “EMPLOYEE BENEFIT PLAN” (AS DEFINED IN SECTION 3(3) OF THE ASSETS USED BY SUCH PURCHASER OR TRANSFEREE TO ACQUIRE OR HOLD THE NOTES (OR AN INTEREST THEREIN) CONSTITUTES ASSETS OF ANY EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I OF THE U.S. EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”), INDIVIDUAL RETIREMENT ACCOUNT OR OTHER PLAN OR ARRANGEMENT ) THAT IS SUBJECT TO TITLE I OF ERISA, (II) A PLAN DESCRIBED IN SECTION 4975 4975(e)(1) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “SECTION 4975CODE”), INCLUDING AN INDIVIDUAL RETIREMENT ACCOUNT OR PLAN ▇▇▇▇▇ PLAN, (III) A PLAN, INDIVIDUAL RETIREMENT ACCOUNT, OR OTHER ARRANGEMENT THAT IS SUBJECT TO THE PROVISIONS OF ANY SUBSTANTIALLY SIMILAR FEDERAL, STATE, LOCAL OR LOCAL, NON-U.S. LAWS UNITED STATES OR OTHER LAWS, RULES OR REGULATIONS THAT ARE SIMILAR TO SUCH PROVISIONS OF ERISA AND THE CODE (SUCH LAWS, COLLECTIVELY, “SIMILAR LAWS”) OR (IV) AN ENTITY WHOSE UNDERLYING ASSETS INCLUDE THE ASSETS OF A PLAN DESCRIBED IN (I), OR ENTITY THE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “PLAN ASSETS” UNDER ANY SUCH PLAN, ACCOUNT OR ARRANGEMENT OR (II) OR (III) BY REASON OF INVESTMENT BY SUCH PLAN IN THE ACQUISITION ENTITY OR (B) ITS PURCHASE AND HOLDING OF THE NOTES (SUCH SECURITY OR ANY INTEREST THEREIN) BY SUCH PURCHASER OR TRANSFEREE DOES THEREIN WILL NOT CONSTITUTE AND WILL NOT OR RESULT IN A NON-EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA AND/OR SECTION 4975 OF THE CODE BY REASON OF AN APPLICABLE STATUTORY OR A VIOLATION OF ADMINISTRATIVE EXEMPTION AND WILL NOT VIOLATE ANY PROVISIONS OF ANY APPLICABLE SIMILAR LAWS.”

ERISA Legend. All Global Notes and Definitive Notes issued under this Indenture Each Note shall bear a legend in substantially the following form: “BY ITS ACCEPTANCE ACQUISITION OF A NOTE OR ANY INTEREST THEREINTHIS SECURITY, EACH PURCHASER AND SUBSEQUENT TRANSFEREE THE HOLDER HEREOF WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT EITHER (A) IT IS NOT A PLAN (WHICH TERM IS DEFINED AS (I) NO PORTION OF THE ASSETS USED BY SUCH PURCHASER OR TRANSFEREE TO ACQUIRE OR HOLD THE NOTES (OR AN INTEREST THEREIN) CONSTITUTES ASSETS OF ANY EMPLOYEE BENEFIT PLAN PLANS THAT IS ARE SUBJECT TO TITLE I OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED AMENDED, OR ERISA, (“ERISA”)II) PLANS, INDIVIDUAL RETIREMENT ACCOUNT OR ACCOUNTS AND OTHER PLAN OR ARRANGEMENT ARRANGEMENTS THAT IS ARE SUBJECT TO SECTION 4975 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (“SECTION 4975”), OR PLAN SUBJECT TO ANY SUBSTANTIALLY SIMILAR PROVISIONS UNDER APPLICABLE FEDERAL, STATE, LOCAL LOCAL, NON U.S. OR NON-U.S. OTHER LAWS OR REGULATIONS (“THAT ARE SIMILAR TO SUCH PROVISIONS OF ERISA OR THE CODE, OR SIMILAR LAWS”), OR ENTITY AND (III) ENTITIES THE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “PLAN ASSETS,” UNDER ANY WITHIN THE MEANING OF 29 C.F.R. SECTION 2510.3-101 AS MODIFIED BY SECTION 3(42) OF ERISA, OF SUCH PLANPLANS, ACCOUNT OR ARRANGEMENT OR (II) THE ACQUISITION ACCOUNTS AND HOLDING OF THE NOTES ARRANGEMENTS), AND IT IS NOT PURCHASING THIS SECURITY (OR ANY INTEREST THEREIN) BY SUCH PURCHASER ON BEHALF OF, OR TRANSFEREE DOES WITH THE “PLAN ASSETS” OF, ANY PLAN OR (B) (I) THE HOLDER’S PURCHASE, HOLDING AND SUBSEQUENT DISPOSITION OF THIS SECURITY (OR ANY INTEREST THEREIN) WILL NOT CONSTITUTE AND WILL NOT OR RESULT IN A NON-EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 THE CODE OR A VIOLATION UNDER ANY PROVISION OF SIMILAR LAW, AND (II) NONE OF IRON MOUNTAIN, THE SUBSIDIARY GUARANTORS, THE INITIAL PURCHASERS AND THE TRUSTEE (COLLECTIVELY, THE “TRANSACTION PARTIES”) OR ANY PROVISIONS OF THEIR RESPECTIVE AFFILIATES HAVE ACTED AS THE PLAN’S FIDUCIARY, OR HAVE BEEN RELIED UPON FOR ANY ADVICE, WITH RESPECT TO THE PLAN’S DECISION TO ACQUIRE THIS SECURITY AND NONE OF THE TRANSACTION PARTIES OR ANY OF THEIR AFFILIATES WILL AT ANY TIME BE RELIED UPON AS THE PLAN’S FIDUCIARY WITH RESPECT TO ITS DECISION TO ACQUIRE, CONTINUE TO HOLD OR TRANSFER THIS SECURITY, OTHER THAN, IN THE CASE OF AN AFFILIATE TO A TRANSACTION PARTY THAT IS ACTING AS A FIDUCIARY ON BEHALF OF A PLAN OR IS GIVING INVESTMENT ADVICE IN A FIDUCIARY CAPACITY TO A PLAN, WHERE A PROHIBITED TRANSACTION EXEMPTION APPLIES (ALL OF THE APPLICABLE SIMILAR LAWSCONDITIONS OF WHICH ARE SATISFIED).”

ERISA Legend. All Global Notes and Definitive Notes Each Note issued or exchanged under this Indenture shall bear a legend in substantially the following form: “BY ITS ACCEPTANCE ACQUISITION OF A THIS NOTE OR ANY INTEREST THEREINHEREIN, EACH PURCHASER AND SUBSEQUENT TRANSFEREE THE HOLDER THEREOF WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT EITHER (I1) NO PORTION OF THE ASSETS USED BY SUCH PURCHASER OR TRANSFEREE HOLDER TO ACQUIRE OR HOLD THIS NOTE OR ANY INTEREST HEREIN CONSTITUTES THE NOTES (OR AN INTEREST THEREIN) CONSTITUTES ASSETS OF ANY AN EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I OF THE U.S. EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”), OF A PLAN, INDIVIDUAL RETIREMENT ACCOUNT OR OTHER PLAN OR ARRANGEMENT THAT IS SUBJECT TO SECTION 4975 OF THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “SECTION 4975CODE”), ) OR PLAN SUBJECT TO PROVISIONS UNDER ANY SUBSTANTIALLY SIMILAR OTHER FEDERAL, STATE, LOCAL LOCAL, NON- U.S. OR NON-U.S. OTHER LAWS OR REGULATIONS THAT ARE SIMILAR TO SUCH PROVISIONS OF ERISA OR THE CODE (“SIMILAR LAWS”), OR OF AN ENTITY THE WHOSE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “PLAN ASSETS” UNDER OF ANY SUCH PLAN, ACCOUNT OR ARRANGEMENT OR (II2) THE ACQUISITION AND HOLDING OF THE NOTES (OR ANY INTEREST THEREIN) BY SUCH PURCHASER OR TRANSFEREE DOES THIS NOTE WILL NOT CONSTITUTE AND WILL NOT RESULT IN A NON-EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE OR A SIMILAR VIOLATION OF ANY PROVISIONS OF UNDER ANY APPLICABLE SIMILAR LAWS.”

ERISA Legend. All Each Global Notes Security and each Definitive Security issued in exchange for a beneficial interest in a Global Security (and all Notes issued under this Indenture in exchange therefor or substitution thereof) shall bear a legend in substantially the following form: “BY ITS ACCEPTANCE OF A THIS NOTE, EACH ACQUIRER AND SUBSEQUENT TRANSFEREE OF THIS NOTE (OR ANY INTEREST THEREIN, EACH PURCHASER AND SUBSEQUENT TRANSFEREE HEREIN) WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT EITHER (IA) IT IS NOT, AND IS NOT ACTING ON BEHALF OF, A PLAN, AND NO PORTION OF THE ASSETS USED BY SUCH PURCHASER ACQUIRER OR TRANSFEREE TO ACQUIRE OR AND HOLD THE NOTES THIS NOTE (OR AN ANY INTEREST THEREINHEREIN) CONSTITUTES ASSETS OF ANY EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”), ANY PLAN, INDIVIDUAL RETIREMENT ACCOUNT OR OTHER PLAN OR ARRANGEMENT ARRANGEMENTS THAT IS ARE SUBJECT TO SECTION 4975 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “SECTION 4975CODE”), OR PLAN SUBJECT TO PROVISIONS UNDER ANY SUBSTANTIALLY SIMILAR FEDERAL, STATE, LOCAL OR LOCAL, NON-U.S. UNITED STATES OR OTHER LAWS OR REGULATIONS THAT ARE SIMILAR TO THE PROVISIONS OF ERISA OR THE CODE (COLLECTIVELY, “SIMILAR LAWS”), OR ANY ENTITY THE WHOSE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “PLAN ASSETS” UNDER ANY OF SUCH PLAN, ACCOUNT OR AND ARRANGEMENT (EACH, A “PLAN”) OR (IIB) THE ACQUISITION ACQUISITION, HOLDING AND HOLDING SUBSEQUENT DISPOSITION OF THE NOTES THIS NOTE (OR ANY INTEREST THEREINHEREIN) BY SUCH PURCHASER OR TRANSFEREE DOES WILL NOT CONSTITUTE AND WILL NOT OR RESULT IN A NON-EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE OR A ANY SIMILAR VIOLATION OF ANY PROVISIONS OF UNDER ANY APPLICABLE SIMILAR LAWS.”

ERISA Legend. All Global Notes and Definitive Notes issued under this Indenture shall Each Note will bear a legend in substantially the following form: BY ITS ACCEPTANCE “EACH HOLDER OF A NOTE THIS SECURITY OR ANY INTEREST THEREIN, EACH PURCHASER AND SUBSEQUENT TRANSFEREE HEREIN WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED AS FOLLOWS THAT EITHER EITHER: (IA) NO PORTION OF THE ASSETS USED BY SUCH PURCHASER OR TRANSFEREE HOLDER TO ACQUIRE OR HOLD THIS SECURITY OR ANY INTEREST HEREIN CONSTITUTES THE NOTES (OR AN INTEREST THEREIN) CONSTITUTES ASSETS OF ANY (I) “EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I ” (WITHIN THE MEANING OF SECTION 3(3) OF THE U.S. EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”)) THAT IS SUBJECT TO TITLE I OF ERISA, (II) PLAN, INDIVIDUAL RETIREMENT ACCOUNT OR OTHER PLAN OR ARRANGEMENT THAT IS SUBJECT TO SECTION 4975 OF THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “SECTION 4975CODE”), ) OR PLAN SUBJECT TO PROVISIONS UNDER ANY SUBSTANTIALLY SIMILAR OTHER U.S. OR NON-U.S. FEDERAL, STATE, LOCAL OR NON-U.S. OTHER LAWS OR REGULATIONS THAT ARE SIMILAR TO SUCH PROVISIONS OF ERISA OR THE CODE (COLLECTIVELY, “SIMILAR LAWS”), OR ENTITY THE (III) ENTITIES WHOSE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “PLAN ASSETS” UNDER THE ASSETS OF ANY SUCH PLANOF THE FOREGOING DESCRIBED IN CLAUSES (I) AND (II), ACCOUNT PURSUANT TO ERISA OR ARRANGEMENT OTHERWISE; OR (IIB) THE ACQUISITION AND HOLDING OF THE NOTES (THIS SECURITY, OR ANY INTEREST THEREIN) HEREIN BY SUCH PURCHASER OR TRANSFEREE DOES HOLDER, WILL NOT CONSTITUTE AND WILL NOT RESULT IN A NON-EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE OR A SIMILAR VIOLATION OF ANY PROVISIONS OF UNDER ANY APPLICABLE SIMILAR LAWS.”

ERISA Legend. All Global The Notes and Definitive Notes issued under this Indenture shall bear a legend substantially in substantially the following form: “BY ITS ACCEPTANCE OF A ACQUIRING THIS NOTE OR ANY INTEREST THEREIN, EACH PURCHASER HOLDER AND SUBSEQUENT EACH TRANSFEREE WILL BE IS DEEMED TO HAVE REPRESENTED REPRESENT, WARRANT AND WARRANTED AGREE THAT AT THE TIME OF ITS ACQUISITION AND THROUGHOUT THE PERIOD THAT IT HOLDS THIS NOTE OR ANY INTEREST THEREIN (1) EITHER (IA) NO PORTION OF THE ASSETS USED BY SUCH PURCHASER HOLDER OR TRANSFEREE TO ACQUIRE OR HOLD THE NOTES (OR AN INTEREST THEREIN) CONSTITUTES ASSETS OF ANY AN EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I OF THE U.S. EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”), INDIVIDUAL RETIREMENT ACCOUNT OF ANY PLAN OR OTHER PLAN OR ARRANGEMENT THAT IS SUBJECT TO SECTION 4975 OF THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “SECTION 4975CODE”), OR PLAN SUBJECT TO PROVISIONS UNDER ANY SUBSTANTIALLY SIMILAR OTHER FEDERAL, STATE, LOCAL OR LOCAL, NON-U.S. OR OTHER LAWS OR REGULATIONS THAT ARE SIMILAR TO TITLE I OF ERISA OR SECTION 4975 OF THE CODE (“SIMILAR LAWS”), OR OF AN ENTITY THE WHOSE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “PLAN ASSETS” UNDER OF ANY SUCH PLAN, ACCOUNT OR ARRANGEMENT ARRANGEMENT, OR (IIB) (I) THE ACQUISITION AND HOLDING OF THE NOTES (OR ANY INTEREST THEREIN) BY SUCH PURCHASER HOLDER OR TRANSFEREE DOES WILL NOT CONSTITUTE AND WILL NOT RESULT IN A NON-EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE OR A SIMILAR VIOLATION OF ANY PROVISIONS OF UNDER ANY APPLICABLE SIMILAR LAWS, (II) NONE OF THE ISSUER, THE INITIAL PURCHASERS OR ANY OF THEIR RESPECTIVE AFFILIATES HAS UNDERTAKEN OR WILL UNDERTAKE TO PROVIDE IMPARTIAL INVESTMENT ADVICE OR HAS GIVEN OR WILL GIVE ADVICE IN A FIDUCIARY CAPACITY, IN CONNECTION WITH THE NOTES AND THE TRANSACTIONS CONTEMPLATED WITH RESPECT TO THE NOTES; AND (III) THE DECISION TO PURCHASE THE NOTES HAS BEEN MADE BY A DULY AUTHORIZED FIDUCIARY WHO IS INDEPENDENT OF THE ISSUER, THE INITIAL PURCHASERS AND THEIR AFFILIATES.”

ERISA Legend. All Global Notes and Definitive Notes Each Note issued or exchanged under this Indenture shall bear a legend in substantially the following form: “BY ITS ACCEPTANCE OF A NOTE THIS SECURITY, OR ANY INTEREST THEREINHEREIN, EACH PURCHASER AND SUBSEQUENT TRANSFEREE HOLDER WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT EITHER (IA) NO PORTION OF THE ASSETS USED BY SUCH PURCHASER OR TRANSFEREE HOLDER TO ACQUIRE OR HOLD THIS SECURITY OR ANY INTEREST HEREIN CONSTITUTES THE NOTES (OR AN INTEREST THEREIN) CONSTITUTES ASSETS OF ANY (1) “EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I PLAN” (WITHIN THE MEANING OF SECTION 3(3) OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”)), THAT IS SUBJECT TO TITLE I OF ERISA, (2) PLAN, INDIVIDUAL RETIREMENT ACCOUNT OR OTHER PLAN OR ARRANGEMENT THAT IS SUBJECT TO SECTION 4975 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “SECTION 4975CODE”), ) OR PLAN SUBJECT TO PROVISIONS UNDER ANY SUBSTANTIALLY SIMILAR OTHER U.S. OR NON-U.S. FEDERAL, STATE, LOCAL LOCAL, OR NON-U.S. LAWS OTHER LAWS, RULES OR REGULATIONS THAT ARE SIMILAR TO THE FIDUCIARY RESPONSIBILITY OR PROHIBITED TRANSACTIONS PROVISIONS OF TITLE I OF ERISA OR SECTION 4975 OF THE CODE (COLLECTIVELY, “SIMILAR LAWS”), OR (3) ENTITY THE WHOSE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “PLAN ASSETS” UNDER THE ASSETS OF ANY SUCH PLANOF THE FOREGOING DESCRIBED IN CLAUSE (1) AND (2), ACCOUNT PURSUANT TO ERISA OR ARRANGEMENT OTHER APPLICABLE LAW, OR (IIB) THE ACQUISITION PURCHASE AND HOLDING OF THE NOTES (THIS SECURITY OR ANY INTEREST THEREIN) BY SUCH PURCHASER OR TRANSFEREE DOES HEREIN WILL NOT CONSTITUTE AND WILL NOT RESULT IN A NON-EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE, OR A SIMILAR VIOLATION OF ANY PROVISIONS OF UNDER ANY APPLICABLE SIMILAR LAWS.”

ERISA Legend. All Each Global Notes Note and each Definitive Note (and all Notes issued under this Indenture in exchange therefor or substitution thereof) shall bear a legend in substantially the following form: “BY ITS ACCEPTANCE ACQUISITION OF A NOTE OR ANY INTEREST THEREINTHIS NOTE, EACH PURCHASER AND SUBSEQUENT TRANSFEREE THE HOLDER THEREOF WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT EITHER (I1) NO PORTION OF THE ASSETS USED BY SUCH PURCHASER OR TRANSFEREE HOLDER TO ACQUIRE OR HOLD THIS NOTE CONSTITUTES THE NOTES (OR AN INTEREST THEREIN) CONSTITUTES ASSETS OF ANY AN EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I OF THE U.S. EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”), OF A PLAN, INDIVIDUAL RETIREMENT ACCOUNT OR OTHER PLAN OR ARRANGEMENT THAT IS SUBJECT TO SECTION 4975 OF THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “SECTION 4975CODE”), ) OR PLAN SUBJECT TO PROVISIONS UNDER ANY SUBSTANTIALLY SIMILAR OTHER FEDERAL, STATE, LOCAL LOCAL, NON U.S. OR NON-U.S. OTHER LAWS OR REGULATIONS THAT ARE SIMILAR TO SUCH PROVISIONS OF ERISA OR THE CODE (“SIMILAR LAWS”), OR OF AN ENTITY THE WHOSE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “PLAN ASSETS” UNDER (WITHIN THE MEANING OF 29 C.F.R. 2510.3-101, AS MODIFIED BY SECTION 3(42) OF ERISA OR ANY APPLICABLE SIMILAR LAWS) OF ANY SUCH PLAN, ACCOUNT OR ARRANGEMENT ARRANGEMENT, OR (II2) THE ACQUISITION AND HOLDING OF THE NOTES (OR ANY INTEREST THEREIN) BY SUCH PURCHASER OR TRANSFEREE DOES THIS NOTE WILL NOT CONSTITUTE AND WILL NOT RESULT IN A NON-NON EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE OR A SIMILAR VIOLATION OF ANY PROVISIONS OF UNDER ANY APPLICABLE SIMILAR LAWS. FURTHER, IF THE HOLDER IS A PLAN SUBJECT TO TITLE I OF ERISA OR SECTION 4975 OF THE CODE (AN ‘‘ERISA PLAN’’), SUCH HOLDER WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT (1) NONE OF THE ISSUER, GUARANTORS, THE INITIAL PURCHASERS AND ANY OF THEIR RESPECTIVE AFFILIATES (COLLECTIVELY, THE ‘‘TRANSACTION PARTIES’’) HAS ACTED AS THE ERISA PLAN’S FIDUCIARY (WITHIN THE MEANING OF ERISA OR THE CODE), OR HAS BEEN RELIED UPON FOR ANY ADVICE, WITH RESPECT TO THE HOLDER’S DECISION TO ACQUIRE AND HOLD THE NOTES, AND NONE OF THE TRANSACTION PARTIES SHALL AT ANY TIME BE RELIED UPON AS THE ERISA PLAN’S FIDUCIARY WITH RESPECT TO ANY DECISION TO ACQUIRE, CONTINUE TO HOLD OR TRANSFER THE NOTES, AND (2) THE DECISION TO PURCHASE THE NOTES HAS BEEN MADE BY A DULY AUTHORIZED FIDUCIARY OF THE ERISA PLAN THAT (I) IS INDEPENDENT (AS THAT TERM IS USED IN 29 C.F.R. 2510.3-21(C)(1)) OF THE TRANSACTION PARTIES AND THERE IS NO FINANCIAL INTEREST, OWNERSHIP INTEREST, OR OTHER RELATIONSHIP, AGREEMENT OR UNDERSTANDING OR OTHERWISE THAT WOULD LIMIT ITS ABILITY TO CARRY OUT ITS FIDUCIARY RESPONSIBILITY TO THE ERISA PLAN; (II) IS A BANK, AN INSURANCE CARRIER, A REGISTERED INVESTMENT ADVISER, A REGISTERED BROKER-DEALER, OR AN INDEPENDENT FIDUCIARY THAT HOLDS, OR HAS UNDER MANAGEMENT OR CONTROL, TOTAL ASSETS OF AT LEAST $50 MILLION (IN EACH CASE, AS SPECIFIED IN 29 C.F.R. 2510.3-21(C)(1)(I)(A)-(E)); (III) IS CAPABLE OF EVALUATING INVESTMENT RISKS INDEPENDENTLY, BOTH IN GENERAL AND WITH REGARD TO PARTICULAR TRANSACTIONS AND INVESTMENT STRATEGIES (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE DECISION TO INVEST IN THE NOTES); (IV) HAS BEEN FAIRLY INFORMED THAT THE TRANSACTION PARTIES HAVE NOT AND WILL NOT UNDERTAKE TO PROVIDE IMPARTIAL INVESTMENT ADVICE, OR TO GIVE ADVICE IN A FIDUCIARY CAPACITY, IN CONNECTION WITH THE PURCHASE AND HOLDING OF THE NOTES; (V) HAS BEEN FAIRLY INFORMED THAT THE TRANSACTION PARTIES HAVE FINANCIAL INTERESTS IN THE ERISA PLAN’S PURCHASE AND HOLDING OF THE NOTES, WHICH INTERESTS MAY CONFLICT WITH THE INTEREST OF THE ERISA PLAN; (VI) IS A FIDUCIARY UNDER ERISA OR THE CODE, OR BOTH, WITH RESPECT TO THE DECISION TO PURCHASE AND HOLD THE NOTES AND IS RESPONSIBLE FOR EXERCISING (AND HAS EXERCISED) INDEPENDENT JUDGMENT IN EVALUATING WHETHER TO INVEST THE ASSETS OF SUCH ERISA PLAN IN THE NOTES; AND (VII) IS NOT PAYING ANY TRANSACTION PARTY ANY FEE OR OTHER COMPENSATION DIRECTLY FOR THE PROVISION OF INVESTMENT ADVICE (AS OPPOSED TO OTHER SERVICES) IN CONNECTION WITH THE ERISA PLAN’S PURCHASE AND HOLDING OF THE NOTES.”

ERISA Legend. All Each Global Notes Note and each Definitive Note (and all Notes issued under this Indenture in exchange therefor or substitution thereof) shall bear a legend in substantially the following form: “BY ITS ACCEPTANCE ACQUISITION OF A NOTE OR ANY INTEREST THEREINTHIS NOTE, EACH PURCHASER AND SUBSEQUENT TRANSFEREE THE HOLDER THEREOF WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT EITHER (I1) NO PORTION OF THE ASSETS USED BY SUCH PURCHASER OR TRANSFEREE HOLDER TO ACQUIRE OR HOLD THIS NOTE CONSTITUTES THE NOTES (OR AN INTEREST THEREIN) CONSTITUTES ASSETS OF ANY AN EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I OF THE U.S. EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”), OF A PLAN, INDIVIDUAL RETIREMENT ACCOUNT OR OTHER PLAN OR ARRANGEMENT THAT IS SUBJECT TO SECTION 4975 OF THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “SECTION 4975CODE”), ) OR PLAN SUBJECT TO PROVISIONS UNDER ANY SUBSTANTIALLY SIMILAR OTHER FEDERAL, STATE, LOCAL LOCAL, NON U.S. OR NON-U.S. OTHER LAWS OR REGULATIONS THAT ARE SIMILAR TO SUCH PROVISIONS OF ERISA OR THE CODE (“SIMILAR LAWS”), OR OF AN ENTITY THE WHOSE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “PLAN ASSETS” UNDER OF ANY SUCH PLAN, ACCOUNT OR ARRANGEMENT ARRANGEMENT, OR (II2) THE ACQUISITION AND HOLDING OF THE NOTES (OR ANY INTEREST THEREIN) BY SUCH PURCHASER OR TRANSFEREE DOES THIS NOTE WILL NOT CONSTITUTE AND WILL NOT RESULT IN A NON-NON EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE OR A SIMILAR VIOLATION OF ANY PROVISIONS OF UNDER ANY APPLICABLE SIMILAR LAWS.”

ERISA Legend. All Each Global Notes and Definitive Notes issued under this Indenture Note, Restricted Global Note or Unrestricted Global Note, shall bear a legend in substantially the following form: BY ITS ACCEPTANCE ACQUISITION OF A NOTE OR THIS SECURITY (INCLUDING ANY INTEREST THEREINHEREIN), EACH PURCHASER AND SUBSEQUENT TRANSFEREE THE HOLDER THEREOF WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT EITHER (I1) NO PORTION OF THE ASSETS USED BY SUCH PURCHASER OR TRANSFEREE HOLDER TO ACQUIRE OR HOLD THIS SECURITY CONSTITUTES THE NOTES (OR AN INTEREST THEREIN) CONSTITUTES ASSETS OF ANY (A) AN “EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I PLAN” WITHIN THE MEANING OF SECTION 3(3) OF THE U.S. EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”)) THAT IS SUBJECT TO TITLE I OF ERISA, (B) A PLAN, INDIVIDUAL RETIREMENT ACCOUNT OR OTHER PLAN OR ARRANGEMENT THAT IS SUBJECT TO SECTION 4975 OF THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “SECTION 4975CODE”), ) OR PLAN SUBJECT TO PROVISIONS UNDER ANY SUBSTANTIALLY SIMILAR OTHER U.S. OR NON U.S. FEDERAL, STATE, LOCAL OR NON-U.S. OTHER LAWS OR REGULATIONS THAT ARE SIMILAR TO SUCH PROVISIONS OF ERISA OR THE CODE (“SIMILAR LAWS”), OR (C) AN ENTITY THE WHOSE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “PLAN ASSETS” UNDER ASSETS OF ANY SUCH PLAN, ACCOUNT OR ARRANGEMENT DESCRIBED IN (A) OR (IIB) PURSUANT TO ERISA OR OTHERWISE (HOLDERS DESCRIBED IN (A), (B) OR (C), “PLANS”), OR (2) THE ACQUISITION AND HOLDING OF THE NOTES (OR ANY INTEREST THEREIN) BY SUCH PURCHASER OR TRANSFEREE DOES THIS SECURITY WILL NOT CONSTITUTE AND WILL NOT RESULT IN A NON-EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE OR A SIMILAR VIOLATION OF ANY PROVISIONS OF UNDER ANY APPLICABLE SIMILAR LAWS.

ERISA Legend. All Global Notes and Definitive Notes issued under this Indenture shall Each Note will bear a legend in substantially the following form: “BY ITS ACCEPTANCE ACQUISITION OF A THIS NOTE OR ANY INTEREST THEREIN, EACH PURCHASER AND SUBSEQUENT TRANSFEREE THE HOLDER THEREOF WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT EITHER (I1) NO PORTION OF THE ASSETS USED BY SUCH PURCHASER OR TRANSFEREE HOLDER TO ACQUIRE OR HOLD THIS NOTE OR ANY INTEREST THEREIN CONSTITUTES THE NOTES (OR AN INTEREST THEREIN) CONSTITUTES ASSETS OF ANY AN EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I OF THE U.S. EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”), A PLAN, INDIVIDUAL RETIREMENT ACCOUNT OR OTHER PLAN OR ARRANGEMENT THAT IS SUBJECT TO SECTION 4975 OF THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “SECTION 4975CODE”), ) OR PLAN SUBJECT TO PROVISIONS UNDER ANY SUBSTANTIALLY SIMILAR OTHER FEDERAL, STATE, LOCAL OR LOCAL, NON-U.S. OR OTHER LAWS OR REGULATIONS THAT ARE SIMILAR TO TITLE I OF ERISA OR SECTION 4975 OF THE CODE (“SIMILAR LAWS”), OR AN ENTITY THE WHOSE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “PLAN ASSETS” UNDER OF ANY SUCH PLAN, ACCOUNT OR ARRANGEMENT ARRANGEMENT, OR (II2) THE ACQUISITION AND HOLDING OF THE NOTES (THIS NOTE OR ANY INTEREST THEREIN) BY SUCH PURCHASER OR TRANSFEREE DOES THEREIN WILL NOT CONSTITUTE AND WILL NOT OR RESULT IN A NON-EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE OR A SIMILAR VIOLATION OF ANY PROVISIONS OF UNDER ANY APPLICABLE SIMILAR LAWS.”

ERISA Legend. All Each Global Notes and Definitive Notes issued under this Indenture Note, Restricted Global Note or Unrestricted Global Note, shall bear a legend in substantially the following form: BY ITS ACCEPTANCE ACQUISITION OF A NOTE OR ANY INTEREST THEREINTHIS SECURITY, EACH PURCHASER AND SUBSEQUENT TRANSFEREE THE HOLDER THEREOF WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT EITHER (I1) NO PORTION OF THE ASSETS USED BY SUCH PURCHASER OR TRANSFEREE HOLDER TO ACQUIRE OR HOLD THIS SECURITY CONSTITUTES THE NOTES (OR AN INTEREST THEREIN) CONSTITUTES ASSETS OF ANY (A) AN EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I OF THE U.S. EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”), (B) OF A PLAN, INDIVIDUAL RETIREMENT ACCOUNT OR OTHER PLAN OR ARRANGEMENT THAT IS SUBJECT TO SECTION 4975 OF THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “SECTION 4975CODE”), ) OR PLAN SUBJECT TO PROVISIONS UNDER ANY SUBSTANTIALLY SIMILAR OTHER FEDERAL, STATE, LOCAL OR LOCAL, NON-U.S. OR OTHER LAWS OR REGULATIONS THAT ARE SIMILAR TO SUCH PROVISIONS OF ERISA OR THE CODE (“SIMILAR LAWS”), OR (C) OF AN ENTITY THE WHOSE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “PLAN ASSETS” UNDER OF ANY SUCH PLAN, ACCOUNT OR ARRANGEMENT DESCRIBED IN (A) OR (IIB), OR (2) THE ACQUISITION AND HOLDING OF THE NOTES (OR ANY INTEREST THEREIN) BY SUCH PURCHASER OR TRANSFEREE DOES THIS SECURITY WILL NOT CONSTITUTE AND WILL NOT RESULT IN A NON-EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE OR A SIMILAR VIOLATION OF ANY PROVISIONS OF UNDER ANY APPLICABLE SIMILAR LAWS.

ERISA Legend. All Each Global Notes and Definitive Notes issued under this Indenture Note, Restricted Global Note or Unrestricted Global Note, shall bear a legend in substantially the following form: BY ITS ACCEPTANCE ACQUISITION OF A NOTE OR ANY INTEREST THEREINTHIS SECURITY, EACH PURCHASER AND SUBSEQUENT TRANSFEREE THE HOLDER THEREOF WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT EITHER (I1) NO PORTION OF THE ASSETS USED BY SUCH PURCHASER OR TRANSFEREE HOLDER TO ACQUIRE OR HOLD THIS SECURITY CONSTITUTES THE NOTES (OR AN INTEREST THEREIN) CONSTITUTES ASSETS OF ANY (A) AN “EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I PLAN” WITHIN THE MEANING OF SECTION 3(3) OF THE U.S. EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”)) THAT IS SUBJECT TO TITLE I OF ERISA, (B) A PLAN, INDIVIDUAL RETIREMENT ACCOUNT OR OTHER PLAN OR ARRANGEMENT THAT IS SUBJECT TO SECTION 4975 OF THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “SECTION 4975CODE”), ) OR PLAN SUBJECT TO PROVISIONS UNDER ANY SUBSTANTIALLY SIMILAR OTHER U.S. OR NON U.S. FEDERAL, STATE, LOCAL OR NON-U.S. OTHER LAWS OR REGULATIONS THAT ARE SIMILAR TO SUCH PROVISIONS OF ERISA OR THE CODE (“SIMILAR LAWS”), OR (C) AN ENTITY THE WHOSE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “PLAN ASSETS” UNDER ASSETS OF ANY SUCH PLAN, ACCOUNT OR ARRANGEMENT DESCRIBED IN (A) OR (IIB) PURSUANT TO ERISA OR OTHERWISE (HOLDERS DESCRIBED IN (A), (B) OR (C), “PLANS”), OR (2) THE ACQUISITION AND HOLDING OF THE NOTES (OR ANY INTEREST THEREIN) BY SUCH PURCHASER OR TRANSFEREE DOES THIS SECURITY WILL NOT CONSTITUTE AND WILL NOT RESULT IN A NON-EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE OR A SIMILAR VIOLATION OF ANY PROVISIONS OF UNDER ANY APPLICABLE SIMILAR LAWS.

ERISA Legend. All Global Notes and Definitive Notes issued under this Indenture shall will bear a legend in substantially the following form: BY ITS ACCEPTANCE THE HOLDER OF THIS NOTE REPRESENTS EITHER THAT (A) IT IS NOT A NOTE OR ANY INTEREST THEREIN, EACH PURCHASER AND SUBSEQUENT TRANSFEREE WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT EITHER PLAN (WHICH TERM INCLUDES (I) NO PORTION OF THE ASSETS USED BY SUCH PURCHASER OR TRANSFEREE TO ACQUIRE OR HOLD THE NOTES (OR AN INTEREST THEREIN) CONSTITUTES ASSETS OF ANY EMPLOYEE BENEFIT PLAN PLANS THAT IS ARE SUBJECT TO TITLE I OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“"ERISA”"), (II) PLANS, INDIVIDUAL RETIREMENT ACCOUNT OR ACCOUNTS AND OTHER PLAN OR ARRANGEMENT ARRANGEMENTS THAT IS ARE SUBJECT TO SECTION 4975 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (“SECTION 4975”THE "CODE"), OR PLAN SUBJECT TO ANY SUBSTANTIALLY SIMILAR PROVISIONS UNDER APPLICABLE FEDERAL, STATE, LOCAL OR LOCAL, NON-U.S. OR OTHER LAWS OR REGULATIONS THAT ARE SIMILAR TO SUCH PROVISIONS OF ERISA OR THE CODE (“"SIMILAR LAWS”), OR ENTITY ") AND (III) ENTITIES THE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “"PLAN ASSETS” " OF SUCH PLANS, ACCOUNTS AND ARRANGEMENTS) AND IT HAS NOT PURCHASED THE NOTES ON BEHALF OF, OR WITH THE "PLAN ASSETS" OF, ANY PLAN; OR (B) THE HOLDER'S PURCHASE, HOLDING AND SUBSEQUENT DISPOSITION OF THE NOTES EITHER (I) ARE NOT A PROHIBITED TRANSACTION UNDER ANY SUCH PLAN, ACCOUNT ERISA OR ARRANGEMENT THE CODE AND ARE OTHERWISE PERMISSIBLE UNDER ALL APPLICABLE SIMILAR LAWS OR (II) ARE ENTITLED TO EXEMPTIVE RELIEF FROM THE ACQUISITION AND HOLDING OF THE NOTES (OR ANY INTEREST THEREIN) BY SUCH PURCHASER OR TRANSFEREE DOES NOT CONSTITUTE AND WILL NOT RESULT IN A NON-EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 PROVISIONS OF ERISA AND THE CODE IN ACCORDANCE WITH ONE OR SECTION 4975 MORE AVAILABLE STATUTORY, CLASS OR A VIOLATION OF ANY PROVISIONS OF ANY INDIVIDUAL PROHIBITED TRANSACTION EXEMPTIONS AND ARE OTHERWISE PERMISSIBLE UNDER ALL APPLICABLE SIMILAR LAWS.

ERISA Legend. All Global Notes and Definitive Notes issued under this Indenture Applicable Securities shall bear a legend in substantially the following formlegend: “ANY PERSON ACQUIRING OR ACCEPTING THIS SECURITY OR AN INTEREST THEREIN WILL, BY ITS ACCEPTANCE OF A NOTE SUCH ACQUISITION OR ANY INTEREST THEREINACCEPTANCE, EACH PURCHASER AND SUBSEQUENT TRANSFEREE WILL BE DEEMED TO HAVE REPRESENTED REPRESENT AND WARRANTED WARRANT TO THE COMPANY AND THE TRUSTEE THAT EITHER EITHER: (I) NO PORTION OF THE ASSETS USED BY SUCH PURCHASER OR TRANSFEREE PERSON TO ACQUIRE OR AND HOLD THE NOTES (THIS SECURITY OR AN INTEREST THEREIN) THEREIN CONSTITUTES ASSETS OF ANY (A) EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”), (B) PLAN, INDIVIDUAL RETIREMENT ACCOUNT OR OTHER PLAN OR ARRANGEMENT THAT IS SUBJECT TO SECTION 4975 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “SECTION 4975CODE”), OR PLAN SUBJECT TO PROVISIONS UNDER ANY SUBSTANTIALLY SIMILAR FEDERAL, STATE, LOCAL OR LOCAL, NON-U.S. OR OTHER LAWS OR REGULATIONS THAT ARE SIMILAR TO SUCH PROVISIONS OF THE CODE OR ERISA (COLLECTIVELY, “SIMILAR LAWS”), OR (C) ENTITY THE WHOSE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “PLAN ASSETS” UNDER ANY OF SUCH PLANPLANS, ACCOUNT ACCOUNTS OR ARRANGEMENT ARRANGEMENTS, OR (II) THE ACQUISITION PURCHASE, HOLDING AND HOLDING CONVERSION OF THE NOTES (SECURITIES OR ANY INTEREST THEREIN) INTERESTS THEREIN BY SUCH PURCHASER OR TRANSFEREE DOES PERSON WILL NOT CONSTITUTE AND WILL NOT RESULT IN A NON-EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE OR A VIOLATION OF ANY PROVISIONS OF UNDER ANY APPLICABLE SIMILAR LAWS.”

ERISA Legend. All Global Notes and Definitive Notes issued under this Indenture shall Each Note will bear a legend in substantially the following formadditional legend: BY ITS ACCEPTANCE ACQUISITION OF A THIS NOTE (OR ANY INTEREST THEREININ THIS NOTE), EACH PURCHASER THE HOLDER THEREOF (AND SUBSEQUENT TRANSFEREE IF THE HOLDER IS A “PLAN” (AS DEFINED BELOW), ITS FIDUCIARY) WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT EITHER (I1) NO PORTION OF THE ASSETS USED BY SUCH PURCHASER OR TRANSFEREE HOLDER TO ACQUIRE OR HOLD THE NOTES THIS SECURITY (OR AN ANY INTEREST THEREININ THIS NOTE) CONSTITUTES THE ASSETS OF ANY EMPLOYEE BENEFIT (A) A PLAN THAT IS SUBJECT TO TITLE I OF THE U.S. EMPLOYEE RETIREMENT INCOME SECURITY NOTE ACT OF 1974, AS AMENDED (“ERISA”)) OR (B) A PLAN, INDIVIDUAL RETIREMENT ACCOUNT OR OTHER PLAN OR ARRANGEMENT THAT IS SUBJECT TO THE PROHIBITED TRANSACTION PROVISIONS OF SECTION 406 OF ERISA OR SECTION 4975 OF THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “SECTION 4975CODE”) (EACH OF (A) AND (B), AN “ERISA PLAN”) OR PLAN SUBJECT TO PROVISIONS UNDER ANY SUBSTANTIALLY SIMILAR OTHER FEDERAL, STATE, LOCAL OR LOCAL, NON-U.S. OR OTHER LAWS OR REGULATIONS THAT ARE SIMILAR TO SUCH PROVISIONS OF ERISA AND/OR THE CODE (“SIMILAR LAWS”), OR ENTITY THE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “PLAN ASSETS” UNDER ANY SUCH PLAN, ACCOUNT OR ARRANGEMENT ) OR (II2) (A) THE ACQUISITION AND HOLDING OF THE NOTES THIS NOTE (OR ANY INTEREST THEREININ THIS NOTE) BY SUCH PURCHASER OR TRANSFEREE DOES WILL NOT CONSTITUTE AND WILL NOT RESULT IN A NON-EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE OR A SIMILAR VIOLATION OF ANY PROVISIONS OF UNDER ANY APPLICABLE SIMILAR LAWSLAWS AND (B) IF THE HOLDER IS AN ERISA PLAN, A FIDUCIARY THAT IS AN “INDEPENDENT FIDUCIARY WITH FINANCIAL EXPERTISE” AS DESCRIBED IN THE U.S. CODE OF FEDERAL REGULATIONS, 29 C.F.R. SECTION 2510.3 21(C)(1), AS AMENDED FROM TIME TO TIME, IS ACQUIRING AND HOLDING THIS NOTE (OR ANY INTEREST IN THIS NOTE) ON BEHALF OF THE ERISA PLAN. FOR PURPOSES OF THE FOREGOING, “PLAN” MEANS AN “EMPLOYEE BENEFIT PLAN” AS DEFINED IN SECTION 3(3) OF ERISA WHETHER OR NOT SUBJECT TO TITLE I OF ERISA, A “PLAN” AS DEFINED IN SECTION 4975 OF THE CODE, OR ANY ENTITY OR ACCOUNT THAT IS DEEMED TO HOLD THE PLAN ASSETS OF ANY OF THE FOREGOING.

ERISA Legend. All Each Global Notes Security and each Definitive Security issued in exchange for a beneficial interest in a Global Security (and all Notes issued under this Indenture in exchange therefor or substitution thereof) shall bear a legend in substantially the following form: “BY ITS ACCEPTANCE OF THIS NOTE, EACH ACQUIRER AND SUBSEQUENT TRANSFEREE OF A NOTE OR ANY INTEREST THEREIN, EACH PURCHASER AND SUBSEQUENT TRANSFEREE WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT EITHER (IA) NO PORTION OF THE ASSETS USED BY SUCH PURCHASER ACQUIRER OR TRANSFEREE TO ACQUIRE OR AND HOLD THE NOTES (OR AN INTEREST THEREIN) NOTE CONSTITUTES ASSETS OF ANY EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“‘‘ERISA”’’), ANY PLAN, INDIVIDUAL RETIREMENT ACCOUNT OR OTHER PLAN OR ARRANGEMENT ARRANGEMENTS THAT IS ARE SUBJECT TO SECTION 4975 OF THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED (“SECTION 4975”THE ‘‘CODE’’), OR PLAN SUBJECT TO PROVISIONS UNDER ANY SUBSTANTIALLY SIMILAR FEDERAL, STATE, LOCAL OR LOCAL, NON-U.S. UNITED STATES OR OTHER LAWS OR REGULATIONS THAT ARE SIMILAR TO THE PROVISIONS OF ERISA OR THE CODE (“COLLECTIVELY, ‘‘SIMILAR LAWS”’’), OR ANY ENTITY THE WHOSE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “‘‘PLAN ASSETS” UNDER ANY ’’ OF SUCH PLAN, ACCOUNT OR AND ARRANGEMENT (EACH, A ‘‘PLAN’’) OR (IIB) THE ACQUISITION AND HOLDING OF THE NOTES (OR ANY INTEREST THEREIN) BY SUCH PURCHASER OR TRANSFEREE DOES NOTE WILL NOT CONSTITUTE AND WILL NOT RESULT IN A NON-NON- EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE OR A ANY SIMILAR VIOLATION OF ANY PROVISIONS OF UNDER ANY APPLICABLE SIMILAR LAWS.”

ERISA Legend. All Each Global Notes Note, each Definitive Note issued in exchange for a beneficial interest in a Global Note (and Definitive all Notes issued under this Indenture in exchange therefor or substitution thereof) shall bear a legend in substantially the following form: “BY ITS ACCEPTANCE ACQUISITION OF A NOTE OR ANY INTEREST THEREINTHIS SECURITY, EACH PURCHASER AND SUBSEQUENT TRANSFEREE THE HOLDER THEREOF WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT EITHER (I1) NO PORTION OF THE ASSETS USED BY SUCH PURCHASER OR TRANSFEREE HOLDER TO ACQUIRE OR HOLD THIS SECURITY OR ANY INTEREST HEREIN CONSTITUTES THE NOTES (OR AN INTEREST THEREIN) CONSTITUTES ASSETS OF ANY (A) AN EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I OF THE U.S. EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”), INDIVIDUAL RETIREMENT (B) ANY PLAN, ACCOUNT OR OTHER PLAN OR ARRANGEMENT THAT IS SUBJECT TO SECTION 4975 OF THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “SECTION 4975CODE”), OR PLAN SUBJECT TO PROVISIONS UNDER ANY SUBSTANTIALLY SIMILAR OTHER FEDERAL, STATE, LOCAL OR LOCAL, NON-U.S. OR OTHER LAWS OR REGULATIONS THAT ARE SUBSTANTIALLY SIMILAR TO SUCH PROVISIONS OF ERISA OR THE CODE (“SIMILAR LAWS”), OR (C) AN ENTITY THE WHOSE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “PLAN ASSETS” UNDER THE ASSETS OF ANY SUCH PLAN, ACCOUNT OR ARRANGEMENT ARRANGEMENT, OR (II2) THE ACQUISITION AND HOLDING OF THE NOTES (THIS SECURITY OR ANY INTEREST THEREIN) BY SUCH PURCHASER OR TRANSFEREE DOES HEREIN WILL NOT CONSTITUTE AND WILL NOT RESULT IN A NON-NON- EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE OR A SIMILAR VIOLATION OF ANY PROVISIONS OF UNDER ANY APPLICABLE SIMILAR LAWS.”

ERISA Legend. All Global Notes and Definitive Notes issued under this Indenture shall Each Note will bear a legend in substantially the following form: BY ITS ACCEPTANCE “EACH HOLDER OF A NOTE THIS SECURITY OR ANY INTEREST THEREIN, EACH PURCHASER AND SUBSEQUENT TRANSFEREE HEREIN WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED AS FOLLOWS THAT EITHER EITHER: (IA) NO PORTION OF THE ASSETS USED BY SUCH PURCHASER OR TRANSFEREE HOLDER TO ACQUIRE OR HOLD THIS SECURITY OR ANY INTEREST HEREIN CONSTITUTES THE NOTES (OR AN INTEREST THEREIN) CONSTITUTES ASSETS OF ANY (I) “EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I ” (WITHIN THE MEANING OF SECTION 3(3) OF THE U.S. EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”)) THAT IS SUBJECT TO TITLE I OF ERISA, (II) PLAN, INDIVIDUAL RETIREMENT ACCOUNT OR OTHER PLAN OR ARRANGEMENT THAT IS SUBJECT TO SECTION 4975 OF THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “SECTION 4975CODE”), ) OR PLAN SUBJECT TO PROVISIONS UNDER ANY SUBSTANTIALLY SIMILAR OTHER U.S. OR NON-U.S. FEDERAL, STATE, LOCAL OR NON-U.S. OTHER LAWS OR REGULATIONS THAT ARE SIMILAR TO SUCH PROVISIONS OF ERISA OR THE CODE (COLLECTIVELY, “SIMILAR LAWS”), OR ENTITY THE (III) ENTITIES WHOSE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE THE ASSETS OF ANY OF THE FOREGOING DESCRIBED IN CLAUSES (I) AND (II), PURSUANT TO ERISA OR OTHERWISE (EACH OF THE FOREGOING DESCRIBED IN CLAUSES (I), (II) AND (III) REFERRED TO AS A “PLAN ASSETS” UNDER ANY SUCH PLAN, ACCOUNT OR ARRANGEMENT ”); OR (IIB) THE ACQUISITION AND HOLDING OF THE NOTES (THIS SECURITY, OR ANY INTEREST THEREIN) HEREIN BY SUCH PURCHASER OR TRANSFEREE DOES HOLDER, WILL NOT CONSTITUTE AND WILL NOT RESULT IN A NON-EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE OR A SIMILAR VIOLATION OF ANY PROVISIONS OF UNDER ANY APPLICABLE SIMILAR LAWS.”

ERISA Legend. All Global Notes and Definitive Notes Each Note issued or exchanged under this Indenture shall bear a legend in substantially the following form: “BY ITS ACCEPTANCE ACQUISITION OF A THIS NOTE OR ANY INTEREST THEREINHEREIN, EACH PURCHASER AND SUBSEQUENT TRANSFEREE THE HOLDER THEREOF WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT EITHER (I1) NO PORTION OF THE ASSETS USED BY SUCH PURCHASER OR TRANSFEREE HOLDER TO ACQUIRE OR HOLD THIS NOTE OR ANY INTEREST HEREIN CONSTITUTES THE NOTES (OR AN INTEREST THEREIN) CONSTITUTES ASSETS OF ANY (I) AN EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I OF THE U.S. EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”), (II) A PLAN, INDIVIDUAL RETIREMENT ACCOUNT OR OTHER PLAN OR ARRANGEMENT THAT IS SUBJECT TO SECTION 4975 OF THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “SECTION 4975CODE”), ) Table of Contents OR PLAN SUBJECT TO PROVISIONS UNDER ANY SUBSTANTIALLY SIMILAR OTHER FEDERAL, STATE, LOCAL OR LOCAL, NON-U.S. OR OTHER LAWS OR REGULATIONS THAT ARE SIMILAR TO SUCH PROVISIONS OF ERISA OR THE CODE (“SIMILAR LAWS”), OR (III) AN ENTITY THE WHOSE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE THE “PLAN ASSETS” UNDER OF ANY SUCH PLANOF THE FOREGOING DESCRIBED IN CLAUSES (I) AND (II), ACCOUNT PURSUANT TO ERISA OR ARRANGEMENT OTHERWISE OR (II2) THE ACQUISITION AND HOLDING OF THE NOTES (THIS NOTE, OR ANY INTEREST THEREIN) BY SUCH PURCHASER OR TRANSFEREE DOES HEREIN, WILL NOT CONSTITUTE AND WILL NOT RESULT IN A NON-EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE OR A SIMILAR VIOLATION OF ANY PROVISIONS OF UNDER ANY APPLICABLE SIMILAR LAWS.”

ERISA Legend. All Each Global Notes Security and each Definitive Security issued in exchange for a beneficial interest in a Global Security (and all Notes issued under this Indenture in exchange therefor or substitution thereof) shall bear a legend in substantially the following form: “BY ITS ACCEPTANCE OF THIS NOTE, EACH ACQUIRER AND SUBSEQUENT TRANSFEREE OF A NOTE OR ANY INTEREST THEREIN, EACH PURCHASER AND SUBSEQUENT TRANSFEREE WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT EITHER (IA) NO PORTION OF THE ASSETS USED BY SUCH PURCHASER ACQUIRER OR TRANSFEREE TO ACQUIRE OR AND HOLD THE NOTES (OR AN INTEREST THEREIN) NOTE CONSTITUTES ASSETS OF ANY EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“‘‘ERISA”’’), ANY PLAN, INDIVIDUAL RETIREMENT ACCOUNT OR OTHER PLAN OR ARRANGEMENT ARRANGEMENTS THAT IS ARE SUBJECT TO SECTION 4975 OF THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED (“SECTION 4975”THE ‘‘CODE’’), OR PLAN SUBJECT TO PROVISIONS UNDER ANY SUBSTANTIALLY SIMILAR FEDERAL, STATE, LOCAL OR LOCAL, NON-U.S. UNITED STATES OR OTHER LAWS OR REGULATIONS THAT ARE SIMILAR TO THE PROVISIONS OF ERISA OR THE CODE (“COLLECTIVELY, ‘‘SIMILAR LAWS”’’), OR ANY ENTITY THE WHOSE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “‘‘PLAN ASSETS” UNDER ANY ’’ OF SUCH PLAN, ACCOUNT OR AND ARRANGEMENT (EACH, A ‘‘PLAN’’) OR (IIB) THE ACQUISITION AND HOLDING OF THE NOTES (OR ANY INTEREST THEREIN) BY SUCH PURCHASER OR TRANSFEREE DOES NOTE WILL NOT CONSTITUTE AND WILL NOT RESULT IN A NON-EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE OR A ANY SIMILAR VIOLATION OF ANY PROVISIONS OF UNDER ANY APPLICABLE SIMILAR LAWS.”

ERISA Legend. All Each Global Notes Note and each Definitive Note issued in exchange for a beneficial interest in a Global Note (and all Notes issued under this Indenture in exchange therefor or substitution thereof) shall bear a legend in substantially the following form: “BY ITS ACCEPTANCE ACQUISITION OF A NOTE THIS SECURITY OR ANY AN INTEREST THEREINHEREIN, EACH PURCHASER AND SUBSEQUENT TRANSFEREE THE HOLDER THEREOF WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT EITHER (I1) NO PORTION OF THE ASSETS USED BY SUCH PURCHASER OR TRANSFEREE HOLDER TO ACQUIRE OR HOLD THE NOTES (THIS SECURITY OR AN INTEREST THEREIN) HEREIN CONSTITUTES THE ASSETS OF ANY AN EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I OF THE U.S. EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”), OF A PLAN, INDIVIDUAL RETIREMENT ACCOUNT OR OTHER PLAN OR ARRANGEMENT THAT IS SUBJECT TO SECTION 4975 OF THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “SECTION 4975CODE”), ) OR PLAN SUBJECT TO PROVISIONS UNDER ANY SUBSTANTIALLY SIMILAR OTHER FEDERAL, STATE, LOCAL OR LOCAL, NON-U.S. OR OTHER LAWS OR REGULATIONS THAT ARE SIMILAR TO SUCH PROVISIONS OF ERISA OR THE CODE (“SIMILAR LAWS”), OR OF AN ENTITY THE WHOSE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “PLAN ASSETS” UNDER (AS DEFINED IN SECTION 3(42) OF ERISA OR ANY APPLICABLE SIMILAR LAWS) OF ANY SUCH PLAN, ACCOUNT OR ARRANGEMENT ARRANGEMENT, OR (II2) THE ACQUISITION AND HOLDING OF THE NOTES (THIS SECURITY OR ANY AN INTEREST THEREIN) BY SUCH PURCHASER OR TRANSFEREE DOES HEREIN WILL NOT CONSTITUTE AND WILL NOT RESULT IN A NON-EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE OR A SIMILAR VIOLATION OF ANY PROVISIONS OF UNDER ANY APPLICABLE SIMILAR LAWS.”

ERISA Legend. All Global Notes and Definitive Notes issued under this Indenture shall Each Note will bear a legend in substantially the following formadditional legend: BY ITS ACCEPTANCE ACQUISITION OF A THIS NOTE (OR ANY INTEREST THEREININ THIS NOTE), EACH PURCHASER THE HOLDER THEREOF (AND SUBSEQUENT TRANSFEREE IF THE HOLDER IS A “PLAN” (AS DEFINED BELOW), ITS FIDUCIARY) WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT EITHER (I1) NO PORTION OF THE ASSETS USED BY SUCH PURCHASER OR TRANSFEREE HOLDER TO ACQUIRE OR HOLD THE NOTES THIS SECURITY (OR AN ANY INTEREST THEREININ THIS NOTE) CONSTITUTES THE ASSETS OF ANY EMPLOYEE BENEFIT (A) A PLAN THAT IS SUBJECT TO TITLE I OF THE U.S. EMPLOYEE RETIREMENT INCOME SECURITY NOTE ACT OF 1974, AS AMENDED (“ERISA”)) OR (B) A PLAN, INDIVIDUAL RETIREMENT ACCOUNT OR OTHER PLAN OR ARRANGEMENT THAT IS SUBJECT TO THE PROHIBITED TRANSACTION PROVISIONS OF SECTION 406 OF ERISA OR SECTION 4975 OF THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “SECTION 4975CODE”) (EACH OF (A) AND (B), AN “ERISA PLAN”) OR PLAN SUBJECT TO PROVISIONS UNDER ANY SUBSTANTIALLY SIMILAR OTHER FEDERAL, STATE, LOCAL OR LOCAL, NON-U.S. OR OTHER LAWS OR REGULATIONS THAT ARE SIMILAR TO SUCH PROVISIONS OF ERISA AND/OR THE CODE (“SIMILAR LAWS”), OR ENTITY THE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “PLAN ASSETS” UNDER ANY SUCH PLAN, ACCOUNT OR ARRANGEMENT ) OR (II2) (A) THE ACQUISITION AND HOLDING OF THE NOTES THIS NOTE (OR ANY INTEREST THEREININ THIS NOTE) BY SUCH PURCHASER OR TRANSFEREE DOES WILL NOT CONSTITUTE AND WILL NOT RESULT IN A NON-EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE OR A SIMILAR VIOLATION OF ANY PROVISIONS OF UNDER ANY APPLICABLE SIMILAR LAWSLAWS AND (B) IF THE HOLDER IS AN ERISA PLAN, A FIDUCIARY THAT IS AN “INDEPENDENT FIDUCIARY WITH FINANCIAL EXPERTISE” AS DESCRIBED IN THE U.S. CODE OF FEDERAL REGULATIONS, 29 C.F.R. SECTION 2510.3-21(C)(1), AS AMENDED FROM TIME TO TIME, IS ACQUIRING AND HOLDING THIS NOTE (OR ANY INTEREST IN THIS NOTE) ON BEHALF OF THE ERISA PLAN. FOR PURPOSES OF THE FOREGOING, “PLAN” MEANS AN “EMPLOYEE BENEFIT PLAN” AS DEFINED IN SECTION 3(3) OF ERISA WHETHER OR NOT SUBJECT TO TITLE I OF ERISA, A “PLAN” AS DEFINED IN SECTION 4975 OF THE CODE, OR ANY ENTITY OR ACCOUNT THAT IS DEEMED TO HOLD THE PLAN ASSETS OF ANY OF THE FOREGOING.

ERISA Legend. All Each Global Notes Note and each Definitive Note issued in exchange for a beneficial interest in a Global Note (and all Notes issued under this Indenture in exchange therefor or substitution thereof) shall bear a legend in substantially the following form: “BY ITS ACCEPTANCE ACQUISITION OF A NOTE OR ANY INTEREST THEREINTHIS SECURITY, EACH PURCHASER AND SUBSEQUENT TRANSFEREE THE HOLDER THEREOF WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT EITHER (I1) NO PORTION OF THE ASSETS USED BY SUCH PURCHASER OR TRANSFEREE HOLDER TO ACQUIRE OR HOLD THIS SECURITY CONSTITUTES THE NOTES (OR AN INTEREST THEREIN) CONSTITUTES ASSETS OF ANY AN EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I OF THE U.S. EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”), OF A PLAN, INDIVIDUAL RETIREMENT ACCOUNT OR OTHER PLAN OR ARRANGEMENT THAT IS SUBJECT TO SECTION 4975 OF THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “SECTION 4975CODE”), OR ) (COLLECTIVELY WITH ANY PLAN THAT IS SUBJECT TO TITLE I OF ERISA, A “PLAN”) OR PROVISIONS UNDER ANY SUBSTANTIALLY SIMILAR OTHER FEDERAL, STATE, LOCAL LOCAL, NON‑U.S. OR NON-U.S. OTHER LAWS OR REGULATIONS THAT ARE SIMILAR TO SUCH PROVISIONS OF ERISA OR THE CODE (“SIMILAR LAWS”), OR OF AN ENTITY THE WHOSE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “PLAN ASSETS” UNDER OF ANY SUCH PLAN, ACCOUNT OR ARRANGEMENT ARRANGEMENT, OR (II2) THE ACQUISITION AND HOLDING OF THE NOTES (OR ANY INTEREST THEREIN) BY SUCH PURCHASER OR TRANSFEREE DOES THIS SECURITY WILL NOT CONSTITUTE AND WILL NOT RESULT IN A NON-EXEMPT NON‑EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE OR A SIMILAR VIOLATION OF ANY PROVISIONS OF UNDER ANY APPLICABLE SIMILAR LAWS. FURTHER, IF THE PURCHASER OR TRANSFEREE IS A PLAN, SUCH PURCHASER OR SUBSEQUENT TRANSFEREE WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED EACH OF THE FOLLOWING SUBPARAGRAPHS (A) THROUGH (E) WILL BE SATISFIED: (A) THE DECISION TO PURCHASE THE NOTES HAS BEEN MADE BY A “FIDUCIARY” (WITHIN THE MEANING OF SECTION 3(21) OF ERISA OR SECTION 4975(E)(3) OF THE CODE, AS APPLICABLE (EACH A “PLAN FIDUCIARY”)) WHO IS AWARE OF AND HAS TAKEN INTO CONSIDERATION ITS FIDUCIARY DUTIES, INCLUDING THE DIVERSIFICATION REQUIREMENTS OF SECTION 404(A)(1)(C) OF ERISA; AND WITH RESPECT TO A PURCHASER OR TRANSFEREE THAT IS A PLAN OR AN ENTITY WHOSE UNDERLYING ASSETS CONSTITUTE “PLAN ASSETS” OF A PLAN BY REASON OF AN INVESTMENT BY ONE OR MORE “BENEFIT PLAN INVESTORS” (AS DEFINED IN SECTION 3(42) OF ERISA), THE PLAN FIDUCIARY IS (1) A BANK AS DEFINED IN SECTION 202 OF THE INVESTMENT ADVISERS ACT OF 1940 (THE “ADVISERS ACT”) OR SIMILAR INSTITUTION THAT IS REGULATED AND SUPERVISED AND SUBJECT TO PERIODIC EXAMINATION BY A UNITED STATES STATE OR FEDERAL AGENCY; (2) AN INSURANCE CARRIER THAT IS QUALIFIED UNDER THE LAWS OF MORE THAN ONE UNITED STATES STATE TO PERFORM THE SERVICES OF MANAGING, ACQUIRING OR DISPOSING OF ASSETS OF A PLAN; (3) AN INVESTMENT ADVISER REGISTERED UNDER THE ADVISERS ACT OR, IF NOT REGISTERED AS AN INVESTMENT ADVISER UNDER THE ADVISERS ACT BY REASON OF PARAGRAPH (1) OF SECTION 203A OF THE ADVISERS ACT, IS REGISTERED AS AN INVESTMENT ADVISER UNDER THE LAWS OF THE UNITED STATES STATE (REFERRED TO IN SUCH PARAGRAPH (1)) IN WHICH IT MAINTAINS ITS PRINCIPAL OFFICE AND PLACE OF BUSINESS; (4) A BROKER‑DEALER REGISTERED UNDER THE SECURITIES EXCHANGE ACT OF 1934; OR (5) AN INDEPENDENT FIDUCIARY THAT HOLDS, OR HAS UNDER MANAGEMENT OR CONTROL, TOTAL ASSETS OF AT LEAST $50 MILLION. (B) THE PLAN FIDUCIARY: (1) IS SOLELY RESPONSIBLE FOR THE DECISION TO PURCHASE THE NOTES; (2) HAS DETERMINED THAT NONE OF US IS A “PARTY IN INTEREST” OR “DISQUALIFIED PERSON” (AS SUCH TERMS ARE DEFINED IN ERISA OR THE CODE, AS APPLICABLE) WITH RESPECT TO THE PLAN OR THAT NEITHER THE ACQUISITION NOR THE HOLDING OF THE NOTES CONSTITUTES A NON‑EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE, AS APPLICABLE; (3) IS QUALIFIED TO MAKE SUCH INVESTMENT DECISION AND TO THE EXTENT IT DEEMS NECESSARY HAS CONSULTED ITS OWN INVESTMENT ADVISERS AND LEGAL COUNSEL REGARDING THE ACQUISITION AND THE HOLDING OF THE NOTES; (4) IN MAKING ITS DECISION TO ACQUIRE THE NOTES, HAS NOT RELIED ON AND IS NOT RELYING ON ANY ADVICE OR RECOMMENDATION BY US OR ANY AGENT ENGAGED BY US WITH RESPECT TO THE ACQUISITION OF THE NOTES; (5) UNDERSTANDS THAT WE ARE NOT UNDERTAKING TO PROVIDE IMPARTIAL INVESTMENT ADVICE OR TO GIVE ADVICE IN A FIDUCIARY CAPACITY IN CONNECTION WITH THE ACQUISITION OF THE NOTES AND THAT WE HAVE FINANCIAL INTERESTS IN THE PLAN’S PURCHASE AND HOLDING OF THE NOTES, WHICH INTERESTS MAY CONFLICT WITH THE INTEREST OF SUCH PLAN AS MORE FULLY DESCRIBED IN THIS OFFERING CIRCULAR; (6) IS CAPABLE OF EVALUATING INVESTMENT RISKS INDEPENDENTLY, BOTH IN GENERAL AND WITH REGARD TO PARTICULAR TRANSACTIONS AND INVESTMENT STRATEGIES, INCLUDING WITH REGARD TO THE ACQUISITION AND HOLDING OF THE NOTES; AND (7) IS NOT THE INDIVIDUAL RETIREMENT ACCOUNT (“▇▇▇”) OWNER (IN THE CASE OF A PURCHASER WHICH IS AN ▇▇▇); (C) THE PLAN FIDUCIARY ACKNOWLEDGES AND AGREES THAT NEITHER WE NOR ANY AGENT ENGAGED BY US, WITH RESPECT TO THE PURCHASE OF THE NOTES, IS A “FIDUCIARY” (WITHIN THE MEANING OF SECTION 3(21) OF ERISA) WITH RESPECT TO ANY ASSETS OF THE PLAN AND THAT THE PLAN FIDUCIARY HAS NOT RELIED AND IS NOT RELYING ON US TO PROVIDE, AND NONE OF US PROVIDED, ANY KIND OF INVESTMENT ADVICE WITH RESPECT TO THE PURCHASE OF THE NOTES; (D) THE PLAN FIDUCIARY HAS CONSIDERED THE FOLLOWING WITH RESPECT TO THE PLAN’S PURCHASE OF THE NOTES AND HAS DETERMINED THAT, IN VIEW OF SUCH CONSIDERATIONS, THE PURCHASE OF THE NOTES IS CONSISTENT WITH SUCH PLAN FIDUCIARY’S RESPONSIBILITY UNDER ERISA OR THE CODE: (1) WHETHER THE PURCHASE OF THE NOTES IS PRUDENT FOR THE PLAN; (2) WHETHER THE RISK, STRUCTURE AND OPERATION OF THE COMPENSATION ARRANGEMENT HAS BEEN ADEQUATELY DISCLOSED AND FURTHERS THE INTERESTS OF THE PLAN; (3) WHETHER THE PLAN’S CURRENT AND ANTICIPATED LIQUIDITY NEEDS WOULD BE MET; (4) WHETHER THE PURCHASE OF THE NOTES WOULD PERMIT THE PLAN’S OVERALL PORTFOLIO TO REMAIN ADEQUATELY DIVERSIFIED; AND (5) WHETHER THE PURCHASE OF THE NOTES IS PERMITTED UNDER DOCUMENTS GOVERNING THE PLAN AND UNDER ERISA AND THE CODE; AND (E) NONE OF US, NOR ANY AGENT ENGAGED BY US WITH RESPECT TO THE PURCHASE OF THE NOTES, WILL RECEIVE ANY FEE OR OTHER COMPENSATION DIRECTLY FROM THE PLAN, PLAN FIDUCIARY, ANY PARTICIPANT, BENEFICIARY, OR OWNER OF SUCH PLAN FOR ANY INVESTMENT ADVICE (AS OPPOSED TO OTHER SERVICES) PROVIDED WITH RESPECT TO THE PURCHASE OF THE NOTES.”

ERISA Legend. All Global Notes and Definitive Notes issued under this Indenture Each Note shall bear a legend in substantially the following form: BY ITS ACCEPTANCE ACQUISITION OF A NOTE OR ANY INTEREST THEREINTHIS NOTE, EACH PURCHASER AND SUBSEQUENT TRANSFEREE THE HOLDER THEREOF WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT (1) EITHER (IA) NO PORTION OF THE ASSETS USED BY SUCH PURCHASER OR TRANSFEREE HOLDER TO ACQUIRE OR HOLD THE NOTES (OR AN INTEREST THEREIN) CONSTITUTES ASSETS OF ANY EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”), INDIVIDUAL RETIREMENT ACCOUNT OR OTHER PLAN OR ARRANGEMENT THAT IS SUBJECT TO SECTION 4975 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (“SECTION 4975”), OR PLAN SUBJECT TO ANY SUBSTANTIALLY SIMILAR FEDERAL, STATE, LOCAL OR NON-U.S. LAWS OR REGULATIONS (“SIMILAR LAWS”), OR ENTITY THE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “PLAN ASSETS” UNDER ANY SUCH PLAN, ACCOUNT OR ARRANGEMENT OR (II) THE ACQUISITION AND HOLDING OF THE NOTES THIS NOTE (OR ANY INTEREST THEREININ THIS NOTE) BY SUCH PURCHASER CONSTITUTES THE ASSETS OF A PLAN, OR TRANSFEREE DOES (2) THE ACQUISITION, HOLDING AND SUBSEQUENT DISPOSITION OF THIS NOTE (OR ANY INTEREST IN THIS NOTE) WILL NOT CONSTITUTE AND WILL NOT RESULT IN A NON-EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE OR A SIMILAR VIOLATION OF ANY PROVISIONS OF UNDER ANY APPLICABLE SIMILAR LAWSLAWS AND (2) IF THE HOLDER IS AN ERISA PLAN (A) NONE OF THE TRANSACTION PARTIES OR OTHER PERSONS THAT PROVIDE MARKETING SERVICES NOR ANY OF THEIR AFFILIATES HAS PROVIDED OR IS PROVIDING IMPARTIAL INVESTMENT ADVICE OR IS GIVING ANY ADVICE IN A FIDUCIARY CAPACITY IN CONNECTION WITH THE HOLDER’S ACQUISITION OF ANY NOTES OR ANY INTEREST THEREIN AND THE TRANSACTION PARTIES HAVE FINANCIAL INTERESTS IN THE OFFERING AND SALE OF THE NOTES WHICH ARE DISCLOSED IN THIS OFFERING MEMORANDUM OR AT THE TIME OF SALE, (B) THE PERSON MAKING THE INVESTMENT DECISION ON THE HOLDER’S BEHALF WITH RESPECT TO THE ACQUISITION AND HOLDING OF THE NOTES IS AN INDEPENDENT FIDUCIARY (WITHIN THE MEANING OF 29 CFR SECTION 2510.3-21) THAT IS INDEPENDENT OF EACH OF THE TRANSACTION PARTIES AND IS (1) A BANK AS DEFINED IN SECTION 202 OF THE INVESTMENT ADVISERS ACT OF 1940, AS AMENDED (THE “INVESTMENT ADVISERS ACT”) OR SIMILAR INSTITUTION THAT IS REGULATED AND SUPERVISED AND SUBJECT TO PERIODIC EXAMINATION BY A STATE OR FEDERAL AGENCY, (2) AN INSURANCE CARRIER QUALIFIED UNDER THE LAWS OF MORE THAN ONE STATE TO PERFORM THE SERVICES OF MANAGING, ACQUIRING OR DISPOSING OF ASSETS OF AN ERISA PLAN, (3) AN INVESTMENT ADVISER REGISTERED UNDER THE INVESTMENT ADVISERS ACT OR, IF NOT REGISTERED AN AS INVESTMENT ADVISER UNDER THE INVESTMENT ADVISERS ACT BY REASON OF PARAGRAPH (1) OF SECTION 203A OF THE INVESTMENT ADVISERS ACT, IS REGISTERED AS AN INVESTMENT ADVISER UNDER THE LAWS OF THE STATE (REFERRED TO IN SUCH PARAGRAPH (1)) IN WHICH IT MAINTAINS ITS PRINCIPAL OFFICE AND PLACE OF BUSINESS, (4) A BROKER-DEALER REGISTERED UNDER THE EXCHANGE ACT OR (5) AN INDEPENDENT FIDUCIARY THAT HOLDS, OR HAS UNDER MANAGEMENT OR CONTROL, TOTAL ASSETS OF AT LEAST $50 MILLION, EXCLUDING THE ▇▇▇ OWNER OR A RELATIVE OF THE ▇▇▇ OWNER IF THE HOLDER IS AN ▇▇▇ (THE “QUALIFIED INDEPENDENT FIDUCIARY”), (C) THE QUALIFIED INDEPENDENT FIDUCIARY IS CAPABLE OF EVALUATING INVESTMENT RISKS INDEPENDENTLY, BOTH IN GENERAL AND WITH REGARD TO PARTICULAR TRANSACTIONS AND STRATEGIES, INCLUDING THE ACQUISITION, HOLDING AND SUBSEQUENT DISPOSITION OF THE NOTES, (D) THE QUALIFIED INDEPENDENT FIDUCIARY IS A FIDUCIARY TO THE HOLDER UNDER ERISA OR THE CODE, OR BOTH, WITH RESPECT TO THE ACQUISITION, HOLDING AND SUBSEQUENT DISPOSITION OF THE NOTES AND IS RESPONSIBLE FOR EXERCISING INDEPENDENT JUDGMENT IN EVALUATING SUCH TRANSACTIONS AND (D) NO FEE OR OTHER COMPENSATION IS BEING PAID DIRECTLY TO ANY OF THE TRANSACTION PARTIES BY THE HOLDER OR THE QUALIFIED INDEPENDENT FIDUCIARY FOR INVESTMENT ADVICE (AS OPPOSED TO OTHER SERVICES) IN CONNECTION WITH THE ACQUISITION AND HOLDING OF THE NOTES.

ERISA Legend. All Global The Notes and Definitive Notes issued under this Indenture shall bear a legend substantially in substantially the following form: “BY ITS ACCEPTANCE OF A ACQUIRING THIS NOTE OR ANY INTEREST THEREIN, EACH PURCHASER HOLDER AND SUBSEQUENT EACH TRANSFEREE WILL BE IS DEEMED TO HAVE REPRESENTED REPRESENT, WARRANT AND WARRANTED AGREE THAT AT THE TIME OF ITS ACQUISITION AND THROUGHOUT THE PERIOD THAT IT HOLDS THIS NOTE OR ANY INTEREST THEREIN (1) THAT EITHER (IA) NO PORTION OF THE ASSETS USED BY SUCH PURCHASER HOLDER OR TRANSFEREE TO ACQUIRE OR HOLD THE NOTES (OR AN INTEREST THEREIN) CONSTITUTES ASSETS OF ANY AN EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I OF THE U.S. EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”), OF A PLAN, INDIVIDUAL RETIREMENT ACCOUNT OR OTHER PLAN OR ARRANGEMENT THAT IS SUBJECT TO SECTION 4975 OF THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “SECTION 4975CODE”), OR PLAN SUBJECT TO PROVISIONS UNDER ANY SUBSTANTIALLY SIMILAR OTHER FEDERAL, STATE, LOCAL OR LOCAL, NON-U.S. OR OTHER LAWS OR REGULATIONS THAT ARE SIMILAR TO TITLE I OF ERISA OR SECTION 4975 OF THE CODE (“SIMILAR LAWS”), OR OF AN ENTITY THE WHOSE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “PLAN ASSETS” UNDER OF ANY SUCH PLAN, ACCOUNT OR ARRANGEMENT OR (IIB) THE ACQUISITION AND HOLDING OF THE NOTES (OR ANY INTEREST THEREIN) BY SUCH PURCHASER HOLDER OR TRANSFEREE DOES WILL NOT CONSTITUTE AND WILL NOT RESULT IN A NON-EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE OR A SIMILAR VIOLATION OF ANY PROVISIONS OF UNDER ANY APPLICABLE SIMILAR LAWS.”

ERISA Legend. All Each Global Notes Security and each Definitive Security issued in exchange for a beneficial interest in a Global Security (and all Notes issued under this Indenture in exchange therefor or substitution thereof) shall bear a legend in substantially the following form: “BY ITS ACCEPTANCE AND HOLDING OF THIS NOTE (OR ANY INTEREST HEREIN), EACH ACQUIRER AND SUBSEQUENT TRANSFEREE (AND, IF SUCH ACQUIRER OR TRANSFEREE IS A PLAN (AS DEFINED BELOW), OR IS ACQUIRING THIS NOTE OR ANY INTEREST THEREINHEREIN WITH THE ASSETS OF A PLAN, EACH PURCHASER AND SUBSEQUENT TRANSFEREE ITS FIDUCIARY) OF THIS NOTE (OR ANY INTEREST HEREIN) WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT EITHER (IA) IT IS NOT, AND IS NOT ACTING ON BEHALF OF, AND NO PORTION OF THE ASSETS USED BY SUCH PURCHASER ACQUIRER OR TRANSFEREE TO ACQUIRE OR AND HOLD THE NOTES THIS NOTE (OR AN ANY INTEREST THEREINHEREIN) CONSTITUTES ASSETS OF ANY EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”), ANY PLAN, INDIVIDUAL RETIREMENT ACCOUNT OR OTHER PLAN OR ARRANGEMENT ARRANGEMENTS THAT IS ARE SUBJECT TO SECTION 4975 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “SECTION 4975CODE”), OR PLAN SUBJECT TO PROVISIONS UNDER ANY SUBSTANTIALLY SIMILAR FEDERAL, STATE, LOCAL OR LOCAL, NON-U.S. UNITED STATES OR OTHER LAWS OR REGULATIONS THAT ARE SIMILAR TO THE PROVISIONS OF ERISA OR THE CODE (COLLECTIVELY, “SIMILAR LAWS”), OR ANY ENTITY THE WHOSE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “PLAN ASSETS” UNDER ANY OF SUCH PLAN, ACCOUNT OR AND ARRANGEMENT (EACH, A “PLAN”) OR (IIB) THE ACQUISITION ACQUISITION, HOLDING AND HOLDING SUBSEQUENT DISPOSITION OF THE NOTES (THIS NOTE OR ANY INTEREST THEREIN) BY SUCH PURCHASER OR TRANSFEREE DOES HEREIN WILL NOT CONSTITUTE AND WILL NOT OR RESULT IN A NON-EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE OR A ANY SIMILAR VIOLATION OF ANY PROVISIONS OF UNDER ANY APPLICABLE SIMILAR LAWS.”

ERISA Legend. All Each Global Notes and Definitive Notes issued under this Indenture Note shall bear a legend in substantially the following form: “BY ITS ACCEPTANCE ACQUISITION OF A NOTE OR ANY INTEREST THEREINTHIS SECURITY, EACH PURCHASER THE HOLDER AND SUBSEQUENT TRANSFEREE THEREOF WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT EITHER (I1) NO PORTION OF THE ASSETS USED BY SUCH PURCHASER OR HOLDER AND EACH SUBSEQUENT TRANSFEREE TO ACQUIRE OR HOLD THIS SECURITY, OR ANY INTEREST HEREIN, CONSTITUTES THE NOTES (OR AN INTEREST THEREIN) CONSTITUTES ASSETS OF ANY AN EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I OF THE U.S. EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”), A PLAN, INDIVIDUAL RETIREMENT ACCOUNT OR OTHER PLAN OR ARRANGEMENT THAT IS SUBJECT TO SECTION 4975 OF THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “SECTION 4975CODE”), ) OR PLAN SUBJECT TO PROVISIONS UNDER ANY SUBSTANTIALLY SIMILAR OTHER U.S. OR NON-U.S. FEDERAL, STATE, LOCAL OR NON-U.S. OTHER LAWS OR REGULATIONS THAT ARE SIMILAR TO SUCH PROVISIONS OF ERISA OR THE CODE (“SIMILAR LAWS”), OR AN ENTITY THE WHOSE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “PLAN ASSETS” UNDER OF ANY SUCH PLAN, ACCOUNT OR ARRANGEMENT ARRANGEMENT, OR (II2) THE ACQUISITION AND HOLDING OF THE NOTES (THIS SECURITY, OR ANY INTEREST THEREIN) BY SUCH PURCHASER OR TRANSFEREE DOES HEREIN, WILL NOT CONSTITUTE AND WILL NOT RESULT IN A NON-EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE BY REASON OF AN APPLICABLE STATUTORY OR ADMINISTRATIVE EXEMPTION OR A SIMILAR VIOLATION OF ANY PROVISIONS OF UNDER ANY APPLICABLE SIMILAR LAWS.”

ERISA Legend. All Each Global Notes Security and each Definitive Security issued in exchange for a beneficial interest in a Global Security (and all Notes issued under this Indenture in exchange therefor or substitution thereof) shall bear a legend in substantially the following form: “BY ITS ACCEPTANCE OF A THIS NOTE, EACH ACQUIRER AND SUBSEQUENT TRANSFEREE OF THIS NOTE (OR ANY INTEREST THEREIN, EACH PURCHASER AND SUBSEQUENT TRANSFEREE HEREIN) WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT EITHER (IA) IT IS NOT, AND IS NOT ACTING ON BEHALF OF, AND NO PORTION OF THE ASSETS USED BY SUCH PURCHASER ACQUIRER OR TRANSFEREE TO ACQUIRE OR AND HOLD THE NOTES THIS NOTE (OR AN ANY INTEREST THEREINHEREIN) CONSTITUTES ASSETS OF ANY EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”), ANY PLAN, INDIVIDUAL RETIREMENT ACCOUNT OR OTHER PLAN OR ARRANGEMENT ARRANGEMENTS THAT IS ARE SUBJECT TO SECTION 4975 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “SECTION 4975CODE”), OR PLAN SUBJECT TO PROVISIONS UNDER ANY SUBSTANTIALLY SIMILAR FEDERAL, STATE, LOCAL OR LOCAL, NON-U.S. UNITED STATES OR OTHER LAWS OR REGULATIONS THAT ARE SIMILAR TO THE PROVISIONS OF ERISA OR THE CODE (COLLECTIVELY, “SIMILAR LAWS”), OR ANY ENTITY THE WHOSE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “PLAN ASSETS” UNDER ANY OF SUCH PLAN, ACCOUNT OR AND ARRANGEMENT (EACH, A “PLAN”) OR (IIB) THE ACQUISITION ACQUISITION, HOLDING AND HOLDING SUBSEQUENT DISPOSITION OF THE NOTES THIS NOTE (OR ANY INTEREST THEREINHEREIN) BY SUCH PURCHASER OR TRANSFEREE DOES WILL NOT CONSTITUTE AND WILL NOT OR RESULT IN A NON-EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE OR A ANY SIMILAR VIOLATION OF ANY PROVISIONS OF UNDER ANY APPLICABLE SIMILAR LAWS.”

ERISA Legend. All Each Global Notes Note and each Definitive Note (and all Notes issued under this Indenture in exchange therefor or substitution thereof) shall bear a the legend in substantially the following form: AMERICAS 129712752 49 “BY ACCEPTING THIS NOTE (OR AN INTEREST IN THE NOTES REPRESENTED HEREBY) EACH ACQUIRER AND EACH TRANSFEREE IS DEEMED TO REPRESENT, WARRANT AND AGREE, AT THE TIME OF ITS ACCEPTANCE OF A ACQUISITION AND THROUGHOUT THE PERIOD THAT IT HOLDS THIS NOTE OR ANY INTEREST THEREINHEREIN, EACH PURCHASER AND SUBSEQUENT TRANSFEREE WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT (1) EITHER (IA) NO PORTION OF THE ASSETS USED BY SUCH PURCHASER ACQUIRER OR TRANSFEREE TO ACQUIRE IS NOT, AND IT IS NOT ACTING ON BEHALF OF (AND FOR SO LONG AS IT HOLDS THIS NOTE OR HOLD THE NOTES (OR ANY INTEREST HEREIN IT WILL NOT BE, AND WILL NOT BE ACTING ON BEHALF OF), AN INTEREST THEREIN) CONSTITUTES ASSETS OF ANY EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I (AS DEFINED IN SECTION 3(3) OF THE UNITED STATES EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”)), INDIVIDUAL RETIREMENT ACCOUNT OR OTHER PLAN OR ARRANGEMENT THAT IS SUBJECT TO THE PROVISIONS OF PART 4 OF SUBTITLE B OF TITLE I OF ERISA, A PLAN TO WHICH SECTION 4975 OF THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “CODE”), APPLIES, OR ANY ENTITY WHOSE UNDERLYING ASSETS INCLUDE “PLAN ASSETS” (WITHIN THE MEANING OF 29 C.F.R. SECTION 49752510.3-101 (AS MODIFIED BY SECTION 3(42) OF ERISA)) BY REASON OF SUCH AN EMPLOYEE BENEFIT PLAN’S AND/OR PLAN’S INVESTMENT IN SUCH ENTITY (EACH, A “BENEFIT PLAN INVESTOR”), OR A GOVERNMENTAL, CHURCH OR NON-U.S. PLAN WHICH IS SUBJECT TO ANY SUBSTANTIALLY SIMILAR FEDERAL, STATE, LOCAL OR LOCAL, NON-U.S. OR OTHER LAWS OR REGULATIONS THAT ARE SUBSTANTIALLY SIMILAR TO THE PROHIBITED TRANSACTION PROVISIONS OF SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE (“SIMILAR LAWS”), OR ENTITY THE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “PLAN ASSETS” UNDER ANY SUCH PLAN, ACCOUNT OR ARRANGEMENT OR (II) THE ACQUISITION AND HOLDING NO PART OF THE NOTES (ASSETS USED BY IT TO ACQUIRE OR HOLD THIS NOTE OR ANY INTEREST THEREINHEREIN CONSTITUTES THE ASSETS OF ANY BENEFIT PLAN INVESTOR OR SUCH A GOVERNMENTAL, CHURCH OR NON-U.S. PLAN, OR (B) BY SUCH PURCHASER ITS ACQUISITION, HOLDING AND DISPOSITION OF THIS NOTE OR TRANSFEREE ANY INTEREST HEREIN DOES NOT CONSTITUTE AND WILL NOT CONSTITUTE OR RESULT IN A NON-EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA AND/OR SECTION 4975 OF THE CODE (OR, IN THE CASE OF A GOVERNMENTAL, CHURCH OR NON-U.S. PLAN, A VIOLATION OF ANY PROVISIONS SIMILAR LAWS); AND (2) NONE OF THE COMPANY, THE INITIAL PURCHASERS OR THE GUARANTORS OR ANY OF THEIR RESPECTIVE AFFILIATES IS UNDERTAKING TO ACT AS A “FIDUCIARY” (WITHIN THE MEANING OF SECTION 3(21) OF ERISA OR SECTION 4975 OF THE CODE OR, WITH RESPECT TO A GOVERNMENTAL, CHURCH OR NON-U.S. PLAN, ANY DEFINITION OF “FIDUCIARY” UNDER SIMILAR LAWS) WITH RESPECT TO THE PURCHASER OR HOLDER IN CONNECTION WITH ANY PURCHASE OR HOLDING OF THIS NOTE, OR AS A RESULT OF ANY APPLICABLE SIMILAR LAWSEXERCISE BY THE COMPANY. THE INITIAL PURCHASERS OR THE GUARANTORS OR ANY OF THEIR RESPECTIVE AFFILIATES OF ANY RIGHTS IN CONNECTION WITH THIS NOTE, AND NO ADVICE PROVIDED BY THE COMPANY, THE INITIAL PURCHASERS OR THE GUARANTORS OR ANY OF THEIR RESPECTIVE AFFILIATES HAS FORMED A PRIMARY BASIS FOR ANY INVESTMENT DECISION BY OR ON BEHALF OF THE PURCHASER OR HOLDER IN CONNECTION WITH THIS NOTE AND THE TRANSACTIONS CONTEMPLATED WITH RESPECT TO THIS NOTE.”

ERISA Legend. All Each Global Notes and Definitive Notes issued under this Indenture Note, whether or not an Exchange Note, Restricted Global Note or Unrestricted Global Note, shall bear a legend in substantially the following form: BY ITS ACCEPTANCE ACQUISITION OF A NOTE OR ANY INTEREST THEREINTHIS SECURITY, EACH PURCHASER AND SUBSEQUENT TRANSFEREE THE HOLDER THEREOF WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT EITHER (I1) NO PORTION OF THE ASSETS USED BY SUCH PURCHASER OR TRANSFEREE HOLDER TO ACQUIRE OR HOLD THIS SECURITY CONSTITUTES THE NOTES (OR AN INTEREST THEREIN) CONSTITUTES ASSETS OF ANY AN EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I OF THE U.S. EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”), OF A PLAN, INDIVIDUAL RETIREMENT ACCOUNT OR OTHER PLAN OR ARRANGEMENT THAT IS SUBJECT TO SECTION 4975 OF THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “SECTION 4975”), CODE’) OR PLAN SUBJECT TO PROVISIONS UNDER ANY SUBSTANTIALLY SIMILAR OTHER FEDERAL, STATE, LOCAL OR LOCAL, NON-U.S. OR OTHER LAWS OR REGULATIONS THAT ARE SIMILAR TO SUCH PROVISIONS OF ERISA OR THE CODE (“‘SIMILAR LAWS”), OR OF AN ENTITY THE WHOSE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “PLAN ASSETS” UNDER OF ANY SUCH PLAN, ACCOUNT OR ARRANGEMENT ARRANGEMENT, OR (II2) THE ACQUISITION AND HOLDING OF THE NOTES (OR ANY INTEREST THEREIN) BY SUCH PURCHASER OR TRANSFEREE DOES THIS SECURITY WILL NOT CONSTITUTE AND WILL NOT RESULT IN A NON-EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE OR A SIMILAR VIOLATION OF ANY PROVISIONS OF UNDER ANY APPLICABLE SIMILAR LAWS.

ERISA Legend. All Each Global Notes Note and each Definitive Notes issued under this Indenture Note shall bear a legend in substantially the following form: “BY ITS ACCEPTANCE ACQUISITION OF A NOTE OR ANY INTEREST THEREINTHIS SECURITY, EACH PURCHASER AND SUBSEQUENT TRANSFEREE THE HOLDER THEREOF WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT EITHER (I1) NO PORTION OF THE ASSETS USED BY SUCH PURCHASER OR TRANSFEREE HOLDER TO ACQUIRE OR HOLD THIS SECURITY CONSTITUTES THE NOTES (OR AN INTEREST THEREIN) CONSTITUTES ASSETS OF ANY AN EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I OF THE U.S. EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”), OF A PLAN, INDIVIDUAL RETIREMENT ACCOUNT OR OTHER PLAN OR ARRANGEMENT THAT IS SUBJECT TO SECTION 4975 OF THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “SECTION 4975CODE”), ) OR PLAN SUBJECT TO PROVISIONS UNDER ANY SUBSTANTIALLY SIMILAR OTHER FEDERAL, STATE, LOCAL OR LOCAL, NON-U.S. OR OTHER LAWS OR REGULATIONS THAT ARE SIMILAR TO SUCH PROVISIONS OF ERISA OR THE CODE (“SIMILAR LAWS”), OR OF AN ENTITY THE WHOSE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “PLAN ASSETS” UNDER OF ANY SUCH PLAN, ACCOUNT OR ARRANGEMENT ARRANGEMENT, OR (II2) THE ACQUISITION ACQUISITION, HOLDING AND HOLDING SUBSEQUENT DISPOSITION OF THE NOTES (OR ANY INTEREST THEREIN) BY SUCH PURCHASER OR TRANSFEREE DOES THIS SECURITY WILL NOT CONSTITUTE AND WILL NOT RESULT IN A NON-EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE OR A SIMILAR VIOLATION OF ANY PROVISIONS OF UNDER ANY APPLICABLE SIMILAR LAWS.”

ERISA Legend. All Each Global Notes Note and each Definitive Note issued in exchange for a beneficial interest in a Global Note (and all Notes issued under this Indenture in exchange therefor or substitution thereof) shall bear a legend in substantially the following form: “BY ITS ACCEPTANCE ACQUISITION OF A NOTE OR ANY INTEREST THEREINTHIS SECURITY, EACH PURCHASER AND SUBSEQUENT TRANSFEREE THE HOLDER THEREOF WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT EITHER (I1) NO PORTION OF THE ASSETS USED BY SUCH PURCHASER OR TRANSFEREE HOLDER TO ACQUIRE OR HOLD THIS SECURITY CONSTITUTES THE NOTES (OR AN INTEREST THEREIN) CONSTITUTES ASSETS OF ANY AN EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I OF THE U.S. EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”), OF A PLAN, INDIVIDUAL RETIREMENT ACCOUNT OR OTHER PLAN OR ARRANGEMENT THAT IS SUBJECT TO SECTION 4975 OF THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “SECTION 4975CODE”), OR ) (COLLECTIVELY WITH ANY PLAN THAT IS SUBJECT TO TITLE I OF ERISA, A “PLAN”) OR PROVISIONS UNDER ANY SUBSTANTIALLY SIMILAR OTHER FEDERAL, STATE, LOCAL LOCAL, NON‑U.S. OR NON-U.S. OTHER LAWS OR REGULATIONS THAT ARE SIMILAR TO SUCH PROVISIONS OF ERISA OR THE CODE (“SIMILAR LAWS”), OR OF AN ENTITY THE WHOSE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “PLAN ASSETS” UNDER OF ANY SUCH PLAN, ACCOUNT OR ARRANGEMENT ARRANGEMENT, OR (II2) THE ACQUISITION AND HOLDING OF THE NOTES (OR ANY INTEREST THEREIN) BY SUCH PURCHASER OR TRANSFEREE DOES THIS SECURITY WILL NOT CONSTITUTE AND WILL NOT RESULT IN A NON-EXEMPT NON‑EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE OR A SIMILAR VIOLATION OF ANY PROVISIONS OF UNDER ANY APPLICABLE SIMILAR LAWS.. FURTHER, IF THE PURCHASER OR TRANSFEREE IS A PLAN, SUCH PURCHASER OR SUBSEQUENT TRANSFEREE WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT EACH OF THE FOLLOWING SUBPARAGRAPHS (A) THROUGH (C) WILL BE SATISFIED:

ERISA Legend. All Each Global Notes Note, each Definitive Note issued in exchange for a beneficial interest in a Global Note (and Definitive all Notes issued under this Indenture in exchange therefor or substitution thereof) shall bear a legend in substantially the following form: “BY ITS ACCEPTANCE ACQUISITION OF A NOTE OR ANY INTEREST THEREINTHIS SECURITY, EACH PURCHASER AND SUBSEQUENT TRANSFEREE THE HOLDER THEREOF WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT EITHER (I1) NO PORTION OF THE ASSETS USED BY SUCH PURCHASER OR TRANSFEREE HOLDER TO ACQUIRE OR HOLD THIS SECURITY OR ANY INTEREST HEREIN CONSTITUTES THE NOTES (OR AN INTEREST THEREIN) CONSTITUTES ASSETS OF ANY (A) AN “EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I PLAN” WITHIN THE MEANING OF SECTION 3(3) OF THE U.S. EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”)) THAT IS SUBJECT TO TITLE I OF ERISA, INDIVIDUAL RETIREMENT (B) ANY PLAN, ACCOUNT OR OTHER PLAN OR ARRANGEMENT THAT IS SUBJECT TO SECTION 4975 OF THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “SECTION 4975CODE”), OR PLAN SUBJECT TO PROVISIONS UNDER ANY SUBSTANTIALLY SIMILAR OTHER U.S. OR NON-U.S. FEDERAL, STATE, LOCAL OR NON-U.S. OTHER LAWS OR REGULATIONS THAT ARE SUBSTANTIALLY SIMILAR TO SUCH PROVISIONS OF ERISA OR THE CODE (“SIMILAR LAWS”), OR (C) AN ENTITY THE WHOSE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “PLAN ASSETS” UNDER THE ASSETS OF ANY SUCH PLAN, ACCOUNT OR ARRANGEMENT DESCRIBED IN CLAUSES (I) and (II) PURSUANT TO ERISA OR OTHERWISE, OR (II2) THE ACQUISITION AND HOLDING OF THE NOTES (THIS SECURITY OR ANY INTEREST THEREIN) BY SUCH PURCHASER OR TRANSFEREE DOES HEREIN WILL NOT CONSTITUTE AND WILL NOT RESULT IN A NON-EXEMPT PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE OR A SIMILAR VIOLATION OF ANY PROVISIONS OF UNDER ANY APPLICABLE SIMILAR LAWS.”