Establishment of the Notes. (a) The Notes shall constitute a series of Securities having the title “4.75% Senior Notes due 2019” and shall be designated as Senior Securities under the Indenture. The Notes shall bear a CUSIP number of 00000XXX0 and an ISIN number of US74348YMA63.
(b) The aggregate principal amount of the Notes that may be initially authenticated and delivered under the Indenture (except for Notes authenticated and delivered upon registration of, transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 3.04, 3.05, 3.06, 9.06 or 11.07 of the Base Indenture) shall be $40,000,000. Under a Board Resolution, Officers’ Certificate pursuant to Board Resolutions or an indenture supplement, the Company may from time to time, without the consent of the Holders of Notes, issue additional Notes (in any such case “Additional Notes”) having the same ranking and the same interest rate, maturity and other terms as the Notes. Any Additional Notes and the existing Notes will constitute a single series under the Indenture and all references to the relevant Notes herein shall include the Additional Notes unless the context otherwise requires. No Additional Notes may be issued hereunder if an Event of Default with respect to the Note occurs and is continuing.
Establishment of the Notes. There is hereby authorized and established a series of Securities designated the 8.125% Series Notes due 2011, limited in aggregate principal amount to $200,000,000 (except as provided in Section 301(2) of the Original Indenture); provided that the Company may, without the consent of the Holders of the Outstanding Notes, "reopen" this series of Securities so as to increase the aggregate principal amount of Notes Outstanding in compliance with the procedures set forth in the Indenture, including Sections 301 and 303 thereof, so long as any such additional Notes have the same tenor and terms (including, without limitation, rights to receive accrued and unpaid interest) as the Notes then Outstanding.
Establishment of the Notes. In accordance with Section 3.1 of the Indenture, the Company hereby establishes the Notes as a new series of its Securities pursuant to the Indenture. The Notes shall be issued initially in an aggregate principal amount of $450,000,000.
Establishment of the Notes. There is hereby authorized a series of Securities designated the 6.75% Notes due July 15, 2036, limited in aggregate principal amount to $250,000,000 (except as provided in Section 301(2) of the Indenture and as set forth in the next sentence). The Company may, without the consent of the Holders of the Notes, provided that no Event of Default shall have occurred and be continuing, issue additional Notes in such principal amount as shall be determined by or pursuant to a Board Resolution and having the same ranking and the same interest rate, maturity and other terms (except for the initial interest accrual date and the initial Interest Payment Date) as the Notes originally issued hereunder, which together with said additional Notes shall constitute a single series of Securities under the Indenture. The Notes shall be substantially in the form of Note set forth in Exhibit A hereto.
Establishment of the Notes. (a) There is hereby authorized and established a series of Securities designated the 7.375% Senior Notes due 2046, limited in aggregate principal amount to $150,000,000 (or $172,500,000 if the Underwriters' option to purchase additional Notes set forth in the Underwriting Agreement is exercised in full)(in each case, except as provided in Section 301(2) of the Original Indenture); provided that the Company may, without the consent of the Holders of the Outstanding Notes, "reopen" this series of Securities so as to increase the aggregate principal amount of Notes Outstanding in compliance with the procedures set forth in the Indenture, including Sections 301 and 303 thereof, so long as any such additional Notes have the same tenor and terms (including, without limitation, rights to receive accrued and unpaid interest) as the Notes then Outstanding.
Establishment of the Notes. (a) There is hereby authorized and established a series of Securities designated the 5.200% Senior Notes due 2015, limited in aggregate principal amount to $350,000,000 (except as provided in Section 301(2) of the Original Indenture); provided that the Company may, without the consent of the Holders of the Outstanding Notes, "reopen" this series of Securities so as to increase the aggregate principal amount of Notes Outstanding in compliance with the procedures set forth in the Indenture, including Sections 301 and 303 thereof, so long as any such additional Notes have the same tenor and terms (including, without limitation, rights to receive accrued and unpaid interest) as the Notes then Outstanding.
(b) There is hereby authorized and established a series of Securities designated the 6.000% Senior Notes due 2035, limited in aggregate principal amount to $300,000,000 (except as provided in Section 301(2) of the Original Indenture); provided that the Company may, without the consent of the Holders of the Outstanding Notes, "reopen" this series of Securities so as to increase the aggregate principal amount of Notes Outstanding in compliance with the procedures set forth in the Indenture, including Sections 301 and 303 thereof, so long as any such additional Notes have the same tenor and terms (including, without limitation, rights to receive accrued and unpaid interest) as the Notes then Outstanding.
Establishment of the Notes. There is hereby authorized a series of Securities designated the 9.25% Notes due March 15, 2004, limited in aggregate principal amount to $1,400,000,000 (except as provided in Section 2.3(2) of the Original Indenture). The Issuer may, without the consent of the Holders of the Notes, provided that no Event of Default shall have occurred and be continuing, issue additional Notes in such principal amount as shall be determined by or pursuant to a Board Resolution and having the same ranking and the same interest rate, maturity or other terms as the Notes originally issued hereunder, which together with said additional Notes shall constitute a single series of Securities under the Indenture. The Notes shall be substantially in the form set forth in Exhibit A hereto and shall include substantially the legends set forth on the face thereof.
Establishment of the Notes. There is hereby authorized and established a series of Securities designated the 7[ ]% Senior Notes due 2011, limited in aggregate principal amount to $500,000,000 (except as provided in Section 301(2) of the Original Indenture); provided that the Company may, without the consent of the Holders of the Outstanding Notes, "reopen" this series of Securities so as to increase the aggregate principal amount of Notes Outstanding in compliance with the procedures set forth in the Indenture, including Sections 301 and 303 thereof, so long as (i) any such additional Notes are issued prior to the first date on which any Registration Statement is filed with the Commission, (ii) any such additional Notes have the same tenor and terms (including, without limitation, rights to receive accrued and unpaid interest) as the Notes then Outstanding, (iii) appropriate provision is made by the Company so that any such additional Notes may be tendered for Exchange Notes pursuant to the Exchange Offer and, if applicable, registered pursuant to a Shelf Registration Statement in the same manner as the Notes originally issued on the Closing Date, and (iv) any such additional Notes are not treated as issued with original issue discount for U.S. federal income tax purposes.
Establishment of the Notes. SECTION 2.01. Designation and Establishment 3 SECTION 2.02. Form of the Notes 3 SECTION 2.03. Principal Amount of the Notes 4 SECTION 2.04. Interest Rates; Stated Maturity 4 SECTION 2.05. No Sinking Fund 4 SECTION 2.06. Global Notes and Denomination of the Notes 4 SECTION 2.07. Optional Redemption 4 SECTION 2.08. Change of Control Repurchase Event 4
Establishment of the Notes
