Common use of Execution, Authentication and Denomination Clause in Contracts

Execution, Authentication and Denomination. One Officer of the Issuer (who shall have been duly authorized by all requisite corporate actions) shall sign the Notes for such Issuer by manual or facsimile signature. One Officer of a Guarantor (who shall have been duly authorized by all requisite corporate actions) shall sign the Note Guarantee for such Guarantor by manual or facsimile signature. If an Officer whose signature is on a Note or Note Guarantee, as the case may be, was an Officer at the time of such execution but no longer holds that office at the time the Trustee authenticates the Note, the Note shall nevertheless be valid. A Note (and the Note Guarantees in respect thereof) shall not be valid until an authorized signatory of the Trustee manually signs the certificate of authentication on the Note. The signature shall be conclusive evidence that the Note has been authenticated under this Indenture. The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is limited to $69,300,000, except for Notes authenticated and delivered upon registration of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.06, Section 2.07, and Section 2.10. The Notes shall be known and designated as the “9.5% Senior Secured Notes due 2015” of the Issuer. The principal amount shall be payable at the Maturity Date. The Trustee shall authenticate the Notes on the Issue Date and from time to time thereafter upon a written order of the Issuer in the form of a certificate of an Officer of the Issuer (an “Authentication Order”). The Authentication Order shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated and whether the Notes are to be issued as certificated Notes or Global Notes or such other information as the Trustee may reasonably request. The Trustee may appoint an authenticating agent reasonably acceptable to the Issuer to authenticate Notes. Unless otherwise provided in the appointment, an authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with the Issuer and Affiliates of the Issuer. The Trustee shall have the right to decline to authenticate and deliver any Notes under this Indenture if the Trustee, being advised by counsel, determines that such action may not lawfully be taken or if the Trustee in good faith shall determine that such action would expose the Trustee to personal liability. The Notes shall be issuable only in registered form without coupons in denominations of $1.00 and integral multiples thereof.

Execution, Authentication and Denomination. One Officer of each of the Issuer Issuers (who shall have been duly authorized by all requisite corporate or other entity actions) shall sign the Notes for such each Issuer by manual manual, facsimile, .pdf attachment or facsimile signature. One Officer of a Guarantor (who shall have been duly authorized by all requisite corporate actions) shall sign the Note Guarantee for such Guarantor by manual or facsimile other electronically transmitted signature. If an Officer whose signature is on a Note or Note Guarantee, as the case may be, was an Officer at the time of such execution but no longer holds that office at the time the Trustee authenticates the Note, the Note shall nevertheless be valid. A Note (and the Note Guarantees in respect thereof) shall not be valid until an authorized signatory of the Trustee manually signs the certificate of authentication on the Note. The signature shall be conclusive evidence that the Note has been authenticated under this Indenture. The aggregate principal amount Trustee’s certificate of Notes that may be authenticated and delivered under this Indenture is limited to $69,300,000, except for Notes authenticated and delivered upon registration of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.06, Section 2.07, and Section 2.10. The Notes authentication shall be known and designated as substantially in the “9.5% Senior Secured Notes due 2015” following form: This is one of the IssuerNotes of the series designated therein described in the within-mentioned Indenture. The principal amount shall be payable at the Maturity Date. Dated: THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee, By Authorized Signatory The Trustee shall authenticate the Notes on the Issue Date and from time to time thereafter upon a written order of the Issuer Issuers in the form of a certificate of an Officer of the each Issuer (an “Authentication Order”). The Each such Authentication Order shall specify the amount of Notes to be authenticated and the date on which the such Notes are to be authenticated and authenticated, whether the such Notes are to be issued as certificated Physical Notes or Global Notes or and such other information as the Trustee may reasonably request. The Trustee may appoint an authenticating agent reasonably acceptable to the Issuer Issuers to authenticate Notes. Unless otherwise provided in the appointment, an authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with the Issuer Issuers and Affiliates of the Issuer. The Trustee shall have the right to decline to authenticate and deliver any Notes under this Indenture if the Trustee, being advised by counsel, determines that such action may not lawfully be taken or if the Trustee in good faith shall determine that such action would expose the Trustee to personal liabilityIssuers. The Notes shall be issuable only in registered form without coupons in denominations of $1.00 2,000 and integral multiples of $1,000 in excess thereof.

Execution, Authentication and Denomination. One Officer of the Issuer (who shall have been duly authorized by all requisite corporate actions) shall sign the Notes for such Issuer by manual or facsimile signature. One Officer of a Guarantor (who shall have been duly authorized by all requisite corporate actions) shall sign the Note Guarantee for such Guarantor by manual or facsimile signature. If an Officer whose signature is on a Note or Note Guarantee, as the case may be, was an Officer at the time of such execution but no longer holds that office at the time the Trustee authenticates the Note, the Note shall nevertheless be valid. A Note (and the Note Guarantees in respect thereof) shall not be valid until an authorized signatory of the Trustee manually signs the certificate of authentication on the Note. The signature shall be conclusive evidence that the Note has been authenticated under this Indenture. The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is limited to $69,300,00055,000,000, except for Notes authenticated and delivered upon registration of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.06, Section 2.07, and Section 2.10. The Notes shall be known and designated as the “9.5% Convertible Senior Secured Notes due 2015” of the Issuer. The principal amount shall be payable at the Maturity Date. The Trustee shall authenticate the Notes on the Issue Date and from time to time thereafter upon a written order of the Issuer Company in the form of a certificate of an Officer of the Issuer Company (an “Authentication Order”). The Authentication Order shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated and whether the Notes are to be issued as certificated Notes or Global Notes or such other information as the Trustee may reasonably request. The Trustee may appoint an authenticating agent reasonably acceptable to the Issuer to authenticate Notes. Unless otherwise provided in the appointment, an authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with the Issuer and Affiliates of the Issuer. The Trustee shall have the right to decline to authenticate and deliver any Notes under this Indenture if the Trustee, being advised by counsel, determines that such action may not lawfully be taken or if the Trustee in good faith shall determine that such action would expose the Trustee to personal liability. The Notes shall be issuable only in registered form without coupons in denominations of $1.00 1,000 and integral multiples thereof.

Execution, Authentication and Denomination. One Officer of the each Co-Issuer (who shall have been duly authorized by all requisite corporate actions) shall sign the Notes for such Co-Issuer by manual or facsimile signature. One Officer of a Guarantor (who shall have been duly authorized by all requisite corporate actions) shall sign the Note Notation of Guarantee for such Guarantor by manual or facsimile signature. If an Officer whose signature is on a Note or Note Notation of Guarantee, as the case may be, was an Officer at the time of such execution but no longer holds that office at the time the Trustee authenticates the Note, the Note shall nevertheless be valid. A Note (and the notations of Note Guarantees in respect thereof) shall not be valid until an authorized signatory of the Trustee manually signs the certificate of authentication on the Note. The signature shall be conclusive evidence that the Note has been duly and validly authenticated under this Indenture. The Trustee shall authenticate on the Issue Date, Notes for original issue in the aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is limited not to exceed $69,300,000, except for Notes authenticated and delivered upon registration of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.06, Section 2.07, and Section 2.10. The Notes shall be known and designated as the “9.5% Senior Secured Notes due 2015” of the Issuer. The principal amount shall be payable at the Maturity Date. The Trustee shall authenticate the Notes on the Issue Date and from time to time thereafter 305.0 million upon a written order of the Issuer Co-Issuers in the form of a certificate of an Officer of the each Co-Issuer (an “Authentication Order”). The Such Authentication Order shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated and whether the Notes are to be issued as certificated Notes or Global Notes or such other information as the Trustee may reasonably request. Except as contemplated by the provisions set forth in Section 11.18, allAll Notes issued under this Indenture shall be treated as a single class for all purposes under this Indenture. The Trustee may appoint an authenticating agent reasonably acceptable to the Issuer Co-Issuers to authenticate Notes. Unless otherwise provided in the appointment, an authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with the Issuer Co-Issuers and Affiliates of the IssuerCo-Issuers. The Trustee shall have the right to decline to authenticate and deliver any Notes under this Indenture if the Trustee, being advised by counsel, determines that such action may not lawfully be taken or if the Trustee in good faith shall determine that such action would expose the Trustee to personal liability. The Notes shall be issuable only in registered form without coupons in minimum denominations of $1.00 2,000 and integral multiples of $1,000 in excess thereof. In case a Co-Issuer, pursuant to and in accordance with Article Five, shall, in one or more related transactions, be consolidated or merged with or into any other Person or shall sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all the assets of such Co-Issuer and its Restricted Subsidiaries taken as a whole to any Person, and the surviving Person resulting from such consolidation or surviving such merger or into which such Co-issuer shall have been merged, or the surviving Person which shall have participated in the sale, assignment, transfer, conveyance or other disposition as aforesaid, shall have assumed all of the obligations of such Co-Issuer under the Notes and this Indenture pursuant to agreements reasonably satisfactory to the Trustee in accordance with Article Five (such Person, the “Surviving Entity”), any of the Global Notes authenticated or delivered prior to such consolidation, merger, sale, assignment, transfer, conveyance or other disposition may, from time to time, at the request of the surviving Person, be exchanged for other Global Notes executed in the name of the surviving Person with only such changes in phraseology as may be appropriate to reflect the identity of the surviving Person, but otherwise in substance of like tenor, terms and conditions in all respects as the Global Notes surrendered for such exchange and of like principal amount; and the Trustee, upon the request of the surviving Person, shall authenticate and deliver Global Notes as specified in such request for the purpose of such exchange. If Global Notes shall at any time be authenticated and delivered in any new name of a Surviving Entity pursuant to this Section 2.02 in exchange or substitution for or upon registration of transfer of any Notes, such Surviving Entity, at the option of the Holders but without expense to them, shall provide for the exchange of all Notes at the time outstanding for Notes authenticated and delivered in such new name.

Execution, Authentication and Denomination. One Officer of the Issuer (who shall have been duly authorized by all requisite corporate actions) shall sign the Notes for such the Issuer by manual or facsimile signature. One Officer of a Guarantor (who shall have been duly authorized by all requisite corporate actions) shall sign the Note Guarantee for such Guarantor by manual or facsimile signature. If an Officer whose signature is on a Note or Note Guarantee, as the case may be, was an Officer at the time of such execution but no longer holds that office at the time the Trustee authenticates the Note, the Note shall nevertheless be valid. A Note (and the Note Guarantees in respect thereof) shall not be valid until an authorized signatory of the Trustee manually signs the certificate of authentication on the Note. The signature shall be conclusive evidence that the Note has been authenticated under this Indenture. The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is limited to $69,300,000, except for Notes authenticated and delivered upon registration of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.06, Section 2.07, and Section 2.10. The Notes shall be known and designated as the “9.5% Senior Secured Notes due 2015” of the Issuer. The principal amount shall be payable at the Maturity Date. The Trustee shall authenticate the Notes on the Issue Date and from time to time thereafter in the aggregate principal amount of $425,000,000 upon a written order of the Issuer in the form of a certificate of an any Officer of the Issuer (an “Authentication Order”). The Each Authentication Order shall specify (i) the amount of Notes to be authenticated and (ii) the date on which the Notes are to be authenticated and authenticated, (iii) whether the Notes are to be issued as certificated Certificated Notes or Global Notes, (iv) whether the Notes are to be Rule 144A Notes or Regulation S Notes and (v) such other information as the Trustee may reasonably request. In addition, such Authentication Order from the Issuer shall be accompanied by an Opinion of Counsel of the Issuer in a form reasonably satisfactory to the Trustee. The Trustee may appoint an authenticating agent reasonably acceptable to the Issuer to authenticate Notes. Unless otherwise provided in the appointment, an authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with the Issuer and Affiliates of the Issuer. The Trustee shall have the right to decline to authenticate and deliver any Notes under this Indenture if the Trustee, being advised by counsel, determines that such action may not lawfully be taken or if the Trustee in good faith shall determine that such action would expose the Trustee to personal liability. The Notes shall be issuable only in registered form without coupons in denominations of $1.00 and integral multiples thereof.

Execution, Authentication and Denomination. One Officer of the Issuer (who shall have been duly authorized by all requisite corporate actions) shall sign the Notes for such the Issuer by manual or facsimile signature. One Officer of a Guarantor (who shall have been duly authorized by all requisite corporate actions) shall sign the Note Guarantee for such Guarantor by manual or facsimile signature. If an Officer whose signature is on a Note or Note Guarantee, as the case may be, was an Officer at the time of such execution but no longer holds that office at the time the Trustee authenticates the Note, the Note shall nevertheless be valid. A Note (and the Note Guarantees in respect thereof) shall not be valid until an authorized signatory of the Trustee manually signs the certificate of authentication on the Note. The signature shall be conclusive evidence that the Note has been duly and validly authenticated under this Indenture. The Trustee shall authenticate on the Issue Date, Notes for original issue in the aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is limited not to exceed $69,300,000, except for Notes authenticated and delivered upon registration of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.06, Section 2.07, and Section 2.10. The Notes shall be known and designated as the “9.5% Senior Secured Notes due 2015” of the Issuer. The principal amount shall be payable at the Maturity Date. The Trustee shall authenticate the Notes on the Issue Date and from time to time thereafter 4,747,100 million upon a written order of the Issuer in the form of a certificate of an Officer of the Issuer (an “Authentication Order”). The Such Authentication Order shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated and whether the Notes notes are to be issued as certificated Physical Notes or Global Notes or such other information as the Trustee may reasonably request. The Trustee may appoint an authenticating agent reasonably acceptable to the Issuer to authenticate Notes. Unless otherwise provided in the appointment, an authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with the Issuer and Affiliates of the Issuerits Affiliates. The Trustee shall have the right to decline to authenticate and deliver any Notes under this Indenture if the Trustee, being advised by counsel, determines that such action may not lawfully be taken or if the Trustee in good faith shall determine that such action would expose the Trustee to personal liability. The Notes shall be issuable only in registered form without coupons in minimum denominations of $1.00 25 and integral multiples of $25 in excess thereof. In case the Issuer, pursuant to and in accordance with Article Five, shall, in one or more related transactions, be consolidated or merged with or into any other Person, and the surviving Person resulting from such consolidation or surviving such merger or into which the Issuer shall have been merged, shall have assumed all of the obligations of the Issuer under the Notes and this Indenture pursuant to a supplemental indenture to be executed with the Trustee in accordance with Article Five (such Person, the “Surviving Entity”), any of the Global Notes authenticated or delivered prior to such consolidation or merger may, from time to time, at the request of the surviving Person, be exchanged for other Global Notes executed in the name of the surviving Person with only such changes in phraseology as may be appropriate to reflect the identity of the surviving Person, but otherwise in substance of like tenor, terms and conditions in all respects as the Global Notes surrendered for such exchange and of like principal amount; and the Trustee, upon the request of the surviving Person, shall authenticate and deliver Global Notes as specified in such request for the purpose of such exchange. If Global Notes shall at any time be authenticated and delivered in any new name of a Surviving Entity pursuant to this Section 2.02 in exchange or substitution for or upon registration of transfer of any Notes, such Surviving Entity, at the option of the Holders but without expense to them, shall provide for the exchange of all Notes at the time outstanding for Notes authenticated and delivered in such new name, in accordance with the procedures of the Depository.

Execution, Authentication and Denomination. One Officer Subject to ------------------------------------------------ Article Four and applicable law, the aggregate principal amount of Notes which may be authenticated and delivered under this Indenture is unlimited. The Notes shall be executed by two Officers of the Issuer (who shall have been duly authorized by all requisite corporate actions) shall sign Company. The signature of these Officers on the Notes for such Issuer may be by facsimile or manual or facsimile signature. One Officer signature in the name and on behalf of a Guarantor (who shall have been duly authorized by all requisite corporate actions) shall sign the Note Guarantee for such Guarantor by manual or facsimile signatureCompany. If an Officer whose signature is on a Note or Note Guarantee, as the case may be, was an Officer at the time of such execution but no longer holds that office at the time the Trustee or authenticating agent authenticates the Note, the Note shall nevertheless be validvalid nevertheless. A Note (and the Note Guarantees in respect thereof) shall not be valid until an authorized signatory of the Trustee or authenticating agent manually signs the certificate of authentication on the Note. The signature shall be conclusive evidence that the Note has been authenticated under this Indenture. The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is limited to $69,300,000, except for Notes authenticated and delivered upon registration of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.06, Section 2.07, and Section 2.10. The Notes shall be known and designated as the “9.5% Senior Secured Notes due 2015” of the Issuer. The principal amount shall be payable at the Maturity Date. The Trustee shall authenticate the Notes on the Issue Date At any time and from time to time thereafter after the execution of this Indenture, the Trustee or an authenticating agent shall upon receipt of a written order Company Order authenticate for original issue Notes in the aggregate principal amount specified in such Company Order; provided that the Trustee shall be entitled to receive an Officers' Certificate and an Opinion of Counsel of the Issuer Company in the form connection with such authentication of a certificate of an Officer of the Issuer (an “Authentication Order”)Notes. The Authentication Such Company Order shall specify the amount of Notes to be authenticated and the date on which the original issue of Notes are is to be authenticated and whether the and, in case of an issuance of Notes are pursuant to be issued as certificated Notes or Global Notes or Section 2.15, shall certify that such other information as the Trustee may reasonably requestissuance is in compliance with Article Four. The Trustee may appoint an authenticating agent reasonably acceptable to the Issuer Company to authenticate Notes. Unless otherwise provided in the appointment, an An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such authenticating agent. An authenticating agent has the same rights as an Agent to deal with the Issuer and Affiliates Company or an Affiliate of the Issuer. The Trustee shall have the right to decline to authenticate and deliver any Notes under this Indenture if the Trustee, being advised by counsel, determines that such action may not lawfully be taken or if the Trustee in good faith shall determine that such action would expose the Trustee to personal liabilityCompany. The Notes shall be issuable only in registered form without coupons and only in denominations of $1.00 1,000 in principal amount and any integral multiples multiple thereof.

Execution, Authentication and Denomination. One Officer of the Issuer (who shall have been duly authorized by all requisite corporate actions) shall sign the Notes for such the Issuer by manual or facsimile signature. One Officer of a Guarantor (who shall have been duly authorized by all requisite corporate actions) shall sign the Note Guarantee for such Guarantor by manual or facsimile signature. If an Officer whose signature is on a Note or Note Guarantee, as the case may be, was an Officer at the time of such execution but no longer holds that office at the time the Trustee authenticates the Note, the Note shall nevertheless be valid. A Note (and the Note Guarantees in respect thereof) shall not be valid until an authorized signatory of the Trustee manually signs the certificate of authentication on the Note. The signature shall be conclusive evidence that the Note has been duly and validly authenticated under this Indenture. The Trustee shall authenticate on the Issue Date, Notes for original issue in the aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is limited not to exceed $69,300,000, except for Notes authenticated and delivered upon registration of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.06, Section 2.07, and Section 2.10. The Notes shall be known and designated as the “9.5% Senior Secured Notes due 2015” of the Issuer. The principal amount shall be payable at the Maturity Date. The Trustee shall authenticate the Notes on the Issue Date and from time to time thereafter [●] million upon a written order of the Issuer in the form of a certificate of an Officer of the Issuer (an “Authentication Order”). The Such Authentication Order shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated authenticated, and whether the Notes notes are to be issued as certificated Physical Notes or Global Notes or such other information as the Trustee may reasonably request. The Trustee may appoint an authenticating agent reasonably acceptable to the Issuer to authenticate Notes. Unless otherwise provided in the appointment, an authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with the Issuer and Affiliates of the Issuerits Affiliates. The Trustee shall have the right to decline to authenticate and deliver any Notes under this Indenture if the Trustee, being advised by counsel, determines that such action may not lawfully be taken or if the Trustee in good faith shall determine that such action would expose the Trustee to personal liability. The Notes shall be issuable only in registered form without coupons in minimum denominations of $1.00 25 and integral multiples of $25 in excess thereof. In case the Issuer, pursuant to and in accordance with Article Five, shall, in one or more related transactions, be consolidated or merged with or into any other Person, and the surviving Person resulting from such consolidation or surviving such merger or into which the Issuer shall have been merged, shall have assumed all of the obligations of the Issuer under the Notes and this Indenture pursuant to a supplemental indenture to be executed with the Trustee in accordance with Article Five (such Person, the “Surviving Entity”), any of the Global Notes authenticated or delivered prior to such consolidation or merger may, from time to time, at the request of the surviving Person, be exchanged for other Global Notes executed in the name of the surviving Person with only such changes in phraseology as may be appropriate to reflect the identity of the surviving Person, but otherwise in substance of like tenor, terms and conditions in all respects as the Global Notes surrendered for such exchange and of like principal amount; and the Trustee, upon the request of the surviving Person, shall authenticate and deliver Global Notes as specified in such request for the purpose of such exchange. If Global Notes shall at any time be authenticated and delivered in any new name of a Surviving Entity pursuant to this Section 2.02 in exchange or substitution for or upon registration of transfer of any Notes, such Surviving Entity, at the option of the Holders but without expense to them, shall provide for the exchange of all Notes at the time outstanding for Notes authenticated and delivered in such new name, in accordance with the procedures of the Depository.

Execution, Authentication and Denomination. One Officer of the each Co-Issuer (who shall have been duly authorized by all requisite corporate actions) shall sign the Notes for such Co-Issuer by manual or facsimile signature. One Officer of a Guarantor (who shall have been duly authorized by all requisite corporate actions) shall sign the Note Notation of Guarantee for such Guarantor by manual or facsimile signature. If an Officer whose signature is on a Note or Note Notation of Guarantee, as the case may be, was an Officer at the time of such execution but no longer holds that office at the time the Trustee authenticates the Note, the Note shall nevertheless be valid. A Note (and the notations of Note Guarantees in respect thereof) shall not be valid until an authorized signatory of the Trustee manually signs the certificate of authentication on the Note. The signature shall be conclusive evidence that the Note has been duly and validly authenticated under this Indenture. The Trustee shall authenticate on the Issue Date, Notes for original issue in the aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is limited not to exceed $69,300,000, except for Notes authenticated and delivered upon registration of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.06, Section 2.07, and Section 2.10. The Notes shall be known and designated as the “9.5% Senior Secured Notes due 2015” of the Issuer. The principal amount shall be payable at the Maturity Date. The Trustee shall authenticate the Notes on the Issue Date and from time to time thereafter 305.0 million upon a written order of the Issuer Co-Issuers in the form of a certificate of an Officer of the each Co-Issuer (an “Authentication Order”). The Such Authentication Order shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated and whether the Notes are to be issued as certificated Notes or Global Notes or such other information as the Trustee may reasonably request. All Notes issued under this Indenture shall be treated as a single class for all purposes under this Indenture. The Trustee may appoint an authenticating agent reasonably acceptable to the Issuer Co-Issuers to authenticate Notes. Unless otherwise provided in the appointment, an authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with the Issuer Co-Issuers and Affiliates of the IssuerCo-Issuers. The Trustee shall have the right to decline to authenticate and deliver any Notes under this Indenture if the Trustee, being advised by counsel, determines that such action may not lawfully be taken or if the Trustee in good faith shall determine that such action would expose the Trustee to personal liability. The Notes shall be issuable only in registered form without coupons in minimum denominations of $1.00 2,000 and integral multiples of $1,000 in excess thereof. In case a Co-Issuer, pursuant to and in accordance with Article Five, shall, in one or more related transactions, be consolidated or merged with or into any other Person or shall sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all the assets of such Co-Issuer and its Restricted Subsidiaries taken as a whole to any Person, and the surviving Person resulting from such consolidation or surviving such merger or into which such Co-issuer shall have been merged, or the surviving Person which shall have participated in the sale, assignment, transfer, conveyance or other disposition as aforesaid, shall have assumed all of the obligations of such Co-Issuer under the Notes and this Indenture pursuant to agreements reasonably satisfactory to the Trustee in accordance with Article Five (such Person, the “Surviving Entity”), any of the Global Notes authenticated or delivered prior to such consolidation, merger, sale, assignment, transfer, conveyance or other disposition may, from time to time, at the request of the surviving Person, be exchanged for other Global Notes executed in the name of the surviving Person with only such changes in phraseology as may be appropriate to reflect the identity of the surviving Person, but otherwise in substance of like tenor, terms and conditions in all respects as the Global Notes surrendered for such exchange and of like principal amount; and the Trustee, upon the request of the surviving Person, shall authenticate and deliver Global Notes as specified in such request for the purpose of such exchange. If Global Notes shall at any time be authenticated and delivered in any new name of a Surviving Entity pursuant to this Section 2.02 in exchange or substitution for or upon registration of transfer of any Notes, such Surviving Entity, at the option of the Holders but without expense to them, shall provide for the exchange of all Notes at the time outstanding for Notes authenticated and delivered in such new name.

Execution, Authentication and Denomination. One Officer of the each Issuer (who shall have been duly authorized by all requisite corporate actions) shall sign the Notes for such Issuer by manual or facsimile signature. One Officer of a Guarantor (who shall have been duly authorized by all requisite corporate actions) shall sign the Note Guarantee for such Guarantor by manual or facsimile signature. If an Officer whose signature is on a Note or Note Guarantee, as the case may be, was an Officer at the time of such execution but no longer holds that office at the time the Trustee authenticates the Note, the Note shall nevertheless be valid. A Note (and the Note Guarantees in respect thereof) shall not be valid until an authorized signatory of the Trustee manually signs the certificate of authentication on the Note. The signature shall be conclusive evidence that the Note has been authenticated under this Indenture. The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is limited to $69,300,000, except for Notes authenticated and delivered upon registration of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.06, Section 2.07, and Section 2.10. The Notes shall be known and designated as the “9.5% Senior Secured Notes due 2015” of the Issuer. The principal amount shall be payable at the Maturity Date. The Trustee shall authenticate the Notes for original issue on the Issue Date and from time to time thereafter in the aggregate principal amount at maturity of $118,000,000 upon a written order of the Issuer Issuers in the form of an Officers’ Certificate. In addition, the Trustee shall authenticate Notes thereafter in unlimited amount (so long as not otherwise prohibited by the terms of this Indenture, including without limitation, Section 4.10) for original issue upon a certificate written order of the Issuers in the form of an Officer of the Issuer (an “Authentication Order”)Officers’ Certificate. The Authentication Order Each such Officers’ Certificate shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated and whether the Notes are to be issued as certificated Notes or Global Notes or such other information as the Trustee may reasonably requestauthenticated. The Trustee may appoint an authenticating agent reasonably acceptable to the Issuer Issuers to authenticate Notes. Unless otherwise provided in the appointment, an authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with the Issuer Issuers and Affiliates of the Issuer. The Trustee shall have the right to decline to authenticate and deliver any Notes under this Indenture if the Trustee, being advised by counsel, determines that such action may not lawfully be taken or if the Trustee in good faith shall determine that such action would expose the Trustee to personal liabilityIssuers. The Notes shall be issuable only in registered form without coupons in denominations of $1.00 1,000 principal amount at maturity and integral multiples thereof.

Execution, Authentication and Denomination. One Officer of the each Co-Issuer (who shall have been duly authorized by all requisite corporate actions) shall sign the Notes for such Co-Issuer by manual or facsimile signature. One Officer of a Guarantor (who shall have been duly authorized by all requisite corporate actions) shall sign the Note Notation of Guarantee for such Guarantor by manual or facsimile signature. If an Officer whose signature is on a Note or Note Notation of Guarantee, as the case may be, was an Officer at the time of such execution but no longer holds that office at the time the Trustee authenticates the Note, the Note shall nevertheless be valid. A Note (and the notations of Note Guarantees in respect thereof) shall not be valid until an authorized signatory of the Trustee manually signs the certificate of authentication on the Note. The signature shall be conclusive evidence that the Note has been duly and validly authenticated under this Indenture. The Trustee shall authenticate on the Issue Date, Notes for original issue in the aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is limited not to exceed $69,300,000, except for Notes authenticated and delivered upon registration of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.06, Section 2.07, and Section 2.10. The Notes shall be known and designated as the “9.5% Senior Secured Notes due 2015” of the Issuer. The principal amount shall be payable at the Maturity Date. The Trustee shall authenticate the Notes on the Issue Date and from time to time thereafter 305.0 million upon a written order of the Issuer Co-Issuers in the form of a certificate of an Officer of the each Co-Issuer (an “Authentication Order”). The Such Authentication Order shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated and whether the Notes are to be issued as certificated Notes or Global Notes or such other information as the Trustee may reasonably request. Except as contemplated by the provisions set forth in Section 11.18, all Notes issued under this Indenture shall be treated as a single class for all purposes under this Indenture. The Trustee may appoint an authenticating agent reasonably acceptable to the Issuer Co-Issuers to authenticate Notes. Unless otherwise provided in the appointment, an authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with the Issuer Co-Issuers and Affiliates of the IssuerCo-Issuers. The Trustee shall have the right to decline to authenticate and deliver any Notes under this Indenture if the Trustee, being advised by counsel, determines that such action may not lawfully be taken or if the Trustee in good faith shall determine that such action would expose the Trustee to personal liability. The Notes shall be issuable only in registered form without coupons in minimum denominations of $1.00 2,000 and integral multiples of $1,000 in excess thereof. In case a Co-Issuer, pursuant to and in accordance with Article Five, shall, in one or more related transactions, be consolidated or merged with or into any other Person or shall sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all the assets of such Co-Issuer and its Restricted Subsidiaries taken as a whole to any Person, and the surviving Person resulting from such consolidation or surviving such merger or into which such Co-issuer shall have been merged, or the surviving Person which shall have participated in the sale, assignment, transfer, conveyance or other disposition as aforesaid, shall have assumed all of the obligations of such Co-Issuer under the Notes and this Indenture pursuant to agreements reasonably satisfactory to the Trustee in accordance with Article Five (such Person, the “Surviving Entity”), any of the Global Notes authenticated or delivered prior to such consolidation, merger, sale, assignment, transfer, conveyance or other disposition may, from time to time, at the request of the surviving Person, be exchanged for other Global Notes executed in the name of the surviving Person with only such changes in phraseology as may be appropriate to reflect the identity of the surviving Person, but otherwise in substance of like tenor, terms and conditions in all respects as the Global Notes surrendered for such exchange and of like principal amount; and the Trustee, upon the request of the surviving Person, shall authenticate and deliver Global Notes as specified in such request for the purpose of such exchange. If Global Notes shall at any time be authenticated and delivered in any new name of a Surviving Entity pursuant to this Section 2.02 in exchange or substitution for or upon registration of transfer of any Notes, such Surviving Entity, at the option of the Holders but without expense to them, shall provide for the exchange of all Notes at the time outstanding for Notes authenticated and delivered in such new name.