Common use of Existing Notes Clause in Contracts

Existing Notes. Pursuant to the terms of the 2001 Agreement, the Company has issued its 4.10% senior notes due July 21, 2012 (as amended, restated, supplemented or otherwise modified from time to time, the “2001 Agreement Notes”) in the original aggregate principal amount of $35,000,000 ($4,000,000 aggregate principal amount of which is currently outstanding). Pursuant to the terms of the 2006 Agreement, the Company has issued (i) its 5.53% senior notes due December 20, 2016 (as amended, restated, supplemented or otherwise modified from time to time, the “Series A Notes”) in the original aggregate principal amount of $50,000,000 ($37,500,000 aggregate principal amount of which is currently outstanding), (ii) its 5.55% senior notes due March 20, 2017 (as amended, restated, supplemented or otherwise modified from time to time, the “Series B Notes”) in the original aggregate principal amount of $50,000,000 (all of which is currently outstanding), (iii) its 5.56% senior notes due June 20, 2016 (as amended, restated, supplemented or otherwise modified from time to time, the “Series C Notes”) in the original aggregate principal amount of $25,000,000 (all of which is currently outstanding), and (iv) its 6.90% senior notes due March 9, 2020 (as amended, restated, supplemented or otherwise modified from time to time, the “Series D Notes”) in the original aggregate principal amount of $100,000,000 ($90,000,000 aggregate principal amount of which is currently outstanding). The terms “2001 Agreement Note” and “2001 Agreement Notes” as used herein shall include each 2001 Agreement Note delivered pursuant to any provision of the 2001 Agreement and each 2001 Agreement Note delivered in substitution or exchange therefor pursuant to any provision of the 2001 Agreement or this Agreement. The terms “Series A Note,” “Series A Notes,” “Series B Note,” “Series B Notes,” “Series C Note,” “Series C Notes,” “Series D Note” and “Series D Notes” as used herein shall include, as applicable, each Series A Note, Series B Note, Series C Note or Series D Note delivered pursuant to any provision of the 2006 Agreement and each Series A Note, Series B Note, Series C Note or Series D Note, as applicable, delivered in substitution or exchange therefor pursuant to any provision of the 2006 Agreement.

Existing Notes. Pursuant to the terms of the 2001 AgreementPrior Agreement or another predecessor agreement thereto, the Company has issued its 4.10% senior notes due July 21, 2012 (as amended, restated, supplemented or otherwise modified from time to time, the “2001 Agreement Notes”) in the original aggregate principal amount of $35,000,000 ($4,000,000 aggregate principal amount of which is currently outstanding). Pursuant to the terms of the 2006 Agreement, the Company has issued issued: (i) its 5.53% senior notes due December 20July 25, 2016 2024 (as amended, restated, supplemented or otherwise modified from time to time, the “Series A AX Notes”, such term to include any such notes issued in substitution therefor pursuant to paragraph 12D of this Agreement or a predecessor agreement hereto) in the original aggregate principal amount of $50,000,000 37,500,000 ($37,500,000 7,125,000 aggregate principal amount of which is currently outstanding), ; (ii) its 5.55% senior notes due March 20January 25, 2017 2026 (as amended, restated, supplemented or otherwise modified from time to time, the “Series B BX Notes”, such term to include any such notes issued in substitution therefor pursuant to paragraph 12D of this Agreement or a predecessor agreement hereto) in the original aggregate principal amount of $50,000,000 ($18,000,000 aggregate principal amount of which is currently outstanding); (iii) its 5.56% senior notes due July 25, 2026 (as amended, restated, supplemented or otherwise modified from time to time, the “Series CX Notes”, such term to include any such notes issued in substitution therefor pursuant to paragraph 12D of this Agreement or a predecessor agreement hereto) in the original aggregate principal amount of $25,000,000 ($9,000,000 aggregate principal amount of which is currently outstanding); (iv) 4.35% senior notes due September 1, 2026 (as amended, restated, supplemented or otherwise modified from time to time, the “Series F Notes”, such term to include any such notes issued in substitution therefor pursuant to paragraph 12D of this Agreement or a predecessor agreement hereto) in the original aggregate principal amount of $25,000,000 ($9,625,000 aggregate principal amount of which is currently outstanding); (v) its 3.88% senior notes due December 31, 2027 (as amended, restated, supplemented or otherwise modified from time to time, the “Series G Notes”, such term to include any such notes issued in substitution therefor pursuant to paragraph 12D of this Agreement or a predecessor agreement hereto) in the original aggregate principal amount of $50,000,000 ($17,125,000 aggregate principal amount of which is currently outstanding); (vi) its 4.04% senior notes due November 21, 2026 (as amended, restated, supplemented or otherwise modified from time to time, the “Series H Notes”, such term to include any such notes issued in substitution therefor pursuant to paragraph 12D of this Agreement or a predecessor agreement hereto) in the original aggregate principal amount of $50,000,000 (all of which is currently outstanding), ; (iiivii) its 5.564.16% senior notes due June 20December 8, 2016 2028 (as amended, restated, supplemented or otherwise modified from time to time, the “Series C I Notes”, such term to include any such notes issued in substitution therefor pursuant to paragraph 12D of this Agreement or a predecessor agreement hereto) in the original aggregate principal amount of $25,000,000 (all of which is currently outstanding), and ; (ivviii) its 6.904.66% senior notes due March 9April 18, 2020 2025 (as amended, restated, supplemented or otherwise modified from time to time, the “Series D J Notes”, such term to include any such notes issued in substitution therefor pursuant to paragraph 12D of this Agreement or a predecessor agreement hereto) in the original aggregate principal amount of $100,000,000 10,000,000 ($90,000,000 aggregate principal amount all of which is currently outstanding). The terms ; (ix) its 4.81% senior notes due April 18, 2027 (as amended, restated, supplemented or otherwise modified from time to time, the “2001 Agreement Note” and “2001 Agreement Series K Notes” as used herein shall ”, such term to include each 2001 Agreement Note delivered pursuant to any provision of the 2001 Agreement and each 2001 Agreement Note delivered such notes issued in substitution or exchange therefor pursuant to any provision paragraph 12D of the 2001 this Agreement or this Agreement. The terms a predecessor agreement hereto) in the original aggregate principal amount of $34,500,000 (all of which is currently outstanding); and (x) its 4.89% senior notes due April 18, 2028 (as amended, restated, supplemented or otherwise modified from time to time, the “Series A Note,” “Series A L Notes,” “Series B Note,” “Series B Notes,” “Series C Note,” “Series C Notes,” “Series D Note” and “Series D Notes” as used herein shall include”, as applicable, each Series A Note, Series B Note, Series C Note or Series D Note delivered such term to include any such notes issued in substitution therefor VP/#62778625.6 pursuant to any provision paragraph 12D of this Agreement or a predecessor agreement hereto) in the 2006 Agreement and each Series A Note, Series B Note, Series C Note or Series D Note, as applicable, delivered in substitution or exchange therefor pursuant to any provision original aggregate principal amount of the 2006 Agreement$18,000,000 (all of which is currently outstanding).

Existing Notes. Pursuant to the terms of the 2001 AgreementPrior Agreement or a predecessor agreement thereto, the Company has issued its 4.10% senior notes due July 21, 2012 (as amended, restated, supplemented or otherwise modified from time to time, the “2001 Agreement Notes”) in the original aggregate principal amount of $35,000,000 ($4,000,000 aggregate principal amount of which is currently outstanding). Pursuant to the terms of the 2006 Agreement, the Company has issued issued: (i) its 5.53% senior notes due December 20July 25, 2016 2024 (as amended, restated, supplemented or otherwise modified from time to time, the “Series A AX Notes”, such term to include any such notes issued in substitution therefor pursuant to paragraph 12D of this Agreement or the Prior Agreement) in the original aggregate principal amount of $50,000,000 37,500,000 ($37,500,000 31,500,000 aggregate principal amount of which is currently outstanding), ; (ii) its 5.55% senior notes due March 20January 25, 2017 2026 (as amended, restated, supplemented or otherwise modified from time to time, the “Series B BX Notes”, such term to include any such notes issued in substitution therefor pursuant to paragraph 12D of this Agreement or the Prior Agreement) in the original aggregate principal amount of $50,000,000 (all $47,000,000 aggregate principal amount of which is currently outstanding), ; (iii) its 5.56% senior notes due June 20July 25, 2016 2026 (as amended, restated, supplemented or otherwise modified from time to time, the “Series C CX Notes”, such term to include any such notes issued in substitution therefor pursuant to paragraph 12D of this Agreement or the Prior Agreement) in the original aggregate principal amount of $25,000,000 (all of which is currently outstanding), and ; (iv) its 6.90% senior notes due March 9, 2020 (as amended, restated, supplemented or otherwise modified from time to time, the “Series D Notes”, such term to include any such notes issued in substitution therefor pursuant to paragraph 12D of this Agreement, the Prior Agreement or a predecessor agreement thereto) in the original aggregate principal amount of $100,000,000 ($90,000,000 75,000,000 aggregate principal amount of which is currently outstanding). The terms ; (v) its 3.90% senior notes due November 30, 2024 (as amended, restated, supplemented or otherwise modified from time to time, the “2001 Agreement Note” and “2001 Agreement Series E Notes” as used herein shall ”, such term to include each 2001 Agreement Note delivered pursuant to any provision of the 2001 Agreement and each 2001 Agreement Note delivered such notes issued in substitution or exchange therefor pursuant to any provision paragraph 12D of the 2001 this Agreement or this the Prior Agreement. The terms ) in the original aggregate principal amount of $75,000,000 (all of which is currently outstanding); and (vi) 4.35% senior notes due September 1, 2026 (as amended, restated, supplemented or otherwise modified from time to time, the “Series A Note,” “Series A F Notes,” “Series B Note,” “Series B Notes,” “Series C Note,” “Series C Notes,” “Series D Note” and “Series D Notes” as used herein shall include”, as applicable, each Series A Note, Series B Note, Series C Note or Series D Note delivered pursuant such term to include any provision of the 2006 Agreement and each Series A Note, Series B Note, Series C Note or Series D Note, as applicable, delivered such notes issued in substitution or exchange therefor pursuant to any provision paragraph 12D of this Agreement or the 2006 Prior Agreement) in the original aggregate principal amount of $25,000,000 ($23,375,000 aggregate principal amount of which is currently outstanding).

Existing Notes. Pursuant to the terms of the 2001 Original Agreement, the Company has Matson Navigation issued its 4.104.79% senior notes Series B Senior Secured Notes due July 21May 19, 2012 (as amended, restated, supplemented or otherwise modified from time to time, the “2001 Agreement Notes”) in the original aggregate principal amount of $35,000,000 ($4,000,000 aggregate principal amount of which is currently outstanding). Pursuant to the terms of the 2006 Agreement, the Company has issued (i) its 5.53% senior notes due December 20, 2016 (as amended, restated, supplemented or otherwise modified from time to time, the “Series A Notes”) in the original aggregate principal amount of $50,000,000 ($37,500,000 aggregate principal amount of which is currently outstanding), (ii) its 5.55% senior notes due March 20, 2017 2020 (as amended, restated, supplemented or otherwise modified from time to time, the “Series B Notes”, such term to include any such notes issued in substitution or exchange therefor pursuant to paragraph 11D of the Original Agreement, the Prior Agreement or this Agreement) in the aggregate original aggregate principal amount of $50,000,000 105,000,000. Effective as of June 29, 2012: (i) the coupon of the Series B Notes was adjusted and fixed to 5.79% per annum, (ii) all of which is currently outstanding)Collateral (as defined in the Original Agreement) was released, (iii) Matson Navigation assigned and delegated to the Company, and the Company accepted such assignment and delegation of, all of Matson Navigation’s rights and obligations in, to and under the Series B Notes, and (iv) the holders of the Series B Notes received the benefit of the guaranty provided by the Guarantors under the Multiparty Guaranty. Pursuant to the Prior Agreement, on June 29, 2012 the Company issued: (i) its 5.563.66% senior guaranteed promissory notes due June 2029, 2016 2023 (as amended, restated, supplemented or otherwise modified from time to time, the “Series C C-1 Notes”, such term to include any such notes issued in substitution or exchange therefor pursuant to paragraph 11D of the Prior Agreement or this Agreement) in the original aggregate principal amount of $25,000,000 77,500,000; (all of which is currently outstanding), and (ivii) its 6.904.16% senior guaranteed promissory notes due March 9June 29, 2020 2027 (as amended, restated, supplemented or otherwise modified from time to time, the “Series D C-2 Notes”, such term to include any such notes issued in substitution or exchange therefor pursuant to paragraph 11D of the Prior Agreement or this Agreement) in the original aggregate principal amount of $100,000,000 55,000,000; and ($90,000,000 aggregate principal amount of which is currently outstanding). The terms iii) its 4.31% senior guaranteed promissory notes due June 29, 2032 (as amended, restated, supplemented or otherwise modified from time to time, the “2001 Agreement Note” and “2001 Agreement Series C-3 Notes” as used herein shall ”, such term to include each 2001 Agreement Note delivered pursuant to any provision of the 2001 Agreement and each 2001 Agreement Note delivered such notes issued in substitution or exchange therefor pursuant to any provision paragraph 11D of the 2001 Prior Agreement or this Agreement) in the original aggregate principal amount of $37,500,000. The terms Series C-1 Notes, the Series C-2 Notes and the Series C-3 Notes are referred to collectively herein as the “Series A Note,C Notes” “Series A Notes,” “Series B Note,” “Series B Notes,” and the term “Series C Note,” “Series C Notes,” “Series D Note” and “Series D Notes” as used herein shall include, as applicable, each Series A Note, Series B Note, Series C Note or Series D Note delivered pursuant refers to any provision one of the 2006 Agreement and each Series A Note, Series B Note, Series C Note or Series D Note, as applicable, delivered in substitution or exchange therefor pursuant to any provision of the 2006 Agreementthem.