Common use of Form and Dating Terms Clause in Contracts

Form and Dating Terms. Provisions relating to the Securities are set forth in Appendix A, which is hereby incorporated into and expressly made a part of this Indenture. The (i) Original Securities, (ii) the PIK Securities and (iii) any Additional Securities and any other notes issued under this Indenture shall each be substantially in the form of Exhibit A hereto, which is hereby incorporated in and expressly made a part of this Indenture. The Securities may have notations, legends or endorsements required by law, stock exchange rule, agreements to which the Issuer or any Guarantor is subject, if any, or usage (provided that any such notation, legend or endorsement is in a form acceptable to the Issuer). Each Security shall be dated the date of its authentication. Subject to the issuance of Additional Securities or the increase in the principal amount of the Global Securities in order to evidence PIK Interest (which Additional Securities or increased principal amount shall be in denominations of $1.00 and integral multiples of $1.00 in excess thereof), the Securities shall be issuable only in registered form without interest coupons and in minimum denominations of $1.00 and any integral multiples of $1.00 in excess thereof. On any Interest Payment Date on which the Company pays interest in PIK Interest (a “PIK Payment”) with respect to a Global Security, the Trustee shall (subject to the Company delivering to the Trustee and the Paying Agent (if other than the Trustee) written notification (which notification the Trustee and Paying Agent shall be entitled to solely rely upon without independent investigation or verification of the accuracy of the contents thereof), executed by an Officer of the Company, substantially in the form of Exhibit F hereto, setting forth the amount of PIK Interest to be paid on such Interest Payment Date and directing the Trustee and the Paying Agent (if other than the Trustee) to increase the principal amount of the Global Securities by an amount equal to the interest payable as PIK Interest, rounded up to the nearest whole dollar, for the relevant Interest Period on the principal amount of such Global Security as of the relevant record date for such Interest Payment Date, to the credit of the Holders of such Global Security on such record date, pro rata in accordance with their interests, and an adjustment shall be made on the books and records of the Trustee and Registrar with respect to such Global Security to reflect such increase. On any Interest Payment Date on which the Company pays PIK Interest with respect to a Definitive Security or otherwise issues definitive PIK Securities, the principal amount of any definitive PIK Securities issued to any Holder, for the relevant Interest Period on the principal amount of such Security as of the relevant record date for such Interest Payment Date, shall be rounded up to the nearest whole dollar. For each of the Interest Periods, the Company may elect, no later than 15 days prior to the relevant Interest Payment Date, to pay interest in cash or in the form of PIK Interest and, if the Company elects to pay PIK Interest in respect of an Interest Period, the Company shall deliver to the Trustee and the Paying Agent written notification, executed by an Officer of the Company, substantially in the form of Exhibit E, setting forth such election no later than 15 days prior to the relevant Interest Payment Date (and the Trustee shall furnish a copy thereof to the Holders in accordance with the applicable procedures).

Form and Dating Terms. Provisions relating to The Notes and the Securities Trustee’s certificate of authentication shall be substantially in the form of Exhibit A attached hereto, the terms of which are set forth incorporated in Appendix A, which is hereby incorporated into and expressly made a part of this Indenture. The (i) Original SecuritiesNotes shall mature, (ii) and all amounts due and payable hereunder shall be paid, on the PIK Securities Initial Maturity Date, unless the Issuer shall have delivered a Maturity Date Extension Notice, in which event the Notes shall mature, and (iii) any Additional Securities all amounts due and any other notes issued under this Indenture payable hereunder shall each be substantially in paid, on the form of Exhibit A hereto, which is hereby incorporated in and expressly made a part of this IndentureExtended Maturity Date. The Securities Notes may have notations, legends or endorsements required by usage or law, stock exchange rule, rule or agreements to which the Issuer or any Guarantor is subject, if any, or usage (provided that any such notation, legend or endorsement is in a form acceptable to the Issuer). Each Security Note shall be dated the date of its authentication. Subject to the issuance of Additional Securities additional Definitive Notes (the “PIK Notes”) or the increase in the principal amount of the a Global Securities Note in order to evidence payment-in-kind interest (“PIK Interest Interest”) (which Additional Securities PIK Notes or increased principal amount of a Global Note shall be in denominations of $1.00 and or any integral multiples multiple of $1.00 in excess thereof), the Securities Notes shall be issuable only issued in registered form without interest coupons and in minimum denominations of $1.00 [1.00] and any integral multiples of $1.00 [1.00] in excess thereof. On any Interest Payment Date interest payment date on which the Company Issuer pays interest in PIK Interest (a “PIK Payment”) with respect to a Global SecurityNote, the Trustee shall (subject to Trustee, or the Company delivering to Custodian at the Trustee and the Paying Agent (if other than direction of the Trustee) written notification (which notification the Trustee and Paying Agent , shall be entitled to solely rely upon without independent investigation or verification of the accuracy of the contents thereof), executed by an Officer of the Company, substantially in the form of Exhibit F hereto, setting forth the amount of PIK Interest to be paid on such Interest Payment Date and directing the Trustee and the Paying Agent (if other than the Trustee) to increase the principal amount of the such Global Securities Note by an amount equal to the interest payable as PIK InterestInterest payable, rounded up down to the nearest whole dollar, for the relevant Interest Period interest period on the principal amount of such Global Security as of the relevant record date for such Interest Payment DateNote, to the credit of the Holders of such Global Security on such the relevant record date, pro rata in accordance with their interests, date and an adjustment shall be made on the books and records of the Trustee and Registrar with respect to such Global Security Note to reflect such increase. On With respect to any Interest Payment Date interest payment date on which the Company pays Issuer makes a PIK Interest Payment with respect to a Definitive Security or otherwise issues definitive PIK SecuritiesNote, the principal amount of any definitive Issuer shall deliver to the Trustee no later than two (2) Business Days prior to such interest payment date executed PIK Securities issued Notes together with an Issuer Order sufficient to any Holdermake such PIK Payment rounded down to the nearest whole dollar, for the relevant Interest Period interest period on the principal amount of such Security as Definitive Note. For purposes of this Indenture, all references to “principal amount” of the relevant record date for such Interest Notes shall include any increase in the principal amount of the Notes as a result of a PIK Payment Dateor delivery of PIK Notes. Each Global Note shall represent the aggregate amount of outstanding Notes from time to time endorsed thereon; provided that, the aggregate principal amount of outstanding Notes represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges and redemptions. Any endorsement of a Global Note to reflect the amount of any increase or decrease in the aggregate principal amount of outstanding Notes represented thereby shall be rounded up to made by the nearest whole dollar. For each of Trustee, in accordance with instructions given by the Interest PeriodsHolder thereof as required by Section 2.06 hereof or, the Company may elect, no later than 15 days prior to the relevant Interest Payment Date, to pay interest in cash or in the form case of an increase resulting from the payment of PIK Interest andInterest, if the Company elects to pay PIK Interest in respect of an Interest Period, the Company shall deliver to the Trustee and the Paying Agent written notification, executed by an Officer of the Company, substantially in the form of Exhibit E, setting forth such election no later than 15 days prior to the relevant Interest Payment Date (and the Trustee shall furnish a copy thereof to the Holders in accordance with the applicable procedures)provisions hereof. The terms and provisions contained in the Notes will constitute, and are hereby expressly made, a part of this Indenture and the Issuer, the Note Guarantor and the Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby. However, to the extent any provision of any Note conflicts with the express provisions of this Indenture, the provisions of this Indenture shall govern and be controlling.

Form and Dating Terms. Provisions relating to The Notes and the Securities Trustee’s certificate of authentication shall be substantially in the form of Exhibit A attached hereto, the terms of which are set forth incorporated in Appendix A, which is hereby incorporated into and expressly made a part of this Indenture. The (i) Original SecuritiesNotes shall mature, (ii) and all amounts due and payable hereunder shall be paid, on the PIK Securities Initial Maturity Date, unless the Issuer shall have delivered to the Trustee a Maturity Date Extension Notice pursuant to Section 4.01 below, in which event the Notes shall mature, and (iii) any Additional Securities all amounts due and any other notes issued under this Indenture payable hereunder shall each be substantially in paid, on the form of Exhibit A hereto, which is hereby incorporated in and expressly made a part of this IndentureExtended Maturity Date. The Securities Notes may have notations, legends or endorsements required by usage or law, stock exchange rule, rule or agreements to which the Issuer or any Guarantor is subject, if any, or usage (provided that any such notation, legend or endorsement is in a form acceptable to the Issuer). Each Security Note shall be dated the date of its authentication. Subject to the issuance of Additional Securities additional Definitive Notes (the “PIK Notes”) or the increase in the principal amount of the a Global Securities Note in order to evidence payment-in-kind interest (“PIK Interest Interest”) (which Additional Securities PIK Notes or increased principal amount of a Global Note shall be in denominations of $1.00 and or any integral multiples multiple of $1.00 in excess thereof), the Securities Notes shall be issuable only issued in registered form without interest coupons and in minimum denominations of $1.00 [1.00] and any integral multiples of $1.00 [1.00] in excess thereof. On any Interest Payment Date interest payment date on which the Company Issuer pays interest in PIK Interest (a “PIK Payment”) with respect to a Global SecurityNote, the Trustee shall (subject to Trustee, or the Company delivering to Custodian at the Trustee and the Paying Agent (if other than written direction of the Trustee) written notification (which notification the Trustee and Paying Agent , shall be entitled to solely rely upon without independent investigation or verification of the accuracy of the contents thereof), executed by an Officer of the Company, substantially in the form of Exhibit F hereto, setting forth the amount of PIK Interest to be paid on such Interest Payment Date and directing the Trustee and the Paying Agent (if other than the Trustee) to increase the principal amount of the such Global Securities Note by an amount equal to the interest payable as PIK InterestInterest payable, rounded up down to the nearest whole dollar, for the relevant Interest Period interest period on the principal amount of such Global Security as of the relevant record date for such Interest Payment DateNote, to the credit of the Holders of such Global Security on such the relevant record date, pro rata in accordance with their interests, date and an adjustment shall be made on the books and records of the Trustee and Registrar with respect to such Global Security Note to reflect such increase. On With respect to any Interest Payment Date interest payment date on which the Company pays Issuer makes a PIK Interest Payment with respect to a Definitive Security or otherwise issues definitive PIK SecuritiesNote, the principal amount of any definitive Issuer shall deliver to the Trustee to be received no later than five (5) Business Days prior to such interest payment date executed PIK Securities issued Notes sufficient to any Holdermake such PIK Payment rounded down to the nearest whole dollar, for the relevant Interest Period interest period on the principal amount of such Security as Definitive Note together with an Authentication Order. For purposes of this Indenture, all references to “principal amount” of the relevant record date for such Interest Notes shall include any increase in the principal amount of the Notes as a result of a PIK Payment Dateor delivery of PIK Notes. Each Global Note shall represent the aggregate amount of outstanding Notes from time to time endorsed thereon; provided that, the aggregate principal amount of outstanding Notes represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges and redemptions. Any endorsement of a Global Note to reflect the amount of any increase or decrease in the aggregate principal amount of outstanding Notes represented thereby shall be rounded up to made by the nearest whole dollar. For each of Trustee, in accordance with instructions given by the Interest PeriodsHolder thereof as required by Section 2.06 hereof or, the Company may elect, no later than 15 days prior to the relevant Interest Payment Date, to pay interest in cash or in the form case of an increase resulting from the payment of PIK Interest andInterest, if the Company elects to pay PIK Interest in respect of an Interest Period, the Company shall deliver to the Trustee and the Paying Agent written notification, executed by an Officer of the Company, substantially in the form of Exhibit E, setting forth such election no later than 15 days prior to the relevant Interest Payment Date (and the Trustee shall furnish a copy thereof to the Holders in accordance with the applicable procedures)provisions hereof. The terms and provisions contained in the Notes will constitute, and are hereby expressly made, a part of this Indenture and the Issuer, the Note Guarantor and the Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby. However, to the extent any provision of any Note conflicts with the express provisions of this Indenture, the provisions of this Indenture shall govern and be controlling.

Form and Dating Terms. Provisions relating to The Notes and the Securities Trustee’s certificate of authentication shall be substantially in the form of Exhibit A attached hereto, the terms of which are set forth incorporated in Appendix A, which is hereby incorporated into and expressly made a part of this Indenture. The (i) Original SecuritiesNotes shall mature, (ii) and all amounts due and payable hereunder shall be paid, on the PIK Securities Initial Maturity Date, unless the Issuer shall have delivered to the Trustee a Maturity Date Extension Notice pursuant to Section 4.01 below, in which event the Notes shall mature, and (iii) any Additional Securities all amounts due and any other notes issued under this Indenture payable hereunder shall each be substantially in paid, on the form of Exhibit A hereto, which is hereby incorporated in and expressly made a part of this IndentureExtended Maturity Date. The Securities Notes may have notations, legends or endorsements required by usage or law, stock exchange rule, rule or agreements to which the Issuer or any Guarantor is subject, if any, or usage (provided that any such notation, legend or endorsement is in a form acceptable to the Issuer). Each Security Note shall be dated the date of its authentication. Subject to the issuance of Additional Securities additional Definitive Notes (the “PIK Notes”) or the increase in the principal amount of the a Global Securities Note in order to evidence payment-in-kind interest (“PIK Interest Interest”) (which Additional Securities PIK Notes or increased principal amount of a Global Note shall be in denominations of $1.00 or any integral multiple of $1.00 in excess thereof), the Notes shall be issued in denominations of $1.00 and integral multiples of $1.00 in excess thereof), the Securities shall be issuable only in registered form without interest coupons and in minimum denominations of $1.00 and any integral multiples of $1.00 in excess thereof. On any Interest Payment Date interest payment date on which the Company Issuer pays interest in PIK Interest (a “PIK Payment”) with respect to a Global SecurityNote, the Trustee shall (subject to Trustee, or the Company delivering to Custodian at the Trustee and the Paying Agent (if other than written direction of the Trustee) written notification (which notification the Trustee and Paying Agent , shall be entitled to solely rely upon without independent investigation or verification of the accuracy of the contents thereof), executed by an Officer of the Company, substantially in the form of Exhibit F hereto, setting forth the amount of PIK Interest to be paid on such Interest Payment Date and directing the Trustee and the Paying Agent (if other than the Trustee) to increase the principal amount of the such Global Securities Note by an amount equal to the interest payable as PIK InterestInterest payable, rounded up down to the nearest whole dollar, for the relevant Interest Period interest period on the principal amount of such Global Security as of the relevant record date for such Interest Payment DateNote, to the credit of the Holders of such Global Security on such the relevant record date, pro rata in accordance with their interests, date and an adjustment shall be made on the books and records of the Trustee and Registrar with respect to such Global Security Note to reflect such increase. On With respect to any Interest Payment Date interest payment date on which the Company pays Issuer makes a PIK Interest Payment with respect to a Definitive Security or otherwise issues definitive PIK SecuritiesNote, the principal amount of any definitive Issuer shall deliver to the Trustee to be received no later than five (5) Business Days prior to such interest payment date executed PIK Securities issued Notes sufficient to any Holdermake such PIK Payment rounded down to the nearest whole dollar, for the relevant Interest Period interest period on the principal amount of such Security as Definitive Note together with an Authentication Order. For purposes of this Indenture, all references to “principal amount” of the relevant record date for such Interest Notes shall include any increase in the principal amount of the Notes as a result of a PIK Payment Dateor delivery of PIK Notes. Each Global Note shall represent the aggregate amount of outstanding Notes from time to time endorsed thereon; provided that, the aggregate principal amount of outstanding Notes represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges and redemptions. Any endorsement of a Global Note to reflect the amount of any increase or decrease in the aggregate principal amount of outstanding Notes represented thereby shall be rounded up to made by the nearest whole dollar. For each of Trustee, in accordance with instructions given by the Interest PeriodsHolder thereof as required by Section 2.06 hereof or, the Company may elect, no later than 15 days prior to the relevant Interest Payment Date, to pay interest in cash or in the form case of an increase resulting from the payment of PIK Interest andInterest, if the Company elects to pay PIK Interest in respect of an Interest Period, the Company shall deliver to the Trustee and the Paying Agent written notification, executed by an Officer of the Company, substantially in the form of Exhibit E, setting forth such election no later than 15 days prior to the relevant Interest Payment Date (and the Trustee shall furnish a copy thereof to the Holders in accordance with the applicable procedures)provisions hereof. The terms and provisions contained in the Notes will constitute, and are hereby expressly made, a part of this Indenture and the Issuer, the Note Guarantor and the Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby. However, to the extent any provision of any Note conflicts with the express provisions of this Indenture, the provisions of this Indenture shall govern and be controlling.