Form and Dating Terms. (a) Provisions relating to the Notes are set forth in Appendix A, which is hereby incorporated in and expressly made a part of this Agreement. The Notes shall each be substantially in the form of Exhibit A hereto, which is hereby incorporated in and expressly made a part of this Agreement. The Notes may have notations, legends or endorsements required by law, rules or agreements with national securities exchanges to which the Company or any Guarantor is subject, if any, or usage (provided that any such notation, legend or endorsement is in a form acceptable to the Company). Each Note shall be dated the date of its execution. The Notes shall be in denominations of $2,000 and integral multiples of $1 in excess thereof. (b) The terms and provisions contained in the Notes shall constitute, and are hereby expressly made, a part of this Agreement, and the Company and the Guarantors, by their execution and delivery of this Agreement, 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 Agreement, the provisions of this Agreement shall govern and be controlling. (c) In connection with the payment of PIK Interest in respect of the Notes, the outstanding principal amount of the Notes shall be increased through the capitalization of such interest thereon (each a “PIK Payment”). Unless the context requires otherwise, references to “principal amount” of the Notes includes any increases in the principal amount of the outstanding Notes as a result of PIK Payments.
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