Common use of Form, Dating and Denominations; Legends Clause in Contracts

Form, Dating and Denominations; Legends. (a) The Notes and the Trustee’s certificate of authentication will be substantially in the form attached as Exhibit A. The terms and provisions contained in the form of the Notes annexed as Exhibit A constitute, and are hereby expressly made, a part of this Indenture and the Company, the Guarantors 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. The Notes may have notations, legends or endorsements required by law, rules of or agreements with national securities exchanges to which the Company is subject; provided that the Notes issued on the Issue Date shall not be issued with any notations, legends or endorsements (other than any DTC Legend on a Global Note). Each Note will be dated the date of its authentication. The Notes will be issuable in denominations of $2,000 in principal amount and any multiple of $1,000 in excess thereof (or in respect of a payment in PIK Notes, in minimum denominations of $1.00 and any integral multiple of $1.00 in excess thereof). (1) Each Global Note, whether or not an Initial Note, PIK Note or Additional Note, will bear the DTC Legend. (2) Notes will be issued, subject to Section 2.09(b), in the form of one or more Global Notes.

Form, Dating and Denominations; Legends. (a) The 2020 Notes and the 2023 Notes and the Trustee’s certificate certificates of authentication will be substantially in the form attached as Exhibit A. A-1 and A-2, respectively. The terms and provisions contained in the form of the Notes annexed as Exhibit A constitute, and are hereby expressly made, a part of this Indenture and the Company, the Guarantors and the Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby. However; 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, to the extent permitted by applicable law. The Notes may have notations, legends or endorsements required by law, rules of or agreements with national securities exchanges to which the Company is subject; provided that the Notes issued on the Issue Date shall not be issued with any notations, legends or endorsements (other than any DTC Legend on a Global Note)usage. Each Note will be dated the date of its authentication. The Notes will be issuable in minimum denominations of $2,000 in principal amount and any multiple of $1,000 in excess thereof (or in respect of a payment in PIK Notes, in minimum denominations of $1.00 and any integral multiple of $1.00 in excess thereof). (1) Except as otherwise provided in paragraph (c), Section 2.09(b)(4) or 2.10(b)(3), (b)(5), or (c), each Initial Note or Initial Additional Note (other than a Permanent Offshore Note) will bear the Restricted Legend. (2) Each Global Note, whether or not an Initial Note, PIK Note or Additional Note, will bear the DTC Legend. (23) Each Temporary Offshore Global Note will bear the Temporary Offshore Global Note Legend. (4) Initial Notes and Initial Additional Notes offered and sold in reliance on Regulation S will be issued as provided in Section 2.11(a). (5) Upon the Company’s approval and written request to the Trustee, Initial Notes offered and sold in reliance on Rule 144A or any other exception under the Securities Act other than Regulation S and Rule 144A may be issued in the form of Certificated Notes. (6) Initial Notes resold to Institutional Accredited Investors will be in the form of an IAI Global Note. (7) Exchange Notes will be issued, subject to Section 2.09(b), in the form of one or more Global Notes. (1) If the Company determines (upon the advice of counsel and such other certifications and evidence as the Company may reasonably require) that a Note is eligible for resale pursuant to Rule 144 under the Securities Act (or a successor provision) without the need for current public information and that the Restricted Legend is no longer necessary or appropriate in order to ensure that subsequent transfers of the Note (or a beneficial interest therein) are effected in compliance with the Securities Act, or (2) if after an Initial Note or any Initial Additional Note is (x) sold pursuant to an effective registration statement under the Securities Act, pursuant to the Registration Rights Agreement or otherwise, or (y) is validly tendered for exchange into an Exchange Note pursuant to an Exchange Offer, then the Company may instruct the Trustee to cancel the Note and issue to the Holder thereof (or to its transferee) a new Note of like tenor and amount, registered in the name of the Holder thereof (or its transferee), that does not bear the Restricted Legend, and the Trustee will comply with such instruction. (d) By its acceptance of any Note bearing the Restricted Legend (or any beneficial interest in such a Note), each Holder thereof and each owner of a beneficial interest therein acknowledges the restrictions on transfer of such Note (and any such beneficial interest) set forth in this Indenture and in the Restricted Legend and agrees that it will transfer such Note (and any such beneficial interest) only in accordance with the Indenture and such legend.

Form, Dating and Denominations; Legends. (a) The Notes and the Trustee’s certificate of authentication will be substantially in the form attached as Exhibit A. The terms and provisions contained in the form of the Notes annexed as Exhibit A constitute, and are hereby expressly made, a part of this Indenture and the Company, the Guarantors 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. The Notes may have notations, legends or endorsements required by law, rules of or agreements with national securities exchanges to which the Company is subject; provided that the Notes issued on the Issue Date shall not be issued with any notations, legends or endorsements (other than any DTC Legend on a Global Note). Each Note will be dated the date of its authentication. The Notes will be issuable in denominations of $2,000 in principal amount and any multiple of $1,000 in excess thereof (or in respect of a payment in PIK Notes, in minimum denominations of $1.00 and any integral multiple of $1.00 in excess thereof). (1) Each Global Note, whether or not an Initial Note, PIK Note or Additional Note, will bear the DTC Legend. (2) Notes will be issued, subject to Section 2.09(b), in the form of one or more Global Notes.