Common use of Form of Face of Note Clause in Contracts

Form of Face of Note. No. 1 $40,000,000 HomeTown Buffet, Inc. 7% Convertible Subordinated Note due 2002 CUSIP No. 000000XX0 HomeTown Buffet, Inc., a corporation duly organized and existing under the laws of Delaware (herein called the "Company," which term includes any successor Person under the Indenture hereinafter referred to), for value received, hereby promises to pay to Cede & Co. or registered assigns, the principal sum of Forty Million Dollars on December 1, 2002, and to pay interest thereon from November 27, 1995 or from and including the most recent Interest Payment Date to which interest has been paid or duly provided for, semi-annually on June 1 and December 1 in each year, commencing June 1, 1996, at the rate of 7% per annum, until the principal hereof is paid or made available for payment. The interest so payable, and punctually paid or duly provided for, on any Interest Payment Date will, as provided in such Indenture, be paid to the Person in whose name this Note (or one or more Predecessor Notes) is registered at the close of business on the Regular Record Date for such interest, which shall be May 15 or November 15 (whether or not a Business Day), as the case may be, next preceding such Interest Payment Date. Any such interest not so punctually paid or duly provided for will forthwith cease to be payable to the Holder on such Regular Record Date and may either be paid to the Person in whose name this Note (or one or more Predecessor Notes) is registered at the close of business on a Special Record Date for the payment of such Defaulted Interest to be fixed by the Trustee, notice of which shall be given to Holders of Notes not less than ten (10) days prior to such Special Record Date, or be paid at any time in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, all as more fully provided in said Indenture. Payment of the principal of (and premium, if any) and interest on this Note will be made at the office or agency of the Company maintained for that purpose in the Borough of Manhattan, The City of New York, in such coin or currency of the United States of America as at the time of payment is legal tender for payment of public and private debts; provided, however, that at the option of the Company payment of interest may be made by check mailed to the address of the Person entitled thereto as such address shall appear in the Note Register. Reference is hereby made to the further provisions of this Note set forth on the reverse hereof, which further provisions shall for all purposes have the same effect as if set forth at this place. Unless the certificate of authentication hereon has been executed by the Trustee referred to on the reverse hereof by manual signature, this Note shall not be entitled to any benefit under the Indenture or be valid or obligatory for any purpose.

Form of Face of Note. No. 1 _______ $40,000,000 HomeTown Buffet, Inc. _______ Prime Hospitality Corp. 7% Convertible Subordinated Note due Due 2002 CUSIP No. 000000XX0 HomeTown Buffet, Inc.741917 AB 4 Prime Hospitality Corp., a corporation duly organized and existing under the laws of Delaware (herein called the "Company," which term includes any successor Person under the Indenture hereinafter referred to), for value received, hereby promises to pay to Cede & Co. or registered assigns, the principal sum of Forty Million Dollars on December 1April 15, 2002, and to pay interest thereon from November 27April 26, 1995 or from and including the most recent Interest Payment Date to which interest has been paid or duly provided for, semi-annually on June 1 April 15 and December 1 October 15 in each year, commencing June 1October 15, 19961995, at the rate of 7% per annum, until the principal hereof is paid or made available for payment. The interest so payable, and punctually paid or duly provided for, on any Interest Payment Date will, as provided in such Indenture, be paid to the Person in whose name this Note (or one or more Predecessor Notes) is is, registered at the close of business on the Regular Record Date for such interest, which shall be May 15 April 1 or November 15 October 1 (whether or not a Business Day), as the case may be, next preceding such Interest Payment Date. Any such interest not so punctually paid or duly provided for will forthwith cease to be payable to the Holder on such Regular Record Date and may either be paid to the Person in whose name this Note (or one or more Predecessor Notes) is registered at the close of business on a Special Record Date for the payment of such Defaulted Interest to be fixed by the Trustee, notice of which shall be given to Holders of Notes not less than ten (10) days prior to such Special Record Date, or be paid at any time in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, all as more fully provided in said Indenture. Payment of the principal of (and premium, if any) and interest on this Note will be made at the office or agency of the Company maintained for that purpose in the Borough of Manhattan, The City of New YorkYork or at the Corporate Trust Office, in such coin or currency of the United States of America as at the time of payment is legal tender for payment of public and private debts; provided, however, that at the option of the Company payment of interest may be made by check mailed to the address of the Person entitled thereto as such address shall appear in the Note Register. Reference is hereby made to the further provisions of this Note set forth on the reverse hereof, which further provisions shall for all purposes have the same effect as if set forth at this place. Unless the certificate of authentication hereon has been executed by the Trustee referred to on the reverse hereof by manual signature, this Note shall not be entitled to any benefit under the Indenture or be valid or obligatory for any purpose.made

Form of Face of Note. [Insert any legend required by the Internal Revenue Code and the regulations thereunder.] PUBLIC SERVICE COMPANY OF NEW MEXICO ___________________________ No. 1 ______________ $40,000,000 HomeTown Buffet, Inc. 7% Convertible Subordinated Note due 2002 ______________ CUSIP No. 000000XX0 HomeTown Buffet, Inc.____________ Public Service Company of New Mexico, a corporation duly organized and existing under the laws of Delaware New Mexico (herein called the "CompanyCOMPANY," which term includes any successor Person under the Indenture hereinafter referred to), for value received, hereby promises to pay to Cede & Co. ________ , or registered assigns, the principal sum of Forty Million ______ Dollars on December 1______ [if the Note is to bear interest prior to Maturity, 2002insert - , and to pay interest thereon from November 27, 1995 ______ or from and including the most recent Interest Payment Date to which interest has been paid or duly provided for, semi-annually on June 1 __________ and December 1 _____ in each year, commencing June 1, 1996______ , at the rate of 7___% per annum, until the principal hereof is paid or made available for payment] [if applicable, insert - , provided that any principal and premium, and any such installment of interest, which is overdue shall bear interest at the rate of ___% per annum (to the extent that the payment of such interest shall be legally enforceable), from the dates such amounts are due until they are paid or made available for payment, and such interest shall be payable on demand]. The interest so payable, and punctually paid or duly provided for, on any Interest Payment Date will, as provided in such Indenture, be paid to the Person in whose name this Note (or one or more Predecessor Notes) is registered at the close of business on the Regular Record Date for such interest, which shall be May 15 the __________ or November 15 _________ (whether or not a Business Day), as the case may be, next preceding such Interest Payment Date. Any such interest not so punctually paid or duly provided for will forthwith cease to be payable to the Holder on such Regular Record Date and may either be paid to the Person in whose name this Note (or one or more Predecessor Notes) is registered at the close of business on a Special Record Date for the payment of such Defaulted Interest to be fixed by the Trustee, notice of which whereof shall be given to Holders of Notes of this series not less than ten (10) 10 days prior to such Special Record Date, or be paid at any time in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes of this series may be listed, and upon such notice as may be required by such exchange, all as more fully provided in said Indenture]. [If the Note is not to bear interest prior to Maturity, insert - The principal of this Note shall not bear interest except in the case of a default in payment of principal upon acceleration, upon redemption or at Stated Maturity and in such case the overdue principal and any overdue premium shall bear interest at the rate of ___% per annum (to the extent that the payment of such interest shall be legally enforceable), from the dates such amounts are due until they are paid or made available for payment. Interest on any overdue principal or premium shall be payable on demand. Any such interest on overdue principal or premium which is not paid on demand shall bear interest at the rate of ______% per annum (to the extent that the payment of such interest on interest shall be legally enforceable), from the date of such demand until the amount so demanded is paid or made available for payment. Interest on any overdue interest shall be payable on demand.] Payment of the principal of (and premium, if any) and [if applicable, insert - any such] interest on this Note will be made at the office or agency of the Company maintained for that purpose in the Borough of Manhattan, The City of New York_______ , in such coin or currency of the United States of America as at the time of payment is legal tender for payment of public and private debtsdebts [if applicable, insert - ; provided, however, that at the option of the Company payment of interest may be made by check mailed to the address of the Person entitled thereto as such address shall appear in the Note Register]. Reference is hereby made to the further provisions of this Note set forth on the reverse hereof, which further provisions shall for all purposes have the same effect as if set forth at this place. Unless the certificate of authentication hereon has been executed by the Trustee referred to on the reverse hereof by manual signature, this Note shall not be entitled to any benefit under the Indenture or be valid or obligatory for any purpose.

Form of Face of Note. [Insert any legend required by the Internal Revenue Code and the regulations thereunder.] MOBILE MINI, INC. _______% Senior Subordinated Notes Due 2002 No. 1 _____________ $40,000,000 HomeTown Buffet, Inc. 7% Convertible Subordinated Note due 2002 _________ CUSIP NoNO. 000000XX0 HomeTown Buffet_________ Mobile Mini, Inc., a corporation duly organized and existing under the laws of Delaware (herein called the "Company," ", which term includes any successor Person under the Indenture hereinafter referred to), for value received, hereby promises to pay to Cede & Co. _____________________________ or registered assigns, the principal sum of Forty Million _____________________________ Dollars on December November 1, 2002, and to pay interest thereon from November 27___________, 1995 1997 or from and including the most recent Interest Payment Date to which interest has been paid or duly provided for, semi-annually on June May 1 and December November 1 in each year, commencing June May 1, 19961998, at the rate of 7____% per annum, until the principal hereof is paid or made available for payment, provided that any principal and overdue interest shall bear interest at the rate of 2% per month (to the extent that the payment of such interest shall be legally enforceable) during the continuation of an Event of Default (as defined in the Indenture), from the dates such amounts are due until they are paid or made available for payment, and such interest shall be payable on demand. The interest so payable, and punctually paid or duly 12 provided for, on any Interest Payment Date will, as provided in such Indenture, be paid to the Person in whose name this a Note (or one or more Predecessor Notes) is registered at the close of business on the Regular Record Date for such interest, which shall be May the April 15 or November October 15 (whether or not a Business Day), as the case may be, next preceding such Interest Payment Date. Any such interest not so punctually paid or duly provided for will forthwith cease to be payable to the Holder on such Regular Record Date and may either be paid to the Person in whose name this a Note (or one or more Predecessor Notes) is registered at the close of business on a Special Record Date for the payment of such Defaulted Interest to be fixed by the Trustee, notice of which whereof shall be given to Holders of Notes not less than ten (10) 10 days prior to such Special Record Date, or be paid at any time in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, all as more fully provided in said Indenture. Payment of the principal of (and premium, if any) and interest on this Note the Notes will be made at the office or agency of the Company maintained for that purpose in the Borough of ManhattanPhoenix, The City of New YorkArizona, in such coin or currency of the United States of America as at the time of payment is legal tender for payment of public and private debts; provided, however, that at the option of the Company payment of interest may be made by check mailed to the address of the Person entitled thereto as such address shall appear in the Note Register. Reference is hereby made to the further provisions of this Note set forth on the reverse hereof, which further provisions shall for all purposes have the same effect as if set forth at this place. Unless the certificate of authentication hereon has been executed by the Trustee referred to on the reverse hereof by manual signature, this Note shall not be entitled to any benefit under the Indenture or be valid or obligatory for any purpose.

Form of Face of Note. Except as may be provided in a Future Supplemental Indenture, with respect to the Notes and no other class or series of Securities issued pursuant to the Indenture, Section 202 of the Base Indenture shall be replaced in its entirety with the following: The form of the face of any Notes authenticated and delivered hereunder and of the Trustee’s Certificate of Authentication shall be substantially as follows: [Legend if Note is a Global Note] THIS NOTE IS A GLOBAL NOTE WITHIN THE MEANING OF THE INDENTURE HEREINAFTER REFERRED TO AND IS REGISTERED IN THE NAME OF A DEPOSITARY OR A NOMINEE OF A DEPOSITARY OR A SUCCESSOR DEPOSITARY. TRANSFERS OF THIS GLOBAL NOTE SHALL BE LIMITED TO TRANSFERS IN WHOLE, BUT NOT IN PART, TO NOMINEES OF THE DEPOSITORY TRUST COMPANY, A NEW YORK CORPORATION (“DTC”) OR TO A SUCCESSOR THEREOF OR SUCH SUCCESSOR’S NOMINEE AND TRANSFERS OF PORTIONS OF THIS GLOBAL NOTE SHALL BE LIMITED TO TRANSFERS MADE IN ACCORDANCE WITH THE INDENTURE. CUSIP NO. [ ] No. 1 $40,000,000 HomeTown Buffet, Inc. 7% Convertible Subordinated Note due 2002 CUSIP No. 000000XX0 HomeTown Buffet$ Sonic Automotive, Inc., a Delaware corporation duly organized and existing under the laws of Delaware (herein called the "“Company," ” which term includes any successor Person under the Indenture hereinafter referred to), for value received, hereby promises to pay to Cede & Co. or registered assigns, the principal sum of Forty Million Dollars on December 1$ United States dollars, 2002or such other principal amount (which, and to pay interest thereon from November 27, 1995 or from and including the most recent Interest Payment Date to which interest has been paid or duly provided for, semi-annually on June 1 and December 1 in each year, commencing June 1, 1996, at the rate of 7% per annum, until when taken together with the principal hereof is paid or made available for payment. The interest so payableamounts of all other Notes then Outstanding, and punctually paid or duly provided for, on any Interest Payment Date will, as provided in such Indenture, be paid to shall not exceed $160,000,000 less the Person in whose name this Note (or one or more Predecessor Notes) is registered at the close principal amount of business on the Regular Record Date for such interest, which shall be May 15 or November 15 (whether or not a Business Day), as the case may be, next preceding such Interest Payment Date. Any such interest not so punctually paid or duly provided for will forthwith cease to be payable to the Holder on such Regular Record Date and may either be paid to the Person in whose name this Note (or one or more Predecessor Notes) is registered at the close of business on a Special Record Date for the payment of such Defaulted Interest to be fixed Notes redeemed by the Trustee, notice of which shall be given to Holders of Notes not less than ten (10) days prior to such Special Record Date, or be paid at any time Company in any other lawful manner not inconsistent accordance with the requirements of any securities exchange on which the Notes may be listed, and upon such notice Indenture) as may be required by such exchangeset forth on the Note Register on Appendix A hereto in accordance with the Indenture, all as more fully provided in said Indenture. Payment of the principal of (and premiumon November 30, if any) and interest on this Note will be made 2015, at the office or agency of the Company maintained for that purpose in the Borough referred to below. Interest Payment Dates: May 31 and November 30 of Manhattaneach year, The City commencing May 31, 2006. Interest Record Date: May 15 and November 15 of New York, in such coin or currency of the United States of America as at the time of payment is legal tender for payment of public and private debts; provided, however, that at the option of the Company payment of interest may be made by check mailed to the address of the Person entitled thereto as such address shall appear in the Note Registereach year. Reference is hereby made to the further provisions of this Note set forth on the reverse hereof, which further provisions shall for all purposes have the same effect as if set forth at this place. Unless the certificate of authentication hereon has been duly executed by the Trustee referred to on the reverse hereof or by the authenticating agent appointed as provided in the Indenture by manual signaturesignature of an authorized signer, this Note shall not be entitled to any benefit under the Indenture Indenture, or be valid or obligatory for any purpose.

Form of Face of Note. [Insert any legend required by the Internal Revenue Code and the regulations thereunder.] PNM RESOURCES, INC. No. 1 $40,000,000 HomeTown Buffet, Inc. 7% Convertible Subordinated Note due 2002 $ CUSIP No. 000000XX0 HomeTown BuffetPNM Resources, Inc., a corporation duly organized and existing under the laws of Delaware New Mexico (herein called the "“Company," ” which term includes any successor Person under the Indenture hereinafter referred to), for value received, hereby promises to pay to Cede & Co. , or registered assigns, the principal sum of Forty Million Dollars on December 1[if the Note is to bear interest prior to Maturity, 2002insert - , and to pay interest thereon from November 27, 1995 or from and including the most recent Interest Payment Date to which interest has been paid or duly provided for, [semi-annually on June 1 and December 1 ] [quarterly on , , and ] in each year, commencing June 1, 1996, at the rate of 7% per annum, until the principal hereof is paid or made available for payment] [if applicable, insert -, provided that any principal and premium, and any such installment of interest, which is overdue shall bear interest at the rate of % per annum (to the extent that the payment of such interest shall be legally enforceable), from the dates such amounts are due until they are paid or made available for payment, and such interest shall be payable on demand]. The interest so payable, and punctually paid or duly provided for, on any Interest Payment Date will, as provided in such Indenture, be paid to the Person in whose name this Note (or one or more Predecessor Notes) is registered at the close of business on the Regular Record Date for such interest, which shall be May 15 the or November 15 (whether or not a Business Day), as the case may be, next preceding such Interest Payment Date. Any such interest not so punctually paid or duly provided for will forthwith cease to be payable to the Holder on such Regular Record Date and may either be paid to the Person in whose name this Note (or one or more Predecessor Notes) is registered at the close of business on a Special Record Date for the payment of such Defaulted Interest to be fixed by the Trustee, notice of which whereof shall be given to Holders of Notes of this series not less than ten (10) 10 days prior to such Special Record Date, or be paid at any time in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes of this series may be listed, and upon such notice as may be required by such exchange, all as more fully provided in said Indenture]. [If the Note is not to bear interest prior to Maturity, insert - The principal of this Note shall not bear interest except in the case of a default in payment of principal upon acceleration, upon redemption or at Stated Maturity and in such case the overdue principal and any overdue premium shall bear interest at the rate of % per annum (to the extent that the payment of such interest shall be legally enforceable), from the dates such amounts are due until they are paid or made available for payment. Interest on any overdue principal or premium shall be payable on demand. Any such interest on overdue principal or premium which is not paid on demand shall bear interest at the rate of % per annum (to the extent that the payment of such interest on interest shall be legally enforceable), from the date of such demand until the amount so demanded is paid or made available for payment. Interest on any overdue interest shall be payable on demand.] Payment of the principal of (and premium, if any) and [if applicable, insert - any such] interest on this Note will be made at the office or agency of the Company maintained for that purpose in the Borough of Manhattan, The City of New York, in such coin or currency of the United States of America as at the time of payment is legal tender for payment of public and private debtsdebts [if applicable, insert - ; provided, however, that at the option of the Company payment of interest may be made by check mailed to the address of the Person entitled thereto as such address shall appear in the Note Register]. Reference is hereby made to the further provisions of this Note set forth on the reverse hereof, which further provisions shall for all purposes have the same effect as if set forth at this place. Unless the certificate of authentication hereon has been executed by the Trustee referred to on the reverse hereof by manual signature, this Note shall not be entitled to any benefit under the Indenture or be valid or obligatory for any purpose.

Form of Face of Note. [Insert any legend required by the Internal Revenue Code and the regulations thereunder.] MOBILE MINI, INC. _______% Senior Subordinated Notes Due 2002 No. 1 _____________ $40,000,000 HomeTown Buffet, Inc. 7% Convertible Subordinated Note due 2002 _________ CUSIP NoNO. 000000XX0 HomeTown Buffet_________ Mobile Mini, Inc., a corporation duly organized and existing under the laws of Delaware (herein called the "Company," ", which term includes any successor Person under the Indenture hereinafter referred to), for value received, hereby promises to pay to Cede & Co. _____________________________ or registered assigns, the principal sum of Forty Million _____________________________ Dollars on December November 1, 2002, and to pay interest thereon from November 27___________, 1995 1997 or from and including the most recent Interest Payment Date to which interest has been paid or duly provided for, semi-annually on June May 1 and December November 1 in each year, commencing June May 1, 19961998, at the rate of 7____% per annum, until the principal hereof is paid or made available for payment, provided that any principal and overdue interest shall bear interest at the rate of 2% per month (to the extent that the payment of such interest shall be legally enforceable) during the continuation of an Event of Default (as defined in the Indenture), from the dates such amounts are due until they are paid or made available for payment, and such interest shall be payable on demand. The interest so payable, and punctually paid or duly 12 provided for, on any Interest Payment Date will, as provided in such Indenture, be paid to the Person in whose name this a Note (or one or more Predecessor Notes) is registered at the close of business on the Regular Record Date for such interest, which shall be May the April 15 or November October 15 (whether or not a Business Day), as the case may be, next preceding such Interest Payment Date. Any such interest not so punctually paid or duly provided for will forthwith cease to be payable to the Holder on such Regular Record Date and may either be paid to the Person in whose name this a Note (or one or more Predecessor Notes) is registered at the close of business on a Special Record Date for the payment of such Defaulted Interest to be fixed by the Trustee, notice of which whereof shall be given to Holders of Notes not less than ten (10) 10 days prior to such Special Record Date, or be paid at any time in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, all as more fully provided in said Indenture. Payment of the principal of (and premium, if any) and interest on this Note the Notes will be made at the office or agency of the Company maintained for that purpose in the Borough of ManhattanChicago, The City of New YorkIllinois, in such coin or currency of the United States of America as at the time of payment is legal tender for payment of public and private debts; provided, however, that at the option of the Company payment of interest may be made by check mailed to the address of the Person entitled thereto as such address shall appear in the Note Register. Reference is hereby made to the further provisions of this Note set forth on the reverse hereof, which further provisions shall for all purposes have the same effect as if set forth at this place. Unless the certificate of authentication hereon has been executed by the Trustee referred to on the reverse hereof by manual signature, this Note shall not be entitled to any benefit under the Indenture or be valid or obligatory for any purpose.