Common use of INDENTURE AND COLLATERAL DOCUMENTS Clause in Contracts

INDENTURE AND COLLATERAL DOCUMENTS. The Company issued the Notes under an Indenture dated as of August 18, 2009 (the “Indenture”) among the Company, the Guarantors, the Trustee and the Collateral Agent. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the TIA. The Notes are subject to all such terms, and Holders are referred to the Indenture and the TIA for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are senior secured obligations of the Company. The obligations of the Company and the Guarantors under the Notes and the Note Guarantees are secured by Liens on the Collateral pursuant to the terms of the Collateral Documents. The Indenture does not limit the aggregate principal amount of Notes that may be issued thereunder.

INDENTURE AND COLLATERAL DOCUMENTS. The Company issued the Notes under an Indenture dated as of August 18October 22, 2009 (the “Indenture”) among the Company, the GuarantorsGuarantors (if any) party thereto, the Trustee and the Collateral Agent. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the TIA. The Notes are subject to all such terms, and Holders are referred to the Indenture and the TIA for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are senior secured obligations of the Company. The obligations of the Company and the Guarantors (if any) under the Notes and the Note Guarantees (if any) are secured by Liens on the Collateral pursuant as and to the terms of extent provided in the Collateral Documents. The Indenture does not limit limits the aggregate principal amount of Notes that may be issued thereunderthereunder to $216.5 million.

INDENTURE AND COLLATERAL DOCUMENTS. The Company Issuers issued the Notes under an Indenture dated as of August 18April 7, 2009 2010 (the “Indenture”) among the CompanyIssuers, the Guarantors, the Trustee and the Collateral Agent. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the TIA. The Notes are subject to all such terms, and Holders are referred to the Indenture and the TIA such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are senior secured obligations unsecured Obligations of the CompanyIssuers. The obligations of the Company and the Guarantors under the Notes and the Note Guarantees by the Principal Property Subsidiaries are secured by Liens on a pledge of the Collateral pursuant to the terms of Collateral Documents referred to in the Collateral DocumentsIndenture. The Indenture does not limit the aggregate principal amount of Notes that may be issued thereunder.

INDENTURE AND COLLATERAL DOCUMENTS. The Company issued the Notes under an Indenture dated as of August 18October 16, 2009 2012 (the “Indenture”) among the Company, the Guarantors, the Trustee Guarantors and the Collateral AgentTrustee. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the TIA. The Notes are subject to all such terms, and Holders are referred to the Indenture and the TIA for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are senior secured obligations of the Company. The obligations Notes are secured by a pledge of substantially all of the assets of the Company and the Guarantors under the Notes and the Note Guarantees are secured by Liens on the Collateral pursuant to the terms of Collateral Documents referred to in the Collateral DocumentsIndenture. The Indenture does not limit the aggregate principal amount of Notes that may be issued thereunder.

INDENTURE AND COLLATERAL DOCUMENTS. The Company Issuers issued the Notes under an Indenture dated as of August 18April 7, 2009 2010 (the “Indenture”) among the CompanyIssuers, the Guarantors, the Trustee and the Collateral Agent. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the TIA. The Notes are subject to all such terms, and Holders are referred to the Indenture and the TIA such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are senior secured unsecured obligations of the CompanyIssuers. The obligations of the Company and the Guarantors under the Notes and the Note Guarantees by the Principal Property Subsidiaries are secured by Liens on a pledge of the Collateral pursuant to the terms of Collateral Documents referred to in the Collateral DocumentsIndenture. The Indenture does not limit the aggregate principal amount of Notes that may be issued thereunder.

INDENTURE AND COLLATERAL DOCUMENTS. The Company issued the Notes under an Indenture dated as of August 18June 3, 2009 1999 ("Indenture"), between the “Indenture”) among the Company, the Guarantors, the Trustee Company and the Collateral AgentTrustee. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the TIATrust Indenture Act of 1939, as amended (15 U.S. Code ssss 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and the TIA such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are senior secured obligations of the Company. The obligations of the Company and that are limited in aggregate principal amount to the Guarantors amount borrowed under the Notes Indenture and the Note Guarantees are secured by Liens a first lien on the Collateral Collateral, whether now owned or hereafter acquired, subject to Permitted Liens, pursuant to the terms of the Collateral Documents. The Indenture does not limit the aggregate principal amount of Notes that may be issued thereunder.