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 October 22, 2009 (the “Indenture”) among the Company, the Guarantors (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 as and to the extent provided in the Collateral Documents. The Indenture limits the aggregate principal amount of Notes that may be issued thereunder to $216.5 million.

INDENTURE AND COLLATERAL DOCUMENTS. The Company issued the Notes under an Indenture dated as of October 22August 18, 2009 (the “Indenture”) among the Company, the Guarantors (if any) party theretoGuarantors, 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 as and pursuant to the extent provided in terms of the Collateral Documents. The Indenture limits does not limit the aggregate principal amount of Notes that may be issued thereunder to $216.5 millionthereunder.

INDENTURE AND COLLATERAL DOCUMENTS. The Company issued the Notes under an Indenture dated as of October 2216, 2009 2012 (the “Indenture”) among the Company, the Guarantors (if any) party thereto, the Trustee 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 (if any) under the Notes and the Note Guarantees (if any) are secured by Liens on pursuant to the Collateral as and Documents referred to the extent provided in the Collateral DocumentsIndenture. The Indenture limits does not limit the aggregate principal amount of Notes that may be issued thereunder to $216.5 millionthereunder.