Common use of Issuance of Additional Notes Clause in Contracts

Issuance of Additional Notes. The Issuers shall be entitled, subject to their compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, other than with respect to the date of issuance, issue price and the date from which interest begins to accrue. The Initial Notes issued on the Initial Issuance Date, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; and (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendix.

Issuance of Additional Notes. The Issuers If authorized by a Board Resolution, the Company shall be entitled, subject to their compliance with Section 4.09, entitled to issue Additional Notes under this Indenture which shall have substantially identical terms as the Initial Notes issued on the Initial Issuance DateNotes, other than with respect to the date of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto or upon a registration default as provided under a registration rights agreement related thereto, if any (and if such Additional Notes shall be issued in the form of Unrestricted Notes, other than with respect to transfer restrictions); provided that such issuance shall be made in compliance with this Indenture; provided, however, that no Additional Notes may be issued at a price and that would cause such Additional Notes to have “original issue discount” within the date from which interest begins to accruemeaning of Section 1273 of the Code. The Initial Notes issued on the Initial Issuance Closing Date, any Additional Notes and all Exchange Notes issued in exchange therefor for such Initial Notes or Additional Notes shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers Company shall set forth in an Officers’ Certificate, a copy of which shall be delivered to the Trustee, or in a supplemental indenture, the following information: (1) the aggregate principal amount of Notes outstanding immediately prior to the issuance of such Additional Notes; (2) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (23) the issue price, price and the issue date of such Additional Notes and the CUSIP number and any corresponding ISIN amount of interest payable on the first interest payment date applicable thereto; (4) the “CUSIP”, “ISIN” or “Common Code” number, as applicable, of such Additional Notes; and (35) whether such Additional Notes shall be Transfer Restricted Notes, and in which form and pursuant to which exemptions from the Securities Act they may be issued and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture resold, or whether they shall be Unrestricted Notes issued in pursuant to a registration statement under the form of Exchange Notes as set forth in Exhibit A to the AppendixSecurities Act.

Issuance of Additional Notes. The Issuers shall Issuer will be entitled, upon delivery of an Officers’ Certificate, Opinion of Counsel and Authentication Order, subject to their its compliance with Section 4.09, to issue Additional Notes under this the Indenture which shall that will have identical terms to and the same CUSIP number as the Initial Notes issued on the Initial Issuance Date, date of this Indenture other than with respect to the date of issuance, public offering price, interest accrued prior to the issue price date of the Additional Notes and, if applicable, the initial interest payment date; provided that such Additional Notes must be part of the same issue as and fungible with the date from which interest begins Initial Notes for United States federal income tax purposes and provided further that no such Additional Notes may be issued if the Issuer has effected satisfaction and discharge with respect to accruethe Notes pursuant to Article 11 or effected legal defeasance or covenant defeasance with respect to the Notes pursuant to Article 12. The Initial Notes issued on the Initial Issuance Date, and any such Additional Notes will constitute a single series of debt securities, and all Exchange in circumstances in which this Indenture provides for the Holders of Notes issued in exchange therefor shall be treated to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take the action as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchaseclass. With respect to any Additional Notes, the Issuers shall Issuer will set forth in a resolution of its Board of Directors and an Officers’ Certificate, a copy of each of which shall will be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture;; and (2) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; and Notes (3) whether such Additional Notes which CUSIP number shall be Transfer Restricted Securities and issued in the form of same as the CUSIP number for the Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the AppendixNotes).

Issuance of Additional Notes. The Issuers shall be entitled, subject to their compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, other than with respect to the date of issuance, issuance and issue price and the date from which interest begins to accrueprice. The Initial Notes issued on the Initial Issuance Date, any Additional Notes and all Exchange Notes or Private Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; provided, however, that no Additional Notes may be issued at a price that would cause such Additional Notes to have “original issue discount” within the meaning of Section 1273 of the Code; and (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendix.

Issuance of Additional Notes. The Issuers shall be entitled, subject to their compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, other than with respect to the date of issuance, the issue price and the date from which interest begins to accrue. The Initial Notes issued on the Initial Issuance Date, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; provided, however, that no Additional Notes may be issued at a price that would cause such Additional Notes to have “original issue discount” within the meaning of Section 1273 of the Code; and (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendix.

Issuance of Additional Notes. The Issuers shall be entitled, subject to their compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, other than with respect to the date of issuance, issuance and issue price and the date from which interest begins to accrueprice. The Initial Notes issued on the Initial Issuance Date, and any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date (and the corresponding date from which interest shall accrue thereon and the first interest payment date therefor) and the CUSIP number and any corresponding ISIN of such Additional Notes; provided, however, that any issuance of Additional Notes (i) is treated as part of the same issue as the Initial Notes within the meaning of Treasury Regulation § 1.1275-1(f), (ii) is a qualified reopening of the Initial Notes within the meaning of Treasury Regulation § 1.1275-2(k), or (iii) is otherwise fungible with the Initial Notes for U.S. federal income tax purposes, in the case of each of clauses (i), (ii) and (iii), so that such Additional Notes will trade as part of a single class with the Initial Notes; and (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A 2 to the Appendix.

Issuance of Additional Notes. The Issuers shall will be entitled, upon delivery of an Officers’ Certificate, Opinion of Counsel and Authentication Order, subject to their compliance with Section 4.092.02 hereof, to issue Additional Notes under this Indenture Indenture, which shall have identical terms as the Initial Notes issued on the Initial Issuance Issue Date, other than with respect to the date of issuance, issue price and the initial date from which interest begins to accrue. The Initial Notes issued shall accrue on the Initial Issuance Date, any such Additional Notes and all Exchange Notes issued issue price. Without the consent of any Holder of Notes, the Issuers will be entitled to make any amendments to this Indenture or the Note Guarantees as they reasonably determine appropriate in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers good faith to purchasefacilitate the issuance of such Additional Notes. With respect to any Additional Notes, the Issuers shall will set forth in a resolution of the Board of Directors of Xxxx Resorts Capital and an Officers’ Certificate, a copy of each which shall be delivered to the Trustee, the following information: (1a) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; and (3b) whether which such Additional Notes shall be Transfer Restricted Securities and Notes issued in the form of Initial Restricted Global Notes or Restricted Definitive Notes, as set forth in Exhibit 1 to the Appendix to this Indenture case may be, or shall be Notes issued in the form of Exchange Unrestricted Global Notes or Unrestricted Definitive Notes, as set forth in Exhibit A the case may be. With respect to any Additional Notes, the Opinion of Counsel delivered to the AppendixTrustee shall state: (c) that the form and terms of such Additional Notes have been established conformity with this Indenture; and (d) that such Additional Notes, when authenticated and delivered by the Trustee and issued by Xxxx Resorts Finance and Xxxx Resorts Capital in the manner and subject to any conditions specified in such Opinion of Counsel, will constitute valid and binding obligations of the Issuers, enforceable in accordance with their terms, subject to bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting the enforcement of creditors’ rights and to general equity principles.

Issuance of Additional Notes. The Issuers Issuer shall be entitled, subject to their compliance with Section 4.09, entitled to issue Additional Notes under this Indenture which that shall have identical terms as the Initial Notes issued on the Initial Issuance DateNotes, other than with respect to the date of issuance, issue price price, amount of interest payable on the first interest payment date applicable thereto and any customary escrow provisions, transfer restrictions and any registration rights agreement and additional interest with respect thereto; provided that such issuance is not otherwise prohibited by the date from which interest begins to accrueterms of this Indenture, including Section 4.9. The Initial Notes issued on the Initial Issuance Date, and any Additional Notes and all Exchange Notes issued in exchange therefor shall be be, without limitation, treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers Issuer shall set forth in a resolution of its Board of Directors and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, along with an Opinion of Counsel which will address conditions precedent, due authorization, execution and enforceability, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and Issue Date, the CUSIP number and any corresponding ISIN of such Additional Notes; and, the first interest payment date and the amount of interest payable on such first interest payment date applicable thereto and the date from which interest shall accrue; (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the AppendixNotes; and (4) an Authentication Order.

Issuance of Additional Notes. The Issuers shall Issuer will be entitled, upon delivery of an Officer’s Certificate, Opinion of Counsel and Authentication Order, subject to their compliance with Section 4.092.02 hereof, to issue Additional Notes under this Indenture Indenture, which shall have identical terms as the Initial Notes issued on the Initial Issuance Datedate of this Indenture, other than with respect to the date of issuance, issue price and the initial date from which interest begins to accrue. The Initial Notes issued shall accrue on the Initial Issuance Date, any such Additional Notes and all Exchange Notes issued issue price. Without the consent of any Holder of Notes, the Issuer will be entitled to make any amendments to this Indenture as it reasonably determines appropriate in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers good faith to purchasefacilitate the issuance of such Additional Notes. With respect to any Additional Notes, the Issuers shall Issuer will set forth in a resolution of the Board of Directors of the Issuer and an Officers’ Officer’s Certificate, a copy of each which shall be delivered to the Trustee, the following information: (1a) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; and (3b) whether which such Additional Notes shall be Transfer Restricted Securities and Notes issued in the form of Initial Restricted Global Notes or Restricted Definitive Notes, as set forth in Exhibit 1 to the Appendix to this Indenture case may be, or shall be Notes issued in the form of Exchange Unrestricted Global Notes or Unrestricted Definitive Notes, as set forth in Exhibit A the case may be. In order for any Additional Notes to have the Appendixsame CUSIP, Common Code or ISIN, as applicable, as the Notes, such Additional Notes must be fungible with the Notes for United States federal income tax purposes.

Issuance of Additional Notes. (a) The Issuers Issuer shall be entitled, subject to their its compliance with Section 4.09Article Four, to issue Additional Notes under this Indenture which Indenture. Any Additional Notes shall have identical terms be part of the same series as the Initial Notes issued on the date hereof, rank equally with the Initial Issuance Date, Notes and have identical terms and conditions to the Initial Notes in all respects other than with respect to (a) the date of issuance, (b) the issue price price, (c) rights under a related Registration Rights Agreement, if any, and (d) at the option of the Issuer, (i) as to the payment of interest accruing prior to the issue date from which of such Additional Notes, and (ii) the first payment of interest begins to accruefollowing the issue date of such Additional Notes. The Initial Notes issued on the Initial Issuance DateNotes, any Additional Notes subsequently issued upon original issue under this Indenture and all Exchange Notes issued in exchange therefor for Initial Notes or any Additional Notes shall be treated as a single class for all purposes under this Indenture, including, without limitationincluding directions, waivers, amendments, consents, directions, declarations, amendments, redemptions and offers to purchase. , and none of the Holders of any Initial Notes, any Exchange Notes or any Additional Notes shall have the right to vote or consent as a separate class on any matter to which such Holders are entitled to vote or consent; provided, however, that if any Additional Notes are not fungible with the Initial Notes, such Additional Notes shall have a different CUSIP number (or other applicable identifying number). (b) With respect to any Additional Notes, the Issuers Issuer shall set forth in an Officers’ Certificate, a copy of which shall be delivered to the TrusteeTrustee at or prior to original issuance thereof, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue pricedate (and the corresponding date from which interest shall accrue thereon and the first Interest Payment Date therefor), the issue date CUSIP and/or ISIN number and the CUSIP number and any corresponding ISIN issue price of such Additional Notes; and (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in subject to the form of Initial Notes as restrictions on transfer set forth in Exhibit 1 Section 2.06 relating to Restricted Global Notes and Restricted Definitive Notes. (c) Notwithstanding anything else herein, with respect to any Additional Notes issued subsequent to the Appendix to date hereof, when the context requires, (1) all references in Article 2 herein and elsewhere in this Indenture or to a Registration Rights Agreement shall be issued to the Registration Rights Agreement entered into with respect to such Additional Notes, (2) any references in this Indenture to the Exchange Offer, Exchange Offer Registration Statement, Shelf Registration Statement, and any other term related thereto shall be to such terms as they are defined in such Registration Rights Agreement entered into with respect to such Additional Notes, (3) all time periods described in the form Notes with respect to the registration of Exchange such Additional Notes shall be as provided in such Registration Rights Agreement entered into with respect to such Additional Notes, (4) any Additional Interest, if set forth in Exhibit A such Registration Rights Agreement, may be paid to the AppendixHolders of the Additional Notes immediately prior to the making or the consummation of the Exchange Offer regardless of any other provisions regarding record dates herein and (5) all provisions of this Indenture shall be construed and interpreted to permit the issuance of such Additional Notes and to allow such Additional Notes to become fungible and interchangeable with the Initial Notes originally issued under this Indenture (and Exchange Notes issued in exchange therefor). Indebtedness represented by Additional Notes shall be subject to the covenants contained in this Indenture.

Issuance of Additional Notes. The Issuers Company shall be entitled, subject to their compliance with Section 4.09, entitled to issue Additional Notes under this Indenture which that shall have identical terms as the Initial Notes issued on the Initial Issuance DateNotes, other than with respect to the date of issuance, issue price price, amount of interest payable on the first interest payment date applicable thereto and any customary escrow provisions (and, if such Additional Notes shall be issued in the date from which form of Restricted Notes, other than with respect to transfer restrictions, any Registration Rights Agreement and additional interest begins to accruewith respect thereto); provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.9. The Initial Notes issued on the Initial Issuance Date, and any Additional Notes and all Exchange Notes issued in exchange therefor shall be be, without limitation, treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers Company shall set forth in a resolution of its Board of Directors and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and date, the CUSIP number and any corresponding ISIN of such Additional Notes; and, the first interest payment date and the amount of interest payable on such first interest payment date applicable thereto and the date from which interest shall accrue; (3) whether such Additional Notes shall be Transfer Restricted Securities and Notes; (4) the Board Resolution approving such Additional Notes issued in certificated form pursuant to Section 2.1(e); (5) an Officers’ Certificate dated the form of Initial Notes as set forth in Exhibit 1 date such Certificate is delivered to the Appendix to Trustee stating that all conditions precedent provided for in this Indenture or shall be issued relating to the authentication and delivery of such Additional Notes in such form have been complied with; and (6) an Opinion of Counsel stating that such Additional Notes in such form, when (i) completed by appropriate insertions and executed and delivered by the Company to the Trustee for authentication in accordance with this Indenture, (ii) authenticated and delivered by such Trustee in accordance with this Indenture within the authorization as to aggregate principal amount established from time to time by the Board of Directors, and (iii) sold in the form manner specified in such Opinion of Exchange Notes Counsel, will be the legal, valid and binding obligations of the Company, subject to applicable bankruptcy, reorganization, insolvency and other similar laws generally affecting creditors’ rights, to general equitable principles and to such other qualifications as set forth in Exhibit A to such counsel shall conclude do not materially affect the Appendixrights of Holders of such Additional Notes.

Issuance of Additional Notes. (a) The Issuers Issuer shall be entitled, subject to their compliance with Section 4.09, to issue Additional Notes under this Indenture which as interest and Additional Amounts, as applicable, unless the Issuer elects to pay interest or Additional Amounts in cash. The Additional Notes shall have identical terms as the Initial Original Notes issued on the Initial Issuance Issue Date, other than with respect except that interest will begin to accrue from the date of issuance, issue price they are issued rather than the Issue Date. Any Additional Notes issued as provided for herein and the date from which interest begins to accrue. The Initial Original Notes issued on the Initial Issuance Date, any Additional Notes and all Exchange Notes issued in exchange therefor shall will be treated as a single class and as part of the same series for all purposes under this Indenture, including, without limitation, (including waivers, consents, directions, declarations, amendments, redemptions redemption and offers to purchase. ) under this Indenture and will be equally and ratably secured by the same Collateral (as defined in Section 10.01) securing the Original Notes. (b) With respect to any Additional Notes, the Issuers Issuer shall set forth in an Officers’ Certificate, which shall be delivered deliver to the Trustee, Trustee and the following informationPaying Agent: (1i) no later than the aggregate principal amount Record Date for the relevant Interest Payment Date, a written notice setting forth the extent to which such interest payment will be made in the form of cash, if election is made to pay in cash, and if no such Additional Notes to election is made, such interest payment shall otherwise be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such payable in Additional Notes; and (3ii) whether no later than two Business Days prior to the relevant Interest Payment Date, (i) if such Notes are in definitive form, the required amount of new definitive Additional Notes and an order to authenticate and deliver such Additional Notes shall or (ii) if such Notes are in global form, an order to increase the principal amount of such Notes by the relevant amount (or, if necessary, to authenticate a new Global Note executed by the Issuer with such increased principal amounts). (c) Any Additional Notes shall, after being executed and authenticated pursuant to Section 2.02, be Transfer Restricted Securities and issued (i) mailed to the person entitled thereto as shown on the register for the certificated Notes if the Notes are then held in the form of Initial certificated Notes as set forth of the relevant Record Date, or (ii) deposited into the account specified by the Holder or Holders thereof as of the relevant Record Date if the Notes are held in Exhibit 1 global form. Alternatively, the Issuer may direct the Paying Agent to make the appropriate amendments to the Appendix to this Indenture schedule of principal amounts of the relevant Global Notes outstanding and arrange for deposit into the account specified by the Holder or Holders thereof as of the relevant Record Date. Payment shall be issued made in such form and upon such terms as specified herein and the form of Exchange Notes Issuer shall and the Paying Agent may take additional steps as set forth in Exhibit A is necessary to the Appendixeffect such payment.

Issuance of Additional Notes. The Issuers shall be entitledCompany may, subject to their compliance with Section 4.091011 of this Indenture, to issue Additional additional Notes under this Indenture which shall have having identical terms as and conditions to the Initial Notes issued on the Initial Issuance Issue Date, other than with respect to the date of issuance, the issue price and the date from which interest first begins to accrueaccrue (the “Additional Notes”). The Initial Notes issued on the Initial Issuance Date, Issue Date and any Additional Notes and all Exchange Notes subsequently issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. Exchange Notes issued in exchange for Initial Notes issued on the Issue Date and Exchange Notes issued for any Additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture (except that any series of Notes that is not fungible with the Initial Notes for U.S. Federal income tax purposes may be treated for purposes of provisions of this Indenture relating to transfer and exchange as a separate class that does not trade fungibly with Notes that have differing treatment under U.S. Federal income tax law and may be assigned a different CUSIP or other identification number). Notwithstanding anything else herein, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With with respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, which shall be delivered Notes issued subsequent to the Trusteedate of this Indenture, when the following information: context requires, (1) all references in the aggregate principal amount of Appendix and elsewhere in this Indenture to a Registration Rights Agreement shall be to the Registration Rights Agreement entered into with respect to such Additional Notes to be authenticated and delivered pursuant to this Indenture; Notes, (2) any references in this Indenture to the issue priceExchange Offer, the issue date and the CUSIP number registration statement, Additional Interest, Initial Purchasers, and any corresponding ISIN of other term related thereto shall be to such terms as they are defined in such Registration Rights Agreement entered into with respect to such Additional Notes; and , (3) whether all time periods described in the Notes with respect to the registration of such Additional Notes shall be Transfer Restricted Securities and issued as provided in the form of Initial Notes as such Registration Rights Agreement entered into with respect to such Additional Notes, (4) any Additional Interest, if set forth in Exhibit 1 such Registration Rights Agreement, may be paid to the Appendix holders of the Additional Notes immediately prior to the making or the consummation of the Exchange Offer regardless of any other provisions regarding record dates herein and (5) all provisions of this Indenture or shall be construed and interpreted to permit the issuance of such Additional Notes and to allow such Additional Notes to become fungible and interchangeable with the Initial Notes originally issued under this Indenture (and Exchange Notes issued in the form of Exchange Notes as set forth in Exhibit A to the Appendixexchange therefor).

Issuance of Additional Notes. The Issuers Company shall be entitled, subject to their its compliance with Section 4.09the conditions and covenants provided for in this Indenture, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Issue Date, other than with respect to the date of issuance, issuance and issue price and the date from which interest begins to accrueprice. The Initial Notes issued on the Initial Issuance Issue Date, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, including without limitation, waivers, consents, directions, declarationswaiver, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers Company shall set forth in a resolution of the Board of Directors and an Officers’ ' Certificate, a copy of each which shall be delivered to the Trustee, the following information: (1a) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2b) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; and (3c) whether such Additional Notes shall be Transfer Restricted Securities transfer restricted notes and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to Section 2.02 this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the AppendixNotes.

Issuance of Additional Notes. The Issuers Issuer shall be entitled, subject from time to their compliance with Section 4.09time, without notice to, or consent of, the Holders of the Notes, to create and issue additional principal amounts of Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, Issue Date (other than with respect to the date of issuanceissue date, issue price price, the payment of interest accruing prior to the issue date thereof and the date from which first payment of interest begins to accrue. The Initial Notes issued on the Initial Issuance Datethereon, and any Additional Amounts due with respect thereto, after the issue date thereof), as the case may be; provided, however, that unless such Additional Notes and all Exchange are issued under a separate CUSIP number, such Additional Notes issued in exchange therefor shall be treated as a single class fungible with the original series for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchaseU.S. federal income tax purposes. With respect to any Additional Notes, the Issuers Issuer shall set forth in a Resolution and an Officers’ Officer’s Certificate, a copy of each which shall be delivered to the Trustee, the following information: (1i) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2ii) the issue price, the issue date and the CUSIP “CUSIP” and “ISIN” number and of any corresponding ISIN of such Additional Notes; andNotes and the amount of interest payable on the first payment date applicable thereto; (3iii) whether such Additional Notes shall be Transfer Restricted Securities transfer restricted securities and issued in the same form of as Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to this Indenture; and (iv) if applicable, the AppendixResale Restriction Termination Date relating to the Notes and the Distribution Compliance Period for such Additional Notes.

Issuance of Additional Notes. The Issuers After the Initial Issuance Date, the Company shall be entitled, subject to their its compliance with Section 4.09, to issue Additional Notes under this Indenture the Indenture, which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, other than with respect to the date of issuance, issue the initial issuance price and the date from which first interest begins to accrue. The Initial Notes issued on the Initial Issuance Date, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchasepayment date. With respect to any Additional Notes, the Issuers Company shall set forth in a Board Resolution and an Officers’ Officer's Certificate, a copy of each which shall be delivered to the TrusteeTrustee and upon which the Trustee shall be fully protected in relying, the following information: (1a) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to the Indenture; (b) the issue date and the CUSIP number of such Additional Notes; (c) the date from which interest shall accrue on such Additional Notes; and (d) such Officer's Certificate shall comply with the terms of Section 12.05. The Company shall also deliver to the Trustee an Opinion of Counsel which shall state: (1) that the form of such Notes has been established by or pursuant to a resolution of the Board of Directors in accordance with Sections 2.02 and 2.03 and in conformity with the provisions of this Indenture; (2) that the issue price, the issue date and the CUSIP number and any corresponding ISIN terms of such Additional NotesNotes have been established in accordance with Section 2.02 and in conformity with the other provisions of this Indenture; and (3) whether that such Additional Notes shall be Transfer Restricted Securities Notes, when authenticated and delivered by the Trustee and issued by the Company in the form manner and subject to any conditions specified in such Opinion of Initial Notes as set forth Counsel, will constitute valid and legally binding obligations of the Company, enforceable in Exhibit 1 accordance with their terms, subject to bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting the Appendix enforcement of creditors' rights and to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendixgeneral equity principles.

Issuance of Additional Notes. (a) The Issuers Company shall be entitled, subject to their its compliance with Section 4.09Article Four, to issue Additional Notes under this Indenture which Indenture. Any Additional Notes shall have identical terms be part of the same series as the Initial Notes issued on the Initial Issuance Issue Date, rank equally with the Initial Notes and have identical terms and conditions to the Initial Notes in all respects other than with respect to (a) the date of issuance, (b) the issue price price, (c) rights under a related Registration Rights Agreement, if any, and (d) at the option of the Company, (i) as to the payment of interest accruing prior to the issue date from which of such Additional Notes, and (ii) the first payment of interest begins to accruefollowing the issue date of such Additional Notes. The Initial Notes issued on the Initial Issuance DateNotes, any Additional Notes subsequently issued upon original issue under this Indenture and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitationincluding directions, waivers, amendments, consents, directions, declarations, amendments, redemptions and offers to purchase. ; and none of the Holders of any Initial Notes, any Exchange Notes or any Additional Notes shall have the right to vote or consent as a separate class on any matter to which such Holders are entitled to vote or consent. (b) With respect to any Additional Notes, the Issuers Company shall set forth in a Board Resolution and an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date (and the corresponding date from which interest shall accrue thereon and the first interest payment date therefor) and the CUSIP and/or ISIN number and any corresponding ISIN of such Additional Notes; and (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in subject to the form of Initial Notes as restrictions on transfer set forth in Exhibit 1 Section 2.07 relating to the Appendix to this Indenture or shall be issued in the form of Exchange Restricted Global Notes as set forth in Exhibit A to the Appendixand Restricted Definitive Notes.

Issuance of Additional Notes. The Issuers shall be entitled, from time to time, without consent of the Holders and (x) subject to their compliance with Section 4.09Sections 4.09 and 4.13 and (y) provided that, on each date of issuance of Additional Notes, if any, and as a condition precedent to such issuance, the Company shall cause to be secured by the Lien of this Indenture and the Security Documents (subject only to Permitted Liens), (a) one or more Qualified Vessels (together with any Related Assets) that will become Mortgaged Vessels on the date of incurrence of such Additional Notes, (b) cash and/or (c) any combination of clauses (a) and (b), such that on each such date of issuance of Additional Notes the requirements of the proviso in clause (c) of the definition of “Permitted Liens” shall be satisfied, to issue Additional Notes under this Indenture which shall have with identical terms as the Initial Notes issued on the Initial Issuance Date, other than with respect to (i) the date of issuance, (ii) the issue price price, (iii) the amount of interest payable on the first interest payment date and (iv) any adjustments in order to conform to and ensure compliance with the date from which interest begins Securities Act (or other applicable securities laws) or to accruereflect differences with respect to original issue discount for U.S. federal income tax purposes. The Initial Notes issued on the Initial Issuance Date, and any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, including those with respect to waivers, consents, directions, declarations, amendments, redemptions and offers to purchase; provided that if any Additional Notes are not fungible with the Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ CertificateCertificate pursuant to a resolution of the Board of Directors of the Company, copies of which shall be delivered to the TrusteeTrustee (with a copy to the Paying Agent and the Registrar), the following information: (1i) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture;; and (2ii) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; and (3) whether Notes and the date on which interest on such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 begin to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendixaccrue.

Issuance of Additional Notes. The Issuers Company shall be entitled, subject to their compliance with Section 4.09, entitled to issue Additional Notes under this Indenture which that shall have identical terms and conditions as the Initial Notes issued on the Initial Issuance Issue Date, other than with respect to the date of issuance, issue price price, the first Interest Payment Date applicable thereto and the date from which amount of interest begins to accruepayable on the first Interest Payment Date applicable thereto; provided that such issuance is not prohibited by Section 4.09. The Initial Notes issued on the Initial Issuance Date, Issue Date and any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions redemptions, Change of Control Offers and offers Asset Sale Offers; provided that Additional Notes will not be issued with the same CUSIP or ISIN, as applicable, as the Notes issued on the Issue Date unless such Additional Notes are fungible with the Notes issued on the Issue Date for U.S. federal income tax purposes. For the purposes of this Indenture, except for Section 4.09, references to purchasethe Notes include Additional Notes, if any. With respect to any Additional Notes, the Issuers Company shall set forth in a resolution of its Board of Directors and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture;; and (2) the issue price, the applicable issue date and date, the CUSIP number and any corresponding ISIN of such Additional Notes; and (3) whether , the first Interest Payment Date and the amount of interest payable on such Additional Notes first Interest Payment Date applicable thereto and the date from which interest shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendixaccrue.

Issuance of Additional Notes. The Issuers shall be entitled, subject to their compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, other than with respect to the date of issuance, issuance and issue price and the date from which interest begins to accrueprice. The Initial Notes issued on the Initial Issuance Date, any Additional Notes and all Exchange Notes or Private Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; and (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the AppendixSecurities.

Issuance of Additional Notes. The Issuers shall Issuer will be entitled, upon delivery of an Officers’ Certificate, Opinion of Counsel and Authentication Order, subject to their its compliance with Section 4.09, to issue Additional Notes under this the Indenture which shall that will have identical terms to and the same CUSIP number as the Initial Notes issued on the Initial Issuance Date, date of this Indenture other than with respect to the date of issuance, issue price and interest accrued prior to the issue date from which interest begins of the Additional Notes; provided that such Additional Notes must be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes and provided further that no such Additional Notes may be issued if the Issuer has effected satisfaction and discharge with respect to accruethe Notes pursuant to Article 11 or effected legal defeasance or covenant defeasance with respect to the Notes pursuant to Article 12. The Initial Notes issued on the Initial Issuance Date, and any such Additional Notes will constitute a single series of debt securities, and all Exchange in circumstances in which this Indenture provides for the Holders of Notes issued in exchange therefor shall be treated to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take the action as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchaseclass. With respect to any Additional Notes, the Issuers shall Issuer will set forth in a resolution of its Board of Directors and an Officers’ Certificate, a copy of each of which shall will be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes (which CUSIP number shall be the same as the CUSIP number for the Initial Notes); and (3) whether such Additional Notes shall be Transfer Restricted Securities transfer restricted Notes and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to Section 2.04 of this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the AppendixNotes.

Issuance of Additional Notes. The Issuers Company shall be entitled, subject to their compliance with Section 4.09, entitled to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance DateNotes, other than with respect to the date of issuance, issue price (including amount of interest deemed to have accrued since the last Interest Payment Date), and the date from which amount of interest begins to accruepayable or upon a registration default as provided under a registration rights agreement related thereto; provided that such issuance shall be made in compliance with Section 4.10. The Initial Notes Company will use all reasonable efforts to ensure that the Exchange Securities and any exchange securities issued on the Initial Issuance Date, in exchange for any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchasetransaction exempt from the registration requirements of the Securities Act have the same CUSIP numbers. With respect to any Additional Notes, the Issuers Company shall set forth in a resolution of its Board of Directors (or a duly appointed committee thereof) and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of Notes outstanding immediately prior to the issuance of such Additional Notes; (2) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (23) the issue price, price and the issue date and the CUSIP number and any corresponding ISIN of such Additional NotesNotes (including amount of interest deemed to have accrued since the last Interest Payment Date); and (34) whether such Additional Notes shall be Transfer Restricted Securities and issued transfer restricted securities bearing a legend in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture B or Exhibit C hereto or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendixregistered securities and bear no such legend.

Issuance of Additional Notes. The Issuers shall will be entitled, from time to time, subject to their its compliance with Section 4.094.09 hereof, without consent of the Holders, to issue Additional Notes under this Indenture which shall have with identical terms as the Initial Notes issued on the Initial Issuance Date, Issue Date other than with respect to (i) the date of issuance, (ii) the issue price price, (iii) the amount of interest payable on the first interest payment date and (iv) any adjustments in order to conform to and ensure compliance with the date from which interest begins to accrueSecurities Act (or other applicable securities laws). The Initial Notes issued on the Initial Issuance Issue Date, any Additional Notes and all Exchange Notes issued in exchange therefor shall will be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers shall will set forth in an Officers’ CertificateOfficer’s Certificate pursuant to a resolution of the Board of Directors of the Issuers, copies of which shall will be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; provided, however, that no Additional Notes may be issued at a price that would cause such Additional Notes to have “original issue discount” within the meaning of Section 1273 of the Internal Revenue Code of 1986, as amended; and (3) whether such Additional Notes shall will be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 subject to the Appendix to this Indenture transfer restrictions or shall will be issued in the form of Exchange Notes as set forth in Exhibit A to the AppendixNotes.

Issuance of Additional Notes. The Issuers shall be entitled, subject to their compliance with Section 4.094.09 hereof, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Issue Date, other than with respect to the date of issuance, issue price issuance and the date from which interest begins to accrueaccrues. The Initial Notes issued on the Initial Issuance Date, Issue Date and any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase; provided that Additional Notes will not be issued with the same CUSIP or ISIN, as applicable, as the Initial Notes unless such Additional Notes are fungible with the Initial Notes for U.S. federal income tax purposes. With respect to any Additional Notes, each Issuer shall set forth in a resolution of its Board of Directors and the Issuers Company shall set forth in an Officers’ Certificate, a copy of each which shall be delivered to the Trustee, the following information: (1a) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2b) the issue pricedate from which interest accrues, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; and (3c) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 subject to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendixrestrictions on transfer.

Issuance of Additional Notes. (a) The Issuers Issuer shall be entitled, subject to their its compliance with Section 4.09Article 4, to issue Additional Notes under this Indenture which Indenture. Any Additional Notes shall have identical terms be part of the same series as the Initial Notes issued on the Initial Issuance Issue Date, rank equally with the Initial Notes and have identical terms and conditions to the Initial Notes in all respects other than with respect to (a) the date of issuance, (b) the issue price and (c) at the option of the Issuer, (i) as to the payment of interest accruing prior to the issue date from which of such Additional Notes, and (ii) the first payment of interest begins to accruefollowing the issue date of such Additional Notes. The Initial Notes issued on the Initial Issuance Date, and any Additional Notes and all Exchange Notes subsequently issued in exchange therefor upon original issue under this Indenture shall be treated as a single class for all purposes under this Indenture, including, without limitationincluding directions, waivers, amendments, consents, directions, declarations, amendments, redemptions and offers to purchase. , and none of the Holders of any Initial Notes or any Additional Notes shall have the right to vote or consent as a separate class on any matter to which such Holders are entitled to vote or consent; provided, however, that if any Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such Additional Notes shall have a different CUSIP number (or other applicable identifying number). (b) With respect to any Additional Notes, the Issuers Issuer shall set forth in a supplemental indenture or an Officers’ Certificate, a copy of which shall be delivered to the TrusteeTrustee at or prior to original issuance thereof, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue pricedate (and the corresponding date from which interest shall accrue thereon and the first Interest Payment Date therefor), the issue date CUSIP and/or ISIN number and the CUSIP number and any corresponding ISIN issue price of such Additional Notes; and (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in subject to the form of Initial Notes as restrictions on transfer set forth in Exhibit 1 Section 2.06 relating to the Appendix to this Indenture or shall be issued in the form of Exchange Restricted Global Notes as set forth in Exhibit A to the Appendixand Restricted Definitive Notes.

Issuance of Additional Notes. The Issuers Company shall be entitled, subject from time to their compliance with Section 4.09time, without notice to, or consent of, the Holders of the Notes, to create and issue additional principal amounts of Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance DateIssue Date or the Exchange Notes exchanged therefor (in each case, other than with respect to the date of issuanceissue date, issue price price, the payment of interest accruing prior to the issue date thereof and the date from which first payment of interest begins to accrue. The Initial Notes issued on the Initial Issuance Date(including Additional Interest, if any) thereon, and any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated Amounts due with respect thereto, after the issue date thereof), as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchasethe case may be. With respect to any Additional Notes, the Issuers Company shall set forth in a resolution of the Board of Directors and an Officers’ Certificate, which a copy of each shall be delivered to the Trustee, the following information: (1i) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2ii) the issue price, the issue date and the CUSIP “CUSIP” and “ISIN” number and of any corresponding ISIN of such Additional Notes; andNotes and the amount of interest payable on the first payment date applicable thereto; (3iii) whether such Additional Notes shall be Transfer Restricted Securities transfer restricted securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes Notes, in each case as set forth in Exhibit A to this Indenture; and (iv) if applicable, the Appendixresale restriction termination date relating to the Notes and the Restricted Period for such Additional Notes.

Issuance of Additional Notes. The Issuers shall be entitledFrom time to time the Company may, subject without notice to their compliance with Section 4.09or the consent of the Holders of the Notes, to create and issue Additional additional Notes under this Indenture which shall have having identical terms as to the Initial Notes issued on the Initial Issuance Date, (other than with respect to the issue date, the issue price or the first payment of interest following the issue date of issuance, issue price such additional Notes) (the “Additional Notes”). Such Additional Notes and the date from which interest begins to accrue. The Initial any Exchange Notes issued on the Initial Issuance Date, for any Additional Notes may be consolidated and form a single series with, and will vote together as one class on all matters with, the Initial Notes and any Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional the Initial Notes, the Issuers shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; and (3) whether provided that such Additional Notes shall be Transfer Restricted Securities and either fungible with the Initial Notes for U.S. Federal income tax purposes or issued under a different CUSIP or other identification number. Notwithstanding anything else herein, with respect to any Additional Notes issued subsequent to the date of this Indenture, when the context requires, (1) all references in the form Appendix and elsewhere in this Indenture to a Registration Rights Agreement shall be to the Registration Rights Agreement, if any, entered into with respect to such Additional Notes, (2) any references in this Indenture to the Exchange Offer, registration statement, Additional Interest, Initial Purchasers and any other term related thereto shall be to such terms as they are defined in such Registration Rights Agreement, if any, entered into with respect to such Additional Notes, (3) all time periods described in the Notes with respect to the registration of Initial such Additional Notes shall be as provided in such Registration Rights Agreement, if any, entered into with respect to such Additional Notes, (4) any Additional Interest, if set forth in Exhibit 1 such Registration Rights Agreement, may be paid to the Appendix Holders of the Additional Notes immediately prior to the making or the consummation of the Exchange Offer regardless of any other provisions regarding record dates herein and (5) all provisions of this Indenture or shall be construed and interpreted to permit the issuance of such Additional Notes and to allow such Additional Notes to become fungible and interchangeable with the Initial Notes originally issued under this Indenture (and Exchange Notes issued in the form of Exchange Notes as set forth in Exhibit A to the Appendixexchange therefor).

Issuance of Additional Notes. The Issuers After the Issue Date, the Company shall be entitled, subject to their its compliance with Section 4.094.03, to issue Additional Notes under this Indenture Indenture, which Notes shall have identical terms as the Initial Notes issued on the Initial Issuance Issue Date, other than with respect to the date of issuanceissuance of such Additional Notes, the issue price and of such Additional Notes, the date from as of which interest begins to accrue. The Initial Notes issued accrue on the Initial Issuance Date, any such Additional Notes and all Exchange the first interest payment date with respect to such Additional Notes. All the Notes issued in exchange therefor under this Indenture shall be treated as a single class for all purposes under of this Indenture, including, without limitation, including waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers Company shall set forth in a resolution of the Board of Directors and an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information: (1a) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture;Indenture and the provision of Section 4.03 that the Company is relying on to issue such Additional Notes; and (2b) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; and (3) whether provided, however, that if any such Additional Notes shall are not fungible for U.S. federal income tax or federal securities law purposes with any other Notes issued under this Indenture, then such Additional Notes will be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture identified by a separate CUSIP number or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendixby no CUSIP number.

Issuance of Additional Notes. The Issuers Company shall be entitled, subject to their compliance with Section 4.09, entitled to issue Additional Notes in an unlimited aggregate principal amount under this Indenture which that shall have identical terms as the Initial Notes issued on the Initial Issuance DateNotes, other than with respect to the date of issuance, issue price and the price, first interest payment date applicable thereto, first date from which interest begins to will accrue, transfer restrictions, any registration rights agreement and additional interest with respect thereto; provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.9 and provided, further, that if any Additional Notes are not fungible with the existing Notes for U.S. federal income tax purposes, as determined by the Company, such Additional Notes will have a separate CUSIP and ISIN numbers. The Initial Notes issued on the Initial Issuance Date, and any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers Company shall set forth in an Officers’ Certificate, a copy of which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and date, the CUSIP and/or ISIN number and any corresponding ISIN of such Additional Notes; and, the first interest payment date and the amount of interest payable on such first interest payment date applicable thereto and the date from which interest shall accrue; (3) whether such Additional Notes shall be Transfer Restricted Securities and issued Notes; and (4) that such issuance is not prohibited by this Indenture. The Trustee shall, upon receipt of the Officers’ Certificate, authenticate the Additional Notes in accordance with the form provisions of Initial Notes as set forth in Exhibit 1 to the Appendix to Section 2.2 of this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the AppendixIndenture.

Issuance of Additional Notes. The Issuers Company shall be entitled, subject from time to their compliance with Section 4.09time, without notice to, or consent of, the Holders of the Notes, to create and issue additional principal amounts of Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, Issue Date (other than with respect to the date of issuanceissue date, issue price price, the payment of interest accruing prior to the issue date thereof and the date from which first payment of interest begins to accrue. The Initial Notes issued on the Initial Issuance Datethereon, and any Additional Amounts due with respect thereto, after the issue date thereof), as the case may be; provided, however, that unless such Additional Notes and all Exchange are issued under a separate CUSIP number, such Additional Notes issued in exchange therefor shall be issued pursuant to a “qualified reopening” of the original series, are otherwise treated as part of the same “issue” of debt instruments as the original series or are issued with no more than a single class de minimis amount of original discount, in each case for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchaseU.S. federal income tax purposes. With respect to any Additional Notes, the Issuers Company shall set forth in a Board Resolution and an Officers’ Certificate, a copy of each which shall be delivered to the Trustee, the following information: (1i) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2ii) the issue price, the issue date and the CUSIP “CUSIP” and “ISIN” number and of any corresponding ISIN of such Additional Notes; andNotes and the amount of interest payable on the first payment date applicable thereto; (3iii) whether such Additional Notes shall be Transfer Restricted Securities transfer restricted securities and issued in the same form of as Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to this Indenture; and (iv) if applicable, the AppendixResale Restriction Termination Date relating to the Notes and the Distribution Compliance Period for such Additional Notes.

Issuance of Additional Notes. The Issuers After the Issue Date, the Company shall be entitled, subject to their its compliance with Section 4.094.03, to issue Additional Notes under this Indenture Indenture, which Notes shall have identical terms as the Initial Notes issued on the Initial Issuance Issue Date, other than with respect to the date of issuanceissuance of such Additional Notes, the issue price and of such Additional Notes, the date from as of which interest begins to accrue. The Initial Notes issued accrue on the Initial Issuance Date, any such Additional Notes and all Exchange the first interest payment date with respect to such Additional Notes. All the Notes issued in exchange therefor under this Indenture shall be treated as a single class for all purposes under of this Indenture, including, without limitation, including waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers Company shall set forth in a resolution of the Board of Directors and an Officers’ Certificate, a copy of each which shall be delivered to the Trustee, the following information: (1a) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture;Indenture and the provision of Section 4.03 that the Company is relying on to issue such Additional Notes; and (2b) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; and (3) whether provided, however, that, if any such Additional Notes shall are not fungible for U.S. federal income tax or federal securities law purposes with any other Notes issued under this Indenture, then such Additional Notes will be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture identified by a separate CUSIP number or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendixby no CUSIP number.

Issuance of Additional Notes. The Issuers Issuer shall be entitled, subject to their compliance with Section 4.09, entitled to issue Additional Notes under this Indenture which shall have identical iden- tical terms as the Initial Notes issued on the Initial Issuance Issue Date, other than with respect to the date of issuance, issue price and amount of interest payable on the first payment date from which interest begins to accrue. The applicable thereto; provided, that any Addi- tional Notes that are not fungible with the Initial Notes issued on the Initial Issuance Date, (or with any other Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as Notes) for United States federal income tax purposes will have a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchaseseparate CUSIP number. With respect to any Additional Notes, the Issuers Issuer shall set forth in a resolution of the Board of Di- rectors and in an Officers’ Certificate, a copy of each which shall be delivered to the Trustee, the following follow- ing information: (1i) the aggregate principal amount of such Additional Notes to be authenticated and delivered deliv- ered pursuant to this Indenture;; and (2ii) the issue price, the issue date and the CUSIP number of such Additional Notes and the amount of interest payable on the first payment date applicable thereto. Any Additional Notes shall vote, together with any corresponding ISIN Notes previously issued pursuant to this In- denture, as a single class for all matters. In addition to the foregoing, in connection with the issuance of such Additional Notes; and (3) whether , the Issuer shall deliver to the Trustee an Authentication Order directing the Trus- tee to authenticate and deliver such Additional Notes along with an Opinion of Counsel to the effect that all conditions precedent to the issuance of such Additional Notes have been complied with, and that, upon authentication, such Additional Notes shall be Transfer Restricted Securities valid and issued binding obligations of the Issuer, enforceable against the Issuer in the form of Initial Notes as set forth in Exhibit 1 accordance with their terms (subject to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendixcustomary assumptions).

Issuance of Additional Notes. The Issuers Company shall be entitled, subject to their compliance with Section 4.09, entitled to issue Additional Notes under this Indenture which shall have terms identical to the terms as of the Initial Notes issued on the Initial Issuance Closing Date, other than with respect to the date of issuance, issue price (including amount of interest deemed to have accrued since the last Interest Payment Date), and the date from which amount of interest begins to accruepayable upon a registration default as provided under a Registration Rights Agreement related thereto; provided that each such issuance must be made in compliance with Section 4.03. The Initial Notes issued on Company shall use commercially reasonable efforts to ensure that the Initial Issuance Date, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as for the Notes issue on the Closing Date, any Exchange Notes issued in exchange for any Additional Notes issued in a single class for all purposes transaction exempt from the registration requirements of the Securities Act and any Additional Notes issued pursuant to an effective registration statement under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchasethe Securities Act have the same CUSIP numbers. With respect to any issue of Additional Notes, the Issuers Company shall set forth the following information in a resolution of its Board of Directors (or a duly appointed committee thereof) and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, Trustee and which shall be sufficient to provide for the following informationissuance of such Additional Notes without entry into any supplemental indenture: (1) the aggregate principal amount of Notes outstanding immediately prior to the issuance of such Additional Notes; (2) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (23) the issue price, price and the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; andNotes (including the amount of interest deemed to have accrued since the last Interest Payment Date); (34) whether such Additional Notes shall be Transfer Restricted Securities restricted securities and issued in bear the form of Initial Notes as set forth in Exhibit 1 Private Placement Legend or any other legend required pursuant to the Appendix to this Indenture Section 2.02 or shall be issued in registered securities and bear no such legend; and (5) the form of Exchange Notes as set forth in Exhibit A to the AppendixRestricted Period, if any.

Issuance of Additional Notes. The Issuers After the Issue Date, the Company shall be entitled, subject to their its compliance with Section 4.094.03, to issue Additional Notes under this Indenture Indenture, which Notes shall have identical terms as the Initial Notes issued on the Initial Issuance Issue Date, other than with respect to the date of issuanceissuance of such Additional Notes, the issue price and of such Additional Notes, the date from as of which interest begins to accrue. The Initial Notes issued accrue on the Initial Issuance Date, any such Additional Notes and all Exchange the first interest payment date with respect to such Additional Notes. All the Notes issued in exchange therefor under this Indenture shall be treated as a single class for all purposes under of this Indenture, including, without limitation, including waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers Company shall set forth in a resolution of the Board of Directors and an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information: (1a) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture;Indenture and the provision of Section 4.03 that the Company is relying on to issue such Additional Notes; and (2b) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; and (3) whether provided, however, that, if any such Additional Notes shall are not fungible for U.S. federal income tax or federal securities law purposes with any other Notes issued under this Indenture, then such Additional Notes will be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture identified by a separate CUSIP number or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendixby no CUSIP number.

Issuance of Additional Notes. The Issuers Company shall be entitled, subject to their compliance with Section 4.09, entitled to issue Additional Notes under this Indenture which shall have substantially identical terms as the Initial Notes issued on the Initial Issuance DateNotes, other than with respect to the date of issuance, issue price, amount of interest payable on the first payment date applicable thereto or upon a registration default as provided under a registration rights agreement related thereto and terms of optional redemption, if any (and, if such Additional Notes shall be issued in the form of Exchange Notes, other than with respect to transfer restrictions); provided, that such issuance shall be made in compliance with Section 1007; provided, however, that no Additional Notes may be issued unless the Additional Notes either (i) are part of the same "issue" as the Initial Notes for purposes of section 1271 through 1275 of the Internal Revenue Code of 1986, as amended (the "Code"), or (ii) have an issue price and for purposes of section 1273 of the Code equal to the adjusted issue price of the Initial Notes, determined as of the issue date from which interest begins to accrueof the Additional Notes. The Initial Notes issued on the Initial Issuance Datedate of this Indenture, any Additional Notes and all Exchange Notes or Private Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers Company shall set forth in an Officers’ ' Certificate, a copy of which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of Notes outstanding immediately prior to the issuance of such Additional Notes; (2) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (23) the issue price, price and the issue date of such Additional Notes and the CUSIP number and any corresponding ISIN amount of interest payable on the first payment date applicable thereto; (4) the "CUSIP", "ISIN" or "Common Code" number, as applicable, of such Additional Notes; and (35) whether such Additional Notes shall be Transfer transfer Restricted Securities (within the meaning set forth in Rule 144(a)(3) of the Securities Act) and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be registered securities issued in the form of Exchange Notes Notes, substantially in the form as set forth in Exhibit A to the AppendixB hereto.

Issuance of Additional Notes. The Issuers Company shall be entitled, subject to their compliance with Section 4.09, entitled to issue Additional Notes under this Indenture which that shall have identical terms as the Initial Notes issued on the Initial Issuance DateNotes, other than with respect to the date of issuance, issue price price, amount of interest payable on the first interest payment date applicable thereto and any customary escrow provisions (and, if such Additional Notes shall be issued in the date from which form of Restricted Notes, other than with respect to transfer restrictions, any Registration Rights Agreement and additional interest begins to accruewith respect thereto); provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.9. The Initial Notes issued on the Initial Issuance Date, and any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers Company shall set forth in a resolution of its Board of Directors and in an Officers’ Officer’s Certificate, a copy of each of which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and date, the CUSIP number and any corresponding ISIN of such Additional Notes, the first interest payment date and the amount of interest payable on such first interest payment date applicable thereto and the date from which interest shall accrue; and (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the AppendixNotes.

Issuance of Additional Notes. The Issuers Issuer shall be entitled, subject to their compliance with Section 4.09, entitled to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Issue Date, other than with respect to the date of issuance, issue price and the date from which amount of interest begins to accrue. The Initial Notes issued payable on the Initial Issuance Datefirst payment date applicable thereto; provided, that any Additional Notes and all Exchange that are not fungible with the Initial Notes issued in exchange therefor shall be treated as (or with any other Additional Notes) for United States federal income tax purposes will have a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchaseseparate CUSIP number. With respect to any Additional Notes, the Issuers Issuer shall set forth in a resolution of the Board of Directors and in an Officers’ Certificate, a copy of each which shall be delivered to the Trustee, the following information: (1i) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture;; and (2ii) the issue price, the issue date and the CUSIP number of such Additional Notes and the amount of interest payable on the first payment date applicable thereto. Any Additional Notes shall vote, together with any corresponding ISIN Notes previously issued pursuant to this Indenture, as a single class for all matters. In addition to the foregoing, in connection with the issuance of such Additional Notes; and (3) whether , the Issuer shall deliver to the Trustee an Authentication Order directing the Trustee to authenticate and deliver such Additional Notes along with an Opinion of Counsel to the effect that all conditions precedent to the issuance of such Additional Notes have been complied with, and that, upon authentication, such Additional Notes shall be Transfer Restricted Securities valid and issued binding obligations of the Issuer, enforceable against the Issuer in the form of Initial Notes as set forth in Exhibit 1 accordance with their terms (subject to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendixcustomary assumptions).

Issuance of Additional Notes. The Issuers Company shall be entitled, subject to their compliance with Section 4.09, entitled to issue Additional Notes under this Indenture which that shall have identical terms as the Initial Notes issued on the Initial Issuance DateNotes, other than with respect to the date of issuance, issue price price, amount of interest payable on the first interest payment date applicable thereto and any customary escrow provisions (and, if such Additional Notes shall be issued in the date from which form of Restricted Notes, other than with respect to transfer restrictions, any Registration Rights Agreement and additional interest begins to accruewith respect thereto); provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.9. The Initial Notes issued on the Initial Issuance Date, and any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers Company shall set forth in a resolution of its Board of Directors and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and date, the CUSIP number and any corresponding ISIN of such Additional Notes, the first interest payment date and the amount of interest payable on such first interest payment date applicable thereto and the date from which interest shall accrue; and (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the AppendixNotes.

Issuance of Additional Notes. The Issuers Company shall be entitled, subject to their compliance with Section 4.09, entitled to issue Additional Notes Notes, including Exchange Notes, under this Indenture which that shall have identical terms as the Initial Notes issued on the Initial Issuance DateNotes, other than with respect to the date of issuance, issue price and amount of interest payable on the first interest payment date from which applicable thereto (and, if such Additional Notes shall be issued in the form of Transfer Restricted Notes, other than with respect to transfer restrictions, any registration rights agreement and additional interest begins to accruewith respect thereto); provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.9 and Section 4.12. The Initial Notes issued on the Initial Issuance Date, and any Additional Notes, PIK Notes and all or Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers Company shall set forth in a Board of Directors Resolution and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and date, the CUSIP number and any corresponding ISIN of such Additional Notes, the first interest payment date and the amount of interest payable on such first interest payment date applicable thereto and the date from which interest shall accrue; and (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the AppendixNotes.

Issuance of Additional Notes. (a) The Issuers Company shall be entitled, subject to their its compliance with Section 4.09Article Four, to issue Additional Notes under this Indenture which Indenture. Any Additional Notes shall have identical terms be part of the same series as the Initial Notes issued on the Initial Issuance Issue Date, rank equally with the Initial Notes and have identical terms and conditions to the Initial Notes in all respects other than with respect to (i) the date of issuance, (ii) the issue price price, and (iii) at the option of the Company, (A) as to the payment of interest accruing prior to the issue date from which of such Additional Notes, and (B) the first payment of interest begins to accrue. The Initial Notes issued on following the Initial Issuance Date, any issue date of such Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. Notes. (b) With respect to any Additional Notes, the Issuers Company shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information: (1i) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2ii) the issue price, date (and the issue corresponding date from which interest shall accrue thereon and the first interest payment date therefor) and the CUSIP or ISIN number and any corresponding ISIN of such Additional Notes; and; (3iii) whether such Additional Notes shall be Transfer Restricted Securities and issued in subject to the form of Initial Notes as restrictions on transfer set forth in Exhibit 1 Section 2.08 relating to Restricted Global Notes and Restricted Definitive Notes. (c) The Initial Notes and any Additional Notes subsequently issued upon original issue under this Indenture shall be considered collectively as a single class for all purposes of this Indenture, including directions, waivers, amendments, consents, redemptions and offers to purchase. Holders of the Initial Notes and any Additional Notes therefor will vote and consent together on all matters to which such Holders are entitled to vote or consent as one class, and none of the Holders of the Initial Notes or any Additional Notes shall have the right to vote or consent as a separate class on any matter to which such Holders are entitled to vote or consent. (d) Notwithstanding anything else herein, with respect to any Additional Notes issued subsequent to the Appendix to Issue Date, when the context requires, all provisions of this Indenture or shall be construed and interpreted to permit the issuance of such Additional Notes and to allow such Additional Notes to become fungible and interchangeable with the Initial Notes originally issued in the form of Exchange under this Indenture. Indebtedness represented by Additional Notes as set forth in Exhibit A shall be subject to the Appendixcovenants contained in this Indenture.

Issuance of Additional Notes. The Issuers Company shall be entitled, subject from time to their compliance with Section 4.09time, without notice to, and without the consent of, the Holders of the Notes, to create and issue additional principal amounts of Additional Notes under this Indenture, provided that, at the time of such issuance, no Event of Default has occurred and is continuing under this Indenture with respect to the Notes, which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, Issue Date (other than with respect to the date of issuanceissue date, issue price price, the payment of interest accruing prior to the issue date thereof and the date from which first payment of interest begins to accrue. The Initial Notes issued on the Initial Issuance Date(including additional interest, if any) thereon, and any Additional Amounts due with respect thereto, after the issue date thereof), as the case may be; provided, however, that unless such Additional Notes and all Exchange are issued under a separate CUSIP number, such Additional Notes issued in exchange therefor shall must be treated as a single class fungible with the original notes for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchaseU.S. federal income tax purposes. With respect to any Additional Notes, the Issuers Company shall set forth in a Board Resolution and an Officers’ Officer’s Certificate, a copy of each which shall be delivered to the Trustee, the following information: (1i) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2ii) the issue price, the issue date and the CUSIP “CUSIP” and “ISIN” number and of any corresponding ISIN of such Additional Notes; andNotes and the amount of interest payable on the first payment date applicable thereto; (3iii) whether such Additional Notes shall be Transfer Restricted Securities transfer restricted securities and issued in the same form of as Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to this Indenture; and (iv) if applicable, the AppendixResale Restriction Termination Date relating to the Notes and the Distribution Compliance Period for such Additional Notes.

Issuance of Additional Notes. The Issuers shall be entitled, subject to their compliance with Section 4.095.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, other than with respect to the date of issuance, issue price and the date from which interest begins to accrue. The Initial Notes issued on the Initial Issuance Date, and any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture;; and (2) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; and (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendix.

Issuance of Additional Notes. (a) The Issuers Issuer shall be entitled, from time to time, subject to their its compliance with Section 4.094.09 and Section 4.12 hereof, without consent of the Holders, to issue Additional Notes under this Indenture which shall have with identical terms as the Initial Notes issued on the Initial Issuance Date, other than with respect to (1) the date of issuance, (2) the issue price price, (3) the amount of interest payable on the first interest payment date, initial interest accrual date and initial interest payment date and (4) any adjustments in order to conform to and ensure compliance with the Securities Act (or other applicable securities laws) (such Additional Notes, “Initial Additional Notes”). The Issuer shall be entitled, from time to time, subject to its compliance with Section 4.09 and Section 4.12 hereof, without consent of the Holders, to issue Additional Notes under this Indenture with identical terms as the Exchange Notes other than with respect to (1) the date from which of issuance, (2) the issue price, (3) the amount of interest begins payable on the first interest payment date, initial interest accrual date and initial interest payment date and (4) any adjustments in order to accrueconform to and ensure compliance with the Securities Act (or other applicable securities laws) (such Additional Notes, “Exchange Additional Notes”). The Initial Notes, the Exchange Notes and any Notes issued on the Initial Issuance Date, any as Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. . (b) With respect to any Additional Notes or Exchange Notes, the Issuers Issuer shall set forth in an Officers’ CertificateCertificate pursuant to a resolution of the Board of Directors of the Issuer, copies of which shall be delivered to the Trustee, the following information: (1) the The aggregate principal amount of such Notes constituting Additional Notes or Exchange Notes (together with the amount of Initial Notes which will be exchanged for such Exchange Notes or Exchange Additional Notes, as applicable), as applicable to be authenticated and delivered pursuant to this Indenture;; and (2) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes or Exchange Notes; and (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes , as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendixapplicable.”

Issuance of Additional Notes. The Issuers shall be entitled, subject to their compliance with Section 4.09, entitled to issue Additional Notes under this Indenture which that shall have identical terms as the Initial Notes issued on the Initial Issuance DateNotes, other than with respect to the date of issuance, issue price and amount of interest payable on the first interest payment date from which applicable thereto (and, if such Additional Notes shall be issued in the form of Transfer Restricted Notes, other than with respect to transfer restrictions, the Registration Rights Agreement and additional interest begins to accruewith respect thereto). The Initial Notes issued on the Initial Issuance Date, and any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers shall set forth in a resolution of each of their Boards of Directors and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information: (1i) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2ii) the issue price, the issue date on which such Additional Notes shall be issued, the CUSIP number, the first interest payment date and the CUSIP number amount of interest payable on such first interest payment date applicable thereto and any corresponding ISIN of such Additional Notesthe date from which interest shall accrue; and (3iii) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the AppendixNotes.

Issuance of Additional Notes. The Issuers shall Issuer will be entitled, subject from time to their compliance with Section 4.09time, without consent of the Holders, to issue Additional Notes under this Indenture which shall have with identical terms as the Initial Notes issued on the Initial Issuance Date, Issue Date other than with respect to (i) the date of issuanceissuance and, if applicable, initial accrual of interest, (ii) the issue price and (iii) any adjustments in order to conform to and ensure compliance with the date from which interest begins to accrueSecurities Act (or other applicable securities laws). The Initial Notes issued on the Initial Issuance Date, Issue Date and any Additional Notes and all Exchange Notes issued in exchange therefor shall will be treated as a single class for all purposes under this Indenture; provided that in the event any Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchasesuch non-fungible Additional Notes will be issued with a separate CUSIP number. With respect to any Additional Notes, the Issuers shall Issuer will set forth in an Officers’ CertificateCertificate or in a resolution of the Board of Directors of the Issuer, copies of which shall will be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; and (3) whether such Additional Notes shall will be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 subject to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendixtransfer restrictions.

Issuance of Additional Notes. The Issuers shall will be entitled, upon delivery of an Officers’ Certificate, Opinion of Counsel and Authentication Order, subject to their compliance with Section 4.092.02 hereof, to issue Additional Notes under this Indenture Indenture, which shall have identical terms as the Initial Notes issued on the Initial Issuance Datedate of this Indenture, other than with respect to the date of issuance, issue price and the initial date from which interest begins to accrue. The Initial Notes issued shall accrue on the Initial Issuance Date, any such Additional Notes and all Exchange Notes issued in exchange therefor shall issue price. Without the consent of any Holder of Notes, the Issuers will be treated as a single class for all purposes under entitled to make any amendments to this Indenture, includingthe Note Guarantees, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers the Pledge Agreement or the Intercreditor Agreement as they reasonably determine appropriate in good faith to purchasefacilitate the issuance of such Additional Notes. With respect to any Additional Notes, the Issuers shall will set forth in a resolution of the Board of Directors of Xxxx Capital and an Officers’ Certificate, a copy of each which shall be delivered to the Trustee, the following information: (1a) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; and (3b) whether which such Additional Notes shall be Transfer Restricted Securities and Notes issued in the form of Initial Restricted Global Notes or Restricted Definitive Notes, as set forth in Exhibit 1 to the Appendix to this Indenture case may be, or shall be Notes issued in the form of Exchange Unrestricted Global Notes or Unrestricted Definitive Notes, as set forth in Exhibit A to the Appendixcase may be.

Issuance of Additional Notes. The Issuers shall Issuer will be entitled, upon delivery of an Officers’ Certificate, Opinion of Counsel and Authentication Order, subject to their its compliance with Section 4.09, to issue Additional Notes under this the Indenture which shall that will have identical terms as to the Initial Notes issued on the Initial Issuance Date, date of this Indenture other than with respect to the date of issuance, public offering price, interest accrued prior to the issue price date of the Additional Notes and, if applicable, the initial interest payment date; provided that if such Additional Notes are not part of the same issue as and fungible with the date Initial Notes for United States federal income tax purposes, such Additional Notes will have a different CUSIP number from which interest begins to accrue. The the applicable series of Initial Notes issued on the Initial Issuance Date, any date of this Indenture or will have no CUSIP number; provided further that no such Additional Notes may be issued if the Issuer has effected satisfaction and all Exchange discharge with respect to the Notes issued pursuant to Article 11 or effected legal defeasance or covenant defeasance with respect to the Notes pursuant to Article 12. The Initial Notes and any such Additional Notes will constitute a single series of debt securities, and in exchange therefor shall be treated circumstances in which this Indenture provides for the Holders of Notes to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take the action as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchaseclass. With respect to any Additional Notes, the Issuers shall Issuer will set forth in a resolution of its Board of Directors and an Officers’ Certificate, a copy of each of which shall will be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture;; and (2) the issue price, the issue date and the CUSIP number and any corresponding ISIN number, if any, of such Additional Notes; and (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendix.

Issuance of Additional Notes. The Issuers Company shall be entitled, subject to their compliance with Section 4.09, entitled to issue Additional Notes under this Indenture which that shall have identical terms as the Initial Notes issued on the Initial Issuance DateNotes, other than with respect to the date of issuance, issue price price, amount of interest payable on the first interest payment date applicable thereto and any customary escrow provisions (and, if such Additional Notes shall be issued in the date from which form of Transfer Restricted Notes, other than with respect to transfer restrictions, any Registration Rights Agreement and additional interest begins to accruewith respect thereto); provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.9. The Initial Notes issued on the Initial Issuance Date, and any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers each Issuer shall set forth in a resolution of its Board of Directors and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and date, the CUSIP number and any corresponding ISIN of such Additional Notes, the first interest payment date and the amount of interest payable on such first interest payment date applicable thereto and the date from which interest shall accrue; and (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the AppendixNotes.

Issuance of Additional Notes. The Issuers Issuer shall be entitled, subject to their compliance with Section 4.09, entitled to issue Additional Notes under this Indenture which that shall have identical terms as the Initial Notes issued on the Initial Issuance Issue Date, other than with respect to the date of issuance, issue price and amount of interest payable on the first payment date from which interest begins applicable thereto (and, if such Additional Notes shall be issued without registration under the Securities Act, other than with respect to accruetransfer restrictions); provided that such issuance is not prohibited by Section 4.03. The Initial Notes issued on the Initial Issuance Issue Date, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers Issuer shall set forth in a resolution of its Board of Directors and in an Officers’ CertificateIssuer Order, a copy of each of which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, price and the issue date and the CUSIP number and any corresponding ISIN of such Additional NotesNotes and the amount of interest payable on the first payment date applicable thereto; provided, however, that no Additional Notes may be issued at a price that would cause such Additional Notes to have “original issue discount” within the meaning of Section 1273 of the Internal Revenue Code of 1986, as amended; and (3) whether such Additional Notes shall be Transfer Restricted Securities Notes bearing the Private Placement Legend and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be Unrestricted Notes issued in the form of Exchange Notes as set forth in Exhibit A to the AppendixNotes.

Issuance of Additional Notes. The Issuers After the Issue Date, the Issuer shall be entitled, subject to their its compliance with Section 4.094.03, to issue Additional Notes under this Indenture Indenture, which Notes shall have identical terms as the Initial Notes issued on the Initial Issuance Issue Date, other than with respect to the date of issuance, issue price price, original interest accrual date and original interest payment date. All the date from which interest begins to accrue. The Initial Notes issued on the Initial Issuance Date, any Additional Notes and all Exchange Notes issued in exchange therefor under this Indenture shall be treated as a single class for all purposes under of this Indenture, including, without limitation, including waivers, consents, directions, declarations, amendments, redemptions and offers to purchasepurchase; provided, however, that in the event that any Additional Notes are not fungible with the Notes for U.S. Federal income tax purposes, such nonfungible Additional Notes shall be issued with a separate CUSIP or ISIN number so that they are distinguishable from the Notes. With respect to any Additional Notes, the Issuers Issuer shall set forth in a resolution of the Board of Directors and an Officers’ Certificate, a copy of each which shall be delivered to the Trustee, the following information: (1a) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture;Indenture and the provision of Section 4.03 that the Issuer is relying on to issue such Additional Notes; and (2b) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; Notes; and (3c) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the AppendixB hereto.

Issuance of Additional Notes. The Issuers Issuer shall be entitled, subject to their compliance with Section 4.09, entitled to issue Additional Notes in an unlimited aggregate principal amount under this Indenture which that shall have identical terms as the Initial Notes issued on the Initial Issuance DateNotes, other than with respect to the date of issuance, issue price price, first interest payment date applicable thereto and the first date from which interest begins to will accrue; provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.9, and provided, further, that if any Additional Notes are not fungible with the existing Notes for U.S. federal income tax purposes, such Additional Notes shall have one or more separate CUSIP and ISIN numbers. The Initial Notes issued on the Initial Issuance Date, and any Additional Notes and all Exchange Notes issued in exchange therefor shall otherwise be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers Issuer shall set forth in an Officers’ Certificate, which shall be delivered deliver to the Trustee, Trustee an Officer’s Certificate containing the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and date, the CUSIP and/or ISIN number and any corresponding ISIN of such Additional Notes; and, the first interest payment date and the amount of interest payable on such first interest payment date applicable thereto and the date from which interest shall accrue; (3) whether such Additional Notes shall be Transfer Restricted Securities Notes; and (4) that such issuance is not prohibited by this Indenture. The Trustee shall, upon receipt of the Officer’s Certificate and issued the documents required by 11.2, authenticate the Additional Notes in accordance with the form provisions of Initial Notes as set forth in Exhibit 1 to the Appendix to Section 2.2 of this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the AppendixIndenture.

Issuance of Additional Notes. The Issuers shall be entitled, subject to their compliance with Section 4.09, entitled to issue Additional Notes in an unlimited aggregate principal amount under this Indenture which that shall have identical terms as the Initial Notes issued on the Initial Issuance DateNotes, other than with respect to the date of issuance, issue price and the price, first interest payment date applicable thereto, first date from which interest begins to shall accrue, transfer restrictions, any registration rights agreement and additional interest with respect thereto; provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.9 hereof and provided, further, that if any Additional Notes are not fungible with the existing Notes for U.S. federal income tax purposes, as determined by the Issuers, such Additional Notes shall have a separate CUSIP number and ISIN. The Initial Notes issued on the Initial Issuance Date, and any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, a copy of which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and date, the CUSIP and/or ISIN number and any corresponding ISIN of such Additional Notes; and, the first interest payment date and the amount of interest payable on such first interest payment date applicable thereto and the date from which interest shall accrue; (3) whether such Additional Notes shall be Transfer Restricted Securities Notes; and (4) that such issuance is not prohibited by this Indenture. The Trustee shall, upon receipt of the Officers’ Certificate and issued an Authentication Order, authenticate the Additional Notes in accordance with the form provisions of Initial Notes as set forth in Exhibit 1 to the Appendix to Section 2.2 of this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the AppendixIndenture.

Issuance of Additional Notes. The Issuers shall Issuer will be entitled, upon delivery of an Officer’s Certificate, Opinion of Counsel and Authentication Order, subject to their its compliance with Section 4.094.09 hereof, to issue Additional Notes under this Indenture which shall that will have identical terms to and the same CUSIP number as the Initial Notes issued on the Initial Issuance Date, date of this Indenture other than with respect to the date of issuance, issue price price, interest accrued prior to the issue date of the Additional Notes, and if applicable, the date from which first interest begins to accruepayment date; provided, that such Additional Notes must be part of the same issue as and, in the event that such Additional Notes are not fungible with the Initial Notes for United States federal income tax purposes, such Additional Notes will have a different CUSIP number than the Initial Notes. The Initial Notes issued on the Initial Issuance Date, and any such Additional Notes will constitute a single series of debt securities, and all Exchange in circumstances in which this Indenture provides for the Holders of Notes issued in exchange therefor shall be treated to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take the action as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchaseclass. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, which shall be delivered Issuer will deliver to the Trustee, Trustee a resolution of the Board of Directors of the Parent and an Officer’s Certificate with the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; and (3) whether such Additional Notes shall be Transfer Restricted Securities transfer restricted Notes and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture Section 2.04 hereof or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the AppendixNotes.

Issuance of Additional Notes. The Issuers Company shall be entitled, subject to their its compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, other than with respect to the date of issuance, issue initial purchase price and the date from which initial interest begins to accrue. The Initial Notes issued on the Initial Issuance Date, and any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers Company shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date (and the corresponding date from which interest shall accrue thereon and the first interest payment date therefor) and the CUSIP number and any corresponding ISIN of such Additional Notes; provided, however, that any issuance of Additional Notes (i) is treated as part of the same issue as the Initial Notes within the meaning of Treasury Regulation § 1.1275-1(f), (ii) is a qualified reopening of the Initial Notes within the meaning of Treasury Regulation § 1.1275-2(k), or (iii) is otherwise fungible with the Initial Notes for U.S. federal income tax purposes, in the case of each of clauses (i), (ii) and (iii), so that such Additional Notes will trade as part of a single class with the Initial Notes (either initially or at such later time when the Additional Notes are no longer Transfer Restricted Securities); and (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A 2 to the Appendix.

Issuance of Additional Notes. The Issuers shall be entitled, subject to their compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, other than with respect to the date of issuance, issuance and issue price and the date from which interest begins to accrueprice. The Initial Notes issued on the Initial Issuance Date, and any Additional Notes and all Exchange Notes or Private Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date (and the corresponding date from which interest shall accrue thereon and the first interest payment date therefor) and the CUSIP number and any corresponding ISIN of such Additional Notes; provided, however, that no Additional Notes may be issued at a price that would cause such Additional Notes to have “original issue discount” within the meaning of Section 1273 of the Code; and (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A 2 to the Appendix.

Issuance of Additional Notes. The Issuers shall Revel will be entitled, upon delivery of an Officers’ Certificate, Opinion of Counsel and Authentication Order, subject to their compliance with Section 4.09Sections 2.02, 4.09 and 4.12, to issue Additional Notes under this Indenture Indenture, which shall have identical terms as the Initial Notes issued on the Initial Issuance Datedate of this Indenture, other than with respect to the date of issuance, issue price and the initial date from which interest begins to accrue. The Initial Notes issued shall accrue on the Initial Issuance Date, any such Additional Notes and all Exchange Notes issued in exchange therefor shall issue price and may have a different CUSIP and ISIN number and may or may not be treated as subject to a single class for all purposes under Registration Rights Agreement. Subject to Sections 4.09 and 4.12, without the consent of any Holder of Securities, Revel will be entitled to make any amendments to this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers the Note Guarantees or any of the Collateral Documents as is reasonably determines appropriate in good faith to purchasefacilitate the issuance of such Additional Notes. With respect to any Additional Notes, the Issuers shall Revel will set forth in a resolution of the Board of Directors of Revel and an Officers’ Certificate, a copy of each which shall be delivered to the Trustee, the following information: (1a) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; and (3b) whether which such Additional Notes shall be Transfer Restricted Securities and Notes issued in the form of Initial Notes Restricted Global Securities or Restricted Definitive Securities, as set forth in Exhibit 1 to the Appendix to this Indenture case may be, or shall be Securities issued in the form of Exchange Notes Unrestricted Global Securities or Unrestricted Definitive Securities, as set forth in Exhibit A to the Appendixcase may be.

Issuance of Additional Notes. From time to time subsequent to the date hereof, without the consent of the Holders of the Notes, the Issuer may create and issue additional Notes (the “Additional Notes”) under the terms of the Original Indenture and this First Supplemental Indenture (and without need to execute any additional supplemental indenture). The Issuers Additional Notes shall be entitledissued as part of the existing series of Notes issued pursuant to this First Supplemental Indenture and shall have terms identical in all material respects (except for the public offering price and the issue date and, subject if applicable, the initial interest accrual date and the initial Interest Payment Date) to their compliance any Outstanding Notes and shall be treated together with Section 4.09, to any Outstanding Notes as a single issue of Notes under the Original Indenture and this First Supplemental Indenture. Any Additional Notes under issued hereunder shall rank equally and ratably with the Notes originally issued pursuant to this Indenture First Supplemental Indenture, shall have the same CUSIP number (except for such Additional Notes that are not fungible with the Notes of this series for U.S. federal income tax purposes, which shall have identical terms as a separate CUSIP number) and shall trade interchangeably with such Notes and shall otherwise constitute Notes for all other purposes hereof. Any Additional Notes may be issued pursuant to authorization provided by one or more Board Resolutions. No Additional Notes shall be issued at any time that there is an Event of Default under the Initial Notes issued on the Initial Issuance Date, other than Original Indenture with respect to the date of issuance, issue price Notes that has occurred and the date from which interest begins to accrue. The Initial Notes issued on the Initial Issuance Date, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; and (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendixis continuing.

Issuance of Additional Notes. (a) The Issuers Issuer shall have the authority, upon complying with the provisions of this Section, to authenticate and deliver from time to time Additional Notes secured by the Trust Estate on a parity with or subordinate to either the Senior Notes, the Subordinate Notes or the Junior-Subordinate Notes, if any, secured hereunder as shall be entitleddetermined by the Issuer. In addition, subject to their compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, other than Issuer may enter into any Swap Agreements it deems necessary or desirable with respect to the date of issuance, issue price and the date from which interest begins to accrue. The Initial Notes issued on the Initial Issuance Date, any Additional Notes and or all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes. (b) No Additional Notes to shall be authenticated and delivered pursuant to this Indenture;Indenture until the following conditions have been satisfied: (2i) the issue price, the issue date The Issuer and the CUSIP number Trustee have entered into a Supplemental Indenture (which Supplemental Indenture shall not require the approval of the Registered Owners of any of the Outstanding Notes) providing the terms and any corresponding ISIN forms of the Additional Notes, including the designation of such Additional Notes as Senior Notes; and (3) whether , Subordinate Notes or Junior-Subordinate Notes, the redemption provisions applicable to such Additional Notes and the selection provisions applicable to such Additional Notes in the case of partial redemptions not inconsistent with this Indenture, and which adopts the applicable provisions of this Indenture. (ii) The Issuer has delivered to the Trustee within 30 days prior to the delivery of the proposed Additional Notes a Cash Flow Certificate which, taking into account the then-existing Trust Estate as well as the Trust Estate after giving effect to the issuance of the proposed Additional Notes, shows, with respect to the period covered by the Cash Flow Certificate, which period shall extend from the date of the Cash Flow Certificate to the latest maturity of the Notes expected to be Outstanding after the issuance of the proposed Additional Notes, (A) all Revenue expected to be received during such period from the Trust Estate, (B) the application of all such Revenue in accordance with this Indenture and (C) the resulting periodic balances on each Interest Payment Date, and shows that anticipated Revenue will exceed, by a margin of $250,000 plus any additional amount, if any, required by any Supplemental Indenture, the amount necessary to pay the principal of and interest on the Notes, including the proposed Additional Notes, when due and all expenses payable under this Indenture when due, under all scenarios included in the Cash Flows. (iii) Written evidence from each Rating Agency which has been requested by the Issuer to and has assigned a Rating or Ratings to any series of Notes that such Rating or Ratings will not be reduced or withdrawn as a result of the issuance of the proposed Additional Notes; provided however, that if any series of the Notes are not then rated by any Rating Agency, such Additional Notes may not be secured on a parity with or subordinate to such unrated Notes. (iv) An opinion of Note Counsel to the effect that all of the foregoing conditions to the issuance of the proposed Additional Notes have been satisfied. (v) Upon the issuance of the Additional Notes, an amount shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 deposited to the Appendix Reserve Fund to increase the amount on deposit therein to equal the Reserve Fund Requirement. (vi) The Trustee shall have received an opinion of Note Counsel in form and substance acceptable to it to the effect that the issuance of the Additional Notes, if consummated, would not cause the Notes to fail to be characterized as the indebtedness of the Issuer for federal income tax purposes. (c) Any Additional Notes shall have Stated Maturities of July 1 of any years or years. (d) The Trustee is authorized to set up any additional Funds or Accounts under this Indenture which it deems necessary or convenient in connection with the issuance and delivery of any Additional Notes. (e) Additional Notes which constitute Senior Notes shall be issued designated by their year of authorization, the letter "A" and a number indicating its sequence of issuance in that year. Additional Notes which constitute Subordinate Notes shall be designated by their year of authorization, the form letter "B" and a number indicating its sequence of Exchange issuance in that year. Additional Notes as set forth which constitute Junior-Subordinate Notes shall be designated by their year of authorization, an alphabetic letter indicating its subordination (which must be a "C," "D" or lower) and a number indicating its sequence of issuance in Exhibit A that year (i.e. the second issuance of Junior-Subordinate Notes in 1996 could be designated "Class 1996C-2" or "Class 1996D-2" depending upon its level of subordination). The payment of principal of and interest on a Junior-Subordinate Note designated with a "D" is subordinated to the Appendix.payment of principal of and interest on a Junior-Subordinate Note designated with a "C."

Issuance of Additional Notes. The Issuers Company shall be entitled, subject to their compliance with Section 4.09, entitled to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance DateNotes, other than with respect to the date of issuance, issue price (including amount of interest deemed to have accrued since the last Interest Payment Date) and the date from which amount of interest begins to accruepayable or upon a registration default as provided under a registration rights agreement related thereto; provided that such issuance shall be made in compliance with Section 4.10. The Initial Notes Company will use all reasonable efforts to ensure that the Exchange Securities and any exchange securities issued on the Initial Issuance Date, in exchange for any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchasetransaction exempt from the registration requirements of the Securities Act have the same CUSIP numbers. With respect to any Additional Notes, the Issuers Company shall set forth in a resolution of its Board of Directors (or a duly appointed committee thereof) and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of Notes outstanding immediately prior to the issuance of such Additional Notes; (2) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (23) the issue price, price and the issue date and the CUSIP number and any corresponding ISIN of such Additional NotesNotes (including amount of interest deemed to have accrued since the last Interest Payment Date); and (34) whether such Additional Notes shall be Transfer Restricted Securities and issued transfer restricted securities bearing a legend in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture B or Exhibit C hereto or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendixregistered securities and bear no such legend.

Issuance of Additional Notes. The Issuers Issuer shall be entitled, subject to their compliance with Section 4.09, entitled to issue Additional Notes under this Indenture which shall have substantially identical terms as the Initial Notes issued on the Initial Issuance DateNotes, other than with respect to the date of issuance, issue price and the date from which price, amount of interest begins to accrue. The Initial Notes issued payable on the Initial Issuance Datefirst payment date applicable thereto or upon a registration default as provided under a registration rights agreement related thereto and terms of optional redemption, if any (and, if such Additional Notes and all Exchange Notes shall be issued in exchange therefor the form of Exchange Notes, other than with respect to transfer restrictions); provided that any issuance of Additional Notes shall be treated on or before April 3, 2008; provided, further, that such issuance shall be made in compliance with Section 4.06; provided, further, that no Additional Notes may be authenticated and delivered in an aggregate principal amount of less than U.S.$25.0 million per issuance; provided, however, that no Additional Notes may be issued at a price that would cause such Additional Notes to have "original issue discount" within the meaning of Section 1273 of the Internal Revenue Code of 1986, as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchaseamended. With respect to any Additional Notes, the Issuers Issuer shall set forth in a resolution of its Board of Directors (or a duly appointed committee thereof) and in an Officers’ ' Certificate, a copy of each of which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of Notes outstanding immediately prior to the issuance of such Additional Notes; (2) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (23) the issue price, price and the issue date and the CUSIP number and any corresponding ISIN of such Additional NotesNotes and the amount of interest payable on the first payment date applicable thereto; and (34) whether such Additional Notes shall be Transfer Restricted Securities transfer restricted securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be registered securities issued in the form of Exchange Notes Notes, each as set forth in Exhibit A to the AppendixExhibits hereto.

Issuance of Additional Notes. The Issuers After the Issue Date, the Issuer shall be entitled, subject to their its compliance with Section 4.09, to issue Additional Notes under this Indenture Indenture, which Notes shall have identical terms as the Initial Notes issued on the Initial Issuance Issue Date, other than with respect to the date of issuance, issuance and issue price and the date from which interest begins to accrue. The Initial Notes issued on the Initial Issuance Date, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchaseprice. With respect to any Additional Notes, the Issuers Issuer shall set forth in a resolution of the Board of the Issuer and an Officers’ Officer’s Certificate, a copy of each which shall be delivered to the Trustee, the following information: (1a) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture;; and (2b) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; provided that only those Additional Notes that are part of the “same issue” as all other Notes issued under this Indenture, as defined under Treasury Regulation Section 1.1275-1(f), or issued in a “qualified reopening” under Treasury Regulation Section 1.1275-2(k) may be issued with the same CUSIP number as the other Notes issued under this Indenture. In authenticating such Additional Notes, and accepting the additional responsibilities under this Indenture in relation to such Additional Notes, the Trustee shall receive, and, subject to Section 7.01, shall be fully protected in relying upon: (i) an Officer’s Certificate and Opinion of Counsel delivered in accordance with Section 12.02; and (3ii) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes other documents as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendixit may reasonably require.

Issuance of Additional Notes. The Issuers Companies shall be entitled, subject to their compliance with Section 4.09, entitled to issue Additional Notes additional notes of any series under this the Indenture which shall have identical terms as the Initial initial Notes of such series issued on the date hereof (the “Initial Issuance DateNotes”), other than with respect to the date of issuance, issuance and issue price and (any such additional notes, the date from which interest begins to accrue“Additional Notes”). The Any series of Initial Notes issued on the Initial Issuance Date, date hereof and any Additional Notes and all Exchange Notes of such series subsequently issued in exchange therefor under the Indenture shall be treated as a single class with their respective series for all purposes under this the Indenture, including, without limitation, including waivers, consents, directions, declarations, amendments, redemptions and offers to purchase; provided, however, that in the event that any Additional Notes of a series are not fungible with the Initial Notes of such series for federal income tax purposes, such non-fungible Additional Notes shall be issued with a separate CUSIP number and ISIN so they are distinguishable from the applicable Initial Notes. With respect to any Additional Notes, the Issuers Companies shall set forth in an Officers’ Certificate, a copy of which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this the Indenture;; and (2) the issue price, the issue date and the CUSIP number and any corresponding and/or ISIN of such Additional Notes; and (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendix.

Issuance of Additional Notes. The Issuers From time to time subsequent to the date hereof, without the consent of the Holders of the Notes but in compliance with the terms of the Indenture, the Company may create and issue additional Notes (the "Additional Notes") under the terms of the Indenture and this Second Supplemental Indenture (and without need to execute any additional supplemental indenture); provided, that no Additional Notes shall be entitled, subject to their compliance with Section 4.09, to issue issued unless such Additional Notes under will be fungible for U.S. federal income tax and securities law purposes with Notes originally issued pursuant to this Second Supplemental Indenture which ("Outstanding Notes"). The Additional Notes shall be issued as part of the existing series of Notes issued pursuant to this Second Supplemental Indenture and shall have terms identical terms in all material respects (except for the issue date, issue price, initial interest accrual date and the first interest payment date) to any Outstanding Notes and shall be treated together with any Outstanding Notes as a single series of Notes for all purposes under the Initial Indenture. Any Additional Notes issued on hereunder shall rank equally and ratably with the Initial Issuance DateNotes originally issued pursuant to this Second Supplemental Indenture, shall have the same CUSIP number and shall trade interchangeably with such Notes and shall otherwise constitute Notes for all other than purposes hereof. Any Additional Notes may be issued pursuant to authorization provided by one or more Board Resolutions. No Additional Notes shall be issued at any time that there is an Event of Default under the Indenture with respect to the date Notes that has occurred and is continuing, or an event that, with notice or the lapse of issuancetime, issue price and the date from which interest begins to accrue. The Initial Notes issued on the Initial Issuance Dateor both, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers shall set forth in would become an Officers’ Certificate, which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount Event of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; and (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the AppendixDefault.

Issuance of Additional Notes. The Issuers shall Issuer will be entitled, upon delivery of an Officers’ Certificate, Opinion of Counsel and Authentication Order, subject to their its compliance with Section 4.094.09 hereof, to issue Additional Notes under this the Indenture which shall that will have identical terms to and the same CUSIP number as the Initial Notes issued on the Initial Issuance Date, date of this Indenture other than with respect to the date of issuance, issue price and interest accrued prior to the issue date from which of the Additional Notes and, if applicable, the first interest begins to accruepayment date; provided, that such Additional Notes must be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes issued on the Initial Issuance Date, and any such Additional Notes will constitute a single series of debt securities, and all Exchange in circumstances in which this Indenture provides for the Holders of Notes issued in exchange therefor shall be treated to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take the action as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchaseclass. With respect to any Additional Notes, the Issuers shall Issuer will set forth in a resolution of its Board of Directors and an Officers’ Certificate, a copy of each of which shall will be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date, first interest payment date and the CUSIP number and any corresponding ISIN of such Additional Notes; and (3) whether such Additional Notes shall be Transfer Restricted Securities transfer restricted Notes and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to Section 2.04 of this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the AppendixIndenture.

Issuance of Additional Notes. The Issuers Company shall be entitled, subject to their itsthe last paragraph of this Section and the Company’s compliance with Section 4.094.27, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Issue Date, other than with respect to the date of issuance, issue price and price, the date from which interest begins to accrueaccrue and the initial interest payment date. The Initial Notes issued on the Initial Issuance DateNotes, any Additional Notes, any PIK Notes and all any Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, including waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers Company shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date (and the corresponding date from which interest shall accrue thereon and the first interest payment date therefor) and the CUSIP number and any corresponding ISIN of such Additional Notes; provided, however, that any issuance of Additional Notes (i) is treated as part of the same issue as the Initial Notes within the meaning of Treasury Regulation § 1.1275-1(f), (ii) is a qualified reopening of the Initial Notes issued on the Issue Date within the meaning of Treasury Regulation § 1.1275-2(k), or (iii) is otherwise fungible with such Initial Notes for U.S. federal income tax purposes, in the case of each of clauses (i), (ii) and (iii), so that such Additional Notes will trade as part of a single class with such Initial Notes; and (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A 2 to the Appendix. For the avoida nce of doubt and notwiths tanding anyth ing to the contrary conta ined herein, the Compa ny shal l not issue Additional Notes pursua nt to this Indent ure after the Third Supplem ental Inden ture Date (wheth er or not the Compa ny has capacit y to issue Additional Notes, and, as of the Third Supplem ental Inden ture Date, the Compa ny has no capacity to issue any such Additional Notes) absent expre ss conse nt as required under the terms of Secti on 9.02.

Issuance of Additional Notes. The Issuers Company shall be entitled, subject to their compliance with Section 4.09, entitled to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance DateNotes, other than with respect to the date of issuance, issue price (including amount of interest deemed to have accrued since the last Interest Payment Date), and the date from which amount of interest begins to accruepayable or upon a registration default as provided under a registration rights agreement related thereto; provided that such issuance shall be made in compliance with Section 4.10. The Initial Company will use all reasonable efforts to ensure that the Exchange Notes and any exchange notes issued on the Initial Issuance Date, in exchange for any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchasetransaction exempt from the registration requirements of the Securities Act have the same CUSIP numbers. With respect to any Additional Notes, the Issuers Company shall set forth in a resolution of its Board of Directors (or a duly appointed committee thereof) and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount maturity of Notes outstanding immediately prior to the issuance of such Additional Notes; (2) the aggregate principal amount at maturity of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (23) the issue price, price and the issue date and the CUSIP number and any corresponding ISIN of such Additional NotesNotes (including amount of interest deemed to have accrued since the last Interest Payment Date); and (34) whether such Additional Notes shall be Transfer Restricted Securities and issued transfer restricted securities bearing a legend in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture B or Exhibit C hereto or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendixregistered securities and bear no such legend.

Issuance of Additional Notes. The Issuers shall be entitled, subject to their compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, other than with respect to the date of issuance, issue price and the date from which interest begins to accrue. The Initial Notes issued on the Initial Issuance Date, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; and (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A 2 to the Appendix.

Issuance of Additional Notes. The Issuers shall Issuer will be entitled, upon delivery to the Trustee of an Officers’ Certificate, Opinion of Counsel and Authentication Order, subject to their its compliance with Section 4.092.6 hereof, to issue Additional Notes under this the Indenture which shall that will have identical terms to and the same CUSIP number as the Initial Notes issued on the Initial Issuance Date, date of this Second Supplemental Indenture other than with respect to the date of issuance, issue price and price, the date from which interest begins to accrueinitially accrues on such Additional Notes, and if applicable, the first Interest Payment Date. The Initial Notes issued on the Initial Issuance Date, and any such Additional Notes will constitute a single series of debt securities, and all Exchange in circumstances in which the Indenture provides for the Holders of Notes issued in exchange therefor shall be treated to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take the action as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchaseclass. With respect to any Additional Notes, the Issuers shall Issuer will set forth in a resolution of its Board of Trustees and an Officers’ Certificate, a copy of each of which shall will be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this the Indenture;; and (2) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; and (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendix.

Issuance of Additional Notes. The Issuers Company shall be entitled, subject from time to their compliance with Section 4.09time, without notice to, or consent of, the Holders of the Notes, to create and issue additional principal amounts of Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance DateIssue Date or the Exchange Notes exchanged therefor (in each case, other than with respect to the date of issuanceissue date, issue price price, the payment of interest accruing prior to the issue date thereof and the date from which first payment of interest begins to accrue. The Initial Notes issued on the Initial Issuance Date(including Additional Interest, if any) thereon, and any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated Amounts due with respect thereto, after the issue date thereof), as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchasethe case may be. With respect to any Additional Notes, the Issuers Company shall set forth in a Board Resolution and an Officers’ Officers Certificate, which a copy of each shall be delivered to the Trustee, the following information: (1i) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2ii) the issue price, the issue date and the CUSIP “CUSIP” and “ISIN” number and of any corresponding ISIN of such Additional Notes; andNotes and the amount of interest payable on the first payment date applicable thereto; (3iii) whether such Additional Notes shall be Transfer Restricted Securities transfer restricted securities and issued in the same form of as Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the same form of as the Exchange Notes Notes, in each case as set forth in Exhibit A to this Indenture; and (iv) if applicable, the Appendixresale restriction termination date relating to the Notes and the Restricted Period for such Additional Notes.

Issuance of Additional Notes. The Issuers shall be entitled, subject to their compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, other than with respect to the date of issuance, issue price and the date from which interest begins to accrue. The Initial Notes issued on the Initial Issuance Date, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, including waivers, consents, directions, declarations, amendments, redemptions and offers to purchase; and none of the Holders of any Initial Notes, any Exchange Notes or any Additional Notes shall have the right to vote or consent as a separate class on any matter to which such Holders are entitled to vote or consent. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; and (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendix.

Issuance of Additional Notes. The Issuers shall be entitled, from time to time, subject to their its compliance with Section 4.094.09 and Section 4.12 hereof, without consent of the Holders, to issue Additional Notes under this Indenture which shall have with identical terms as the Initial Notes issued on the Initial Issuance Date, other than with respect to (i) the date of issuance, (ii) the issue price price, (iii) the amount of interest payable on the first interest payment date, the initial interest accrual date and the initial interest payment date from which interest begins and (iv) any adjustments in order to accrueconform to and ensure compliance with the Securities Act (or other applicable securities laws). The Initial Notes and any Notes issued on the Initial Issuance Date, any as Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture; provided that, includingif the Additional Notes are not issued as part of a ‘‘qualified reopening’’ of the Initial Notes for U.S. federal income tax purposes, without limitationthe Additional Notes will have a separate CUSIP, waiversISIN, consents, directions, declarations, amendments, redemptions and offers to purchaseor other identifying number. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ CertificateCertificate pursuant to a resolution of the Board of Directors of each of the Issuers, copies of which shall be delivered to the Trustee, the following information: (1) The aggregate principal amount of Notes and the aggregate principal amount of such Notes constituting Additional Notes to be authenticated and delivered pursuant to this Indenture;; and (2) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; and (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendix.

Issuance of Additional Notes. The Issuers After the Issue Date, the Issuer shall be entitled, subject to their its compliance with Section 4.09this Indenture and the Second Lien Collateral Documents, to issue Additional Notes under this Indenture Indenture, which Notes shall have identical terms as the Initial Notes issued on the Initial Issuance Issue Date, other than with respect to the date of issuance, issuance and issue price and the date from which interest begins to accrue. The Initial Notes issued on the Initial Issuance Date, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchaseprice. With respect to any Additional Notes, the Issuers Issuer shall set forth in a resolution of the Board of Directors of the Issuer, an Officers’ CertificateOfficer’s Certificate and a supplemental indenture, a copy of each which shall be delivered to the Trustee, the following information: (1a) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture;; and (2b) the issue price, the issue date and the CUSIP number and any corresponding ISIN numbers of such Additional Notes; provided that only those Additional Notes that are fungible with all other Notes issued under this Indenture for U.S. federal income tax purposes may be issued with the same CUSIP and ISIN number as the other Notes issued under this Indenture. In authenticating such Additional Notes, and accepting the additional responsibilities under this Indenture in relation to such Additional Notes, the Trustee shall receive, and, subject to Section 7.1, shall be fully protected in relying upon: (i) an Officer’s Certificate and Opinion of Counsel delivered in accordance with Section 12.2; and (3ii) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes other documents as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendixit may reasonably require.

Issuance of Additional Notes. The Issuers shall be entitled, subject to their compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, other than with respect to the date of issuance, issue price and the date from which interest begins to accrue. The Initial Notes issued on the Initial Issuance Date, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; provided, however, that no Additional Notes may be issued at a price that would cause such Additional Notes to have “original issue discount” within the meaning of Section 1273 of the Code; and (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendix.

Issuance of Additional Notes. From time to time subsequent to the date hereof, without the consent of the Holders of the Notes, the Issuer may create and issue additional Notes (the “Additional Notes”) under the terms of the Original Indenture and this Ninth Supplemental Indenture (and without need to execute any additional supplemental indenture). The Issuers Additional Notes shall be entitledissued as part of the existing series of Notes issued pursuant to this Ninth Supplemental Indenture and shall have terms identical in all material respects (except for the public offering price and the issue date and, subject if applicable, the initial interest accrual date and the initial Interest Payment Date) to their compliance any Outstanding Notes and shall be treated together with Section 4.09, to any Outstanding Notes as a single issue of Notes under the Original Indenture and this Ninth Supplemental Indenture. Any Additional Notes under issued hereunder shall rank equally and ratably with the Notes originally issued pursuant to this Indenture Ninth Supplemental Indenture, shall have the same CUSIP number and shall trade interchangeably with such Notes (except for such Additional Notes that are not fungible with the Notes for U.S. federal income tax purposes, which shall have identical terms as a separate CUSIP number) and shall otherwise constitute Notes for all other purposes hereof. Any Additional Notes may be issued pursuant to authorization provided by one or more Board Resolutions. No Additional Notes shall be issued at any time that there is an Event of Default under the Initial Notes issued on the Initial Issuance Date, other than Original Indenture with respect to the date of issuance, issue price Notes that has occurred and the date from which interest begins to accrue. The Initial Notes issued on the Initial Issuance Date, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; and (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendixis continuing.

Issuance of Additional Notes. The Issuers shall be entitled, subject to their compliance with Section 4.095.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, other than with respect to the date of issuance, issuance and issue price and the date from which interest begins to accrueprice. The Initial Notes issued on the Initial Issuance Date, Date and any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; and (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the AppendixSecurities.

Issuance of Additional Notes. The Issuers Company shall be entitled, subject to their compliance with Section 4.09, entitled to issue Additional Notes under this Indenture which that shall have identical terms as the Initial Notes issued on the Initial Issuance DateNotes, other than with respect to the date of issuance, issue price price, amount of interest payable on the first interest payment date applicable thereto and any customary escrow provisions (and, if such Additional Notes shall be issued in the date from which interest begins form of Restricted Notes, other than with respect to accruetransfer restrictions, any Registration Rights Agreement and Additional Interest with respect thereto); provided that such issuance is not prohibited by the terms of this Indenture, including SECTION 4.9. The Initial Notes issued on the Initial Issuance Date, and any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers Company shall set forth in a resolution of its Board of Directors and in an Officers’ Officer’s Certificate, a copy of each of which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and date, the CUSIP number and any corresponding ISIN of such Additional Notes, the first interest payment date and the amount of interest payable on such first interest payment date applicable thereto and the date from which interest shall accrue; and (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the AppendixNotes.

Issuance of Additional Notes. The Issuers shall be entitled, subject to their compliance with Section 4.09, entitled to issue Additional Notes in an unlimited aggregate principal amount under this Indenture which that shall have identical terms as the Initial Notes issued on the Initial Issuance DateNotes, other than with respect to the date of issuance, issue price and the price, first interest payment date applicable thereto, first date from which interest begins to will accrue, transfer restrictions, any registration rights agreement and additional interest with respect thereto; provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.9 and provided, further, that if any Additional Notes are not fungible with the existing Notes for U.S. federal income tax purposes, as determined by the Issuers, such Additional Notes will have a separate CUSIP number and ISIN. The Initial Notes issued on the Initial Issuance Date, and any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Officer’s Certificate, a copy of which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and date, the CUSIP and/or ISIN number and any corresponding ISIN of such Additional Notes; and, the first interest payment date and the amount of interest payable on such first interest payment date applicable thereto and the date from which interest shall accrue; (3) whether such Additional Notes shall be Transfer Restricted Securities Notes; and (4) that such issuance is not prohibited by this Indenture. The Trustee shall, upon receipt of the Officer’s Certificate, an Authentication Order and issued in the form an Opinion of Initial Notes as set forth in Exhibit 1 Counsel confirming that all conditions precedent to the Appendix to this Indenture or shall be issued in authentication and delivery of the form Additional Notes have been satisfied and stating that the Additional Notes are the legal, valid and binding obligation of Exchange Notes as set forth in Exhibit A the Issuers, subject to the Appendixcustomary exceptions, authenticate the Additional Notes in accordance with the provisions of Section 2.2 of this Indenture.

Issuance of Additional Notes. The Issuers Issuer shall be entitled, subject to their compliance with Section 4.09, entitled to issue Additional Notes under this Indenture which that shall have identical terms as the Initial Notes issued on Notes, provided that the Initial Issuance Date, other than with respect to following may be different: the date of issuance, issue price price, amount of interest payable on the first interest payment date applicable thereto and any customary escrow provisions, and additional interest with respect thereto; provided that such issuance is not otherwise prohibited by the date from which interest begins to accrueterms of this Indenture, including Section 4.07. The Initial Notes issued on the Initial Issuance Date, and any Additional Notes and all Exchange Notes issued in exchange therefor shall be be, without limitation, treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers Issuer shall set forth in a resolution of its Board of Directors and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information: (1i) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2ii) the issue price, the issue date and Issue Date, the CUSIP number and any corresponding ISIN of such Additional Notes, the first interest payment date and the amount of interest payable on such first interest payment date applicable thereto and the date from which interest shall accrue; and (3iii) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the AppendixNotes.

Issuance of Additional Notes. (a) The Issuers Company shall be entitled, subject to their its compliance with Section 4.09Article Four, to issue Additional Notes under this Indenture which Indenture. Any Additional Notes shall have identical terms be part of the same series as the Initial Notes issued on the Initial Issuance Issue Date, rank equally with the Initial Notes and have identical terms and conditions to the Initial Notes in all respects other than with respect to (a) the date of issuance, (b) the issue price price, (c) rights under a related Registration Rights Agreement, if any, and (d) at the option of the Company, (i) as to the payment of interest accruing prior to the issue date from which of such Additional Notes, and (ii) the first payment of interest begins to accruefollowing the issue date of such Additional Notes. The Initial Notes issued on the Initial Issuance DateNotes, any Additional Notes subsequently issued upon original issue under this Indenture and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitationincluding directions, waivers, amendments, consents, directions, declarations, amendments, redemptions and offers to purchase. ; and none of the Holders of any Initial Notes, any Exchange Notes or any Additional Notes shall have the right to vote or consent as a separate class on any matter to which such Holders are entitled to vote or consent. (b) With respect to any Additional Notes, the Issuers Company shall set forth in a Board Resolution and an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date (and the corresponding date from which interest shall accrue thereon and the first interest payment date therefor) and the CUSIP and/or ISIN number and any corresponding ISIN of such Additional Notes; and; (3) whether such Additional Notes shall be Transfer subject to the restrictions on transfer set forth in Section 2.07 relating to Restricted Securities Global Notes and issued Restricted Certificated Notes; and (4) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of Initial one or more Global Notes as set forth and, in Exhibit 1 to such case, the Appendix to this Indenture or shall be issued in respective depositaries for such Global Notes, the form of Exchange any legend or legends that shall be borne by such Global Notes as in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Exhibit A in which any such Global Notes may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes in whole or in part may be registered, in the Appendixname or names of Persons other than the depositary for such Global Notes or a nominee thereof.

Issuance of Additional Notes. The Issuers shall be entitled, subject to their compliance with Section 4.094.09 hereof, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Issue Date, other than with respect to the date of issuance, issue price issuance and the date from which interest begins to accrueaccrues. The Initial Notes issued on the Initial Issuance Date, Issue Date and any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase; provided that Additional Notes will not be issued with the same CUSIP or ISIN, as applicable, as the Initial Notes unless such Additional Notes are fungible with the Initial Notes for U.S. federal income tax purposes. With respect to any Additional Notes, each Issuer shall set forth in a resolution of its Board of Directors and the Issuers Company shall set forth in an Officers’ Certificate, a copy of each which shall be delivered to the Trustee, the following information: (1a) the aggregate principal amount of such Additional Notes to be authenticated certified and delivered pursuant to this Indenture; (2b) the issue pricedate from which interest accrues, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; and (3c) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 subject to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendixrestrictions on transfer.

Issuance of Additional Notes. (a) The Issuers Company shall be entitled, subject to their its compliance with Section 4.09Article Four, to issue Additional Notes under this Indenture which Indenture. Any Additional Notes shall have identical terms be part of the same series as the Initial Notes issued on the Initial Issuance Issue Date, rank equally with the Initial Notes and have identical terms and conditions to the Initial Notes in all respects other than with respect to (a) the date of issuance, (b) the issue price price, and (c) at the option of the Company, (i) as to the payment of interest accruing prior to the issue date from which of such Additional Notes, and (ii) the first payment of interest begins to accrue. The Initial Notes issued on following the Initial Issuance Date, any issue date of such Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. Notes. (b) With respect to any Additional Notes, the Issuers Company shall set forth in a Board Resolution and an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information: (1i) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2ii) the issue price, the issue date (and the corresponding date from which interest shall accrue thereon and the first interest payment date therefor) and the CUSIP or ISIN number and any corresponding ISIN of such Additional Notes; and; (3iii) whether such Additional Notes shall be Transfer Restricted Securities and issued in subject to the form of Initial Notes as restrictions on transfer set forth in Exhibit 1 Section 2.08 relating to Restricted Global Notes and Restricted Definitive Notes. (c) The Initial Notes and any Additional Notes subsequently issued upon original issue under this Indenture shall be considered collectively as a single class for all purposes of this Indenture, including directions, waivers, amendments, consents, redemptions and offers to purchase. Holders of the Initial Notes and any Additional Notes therefor will vote and consent together on all matters to which such Holders are entitled to vote or consent as one class, and none of the Holders of the Initial Notes or any Additional Notes shall have the right to vote or consent as a separate class on any matter to which such Holders are entitled to vote or consent. (d) Notwithstanding anything else herein, with respect to any Additional Notes issued subsequent to the Appendix to Issue Date, when the context requires, all provisions of this Indenture or shall be construed and interpreted to permit the issuance of such Additional Notes and to allow such Additional Notes to become fungible and interchangeable with the Initial Notes originally issued in the form of Exchange under this Indenture. Indebtedness represented by Additional Notes as set forth in Exhibit A shall be subject to the Appendixcovenants contained in this Indenture.

Issuance of Additional Notes. The Issuers Company shall be entitled, subject to their compliance with Section 4.09, entitled to issue Additional Notes under this Indenture which shall have terms identical to the terms as of the Initial Notes issued on the Initial Issuance Closing Date, other than with respect to the date of issuance, issue price (including amount of interest deemed to have accrued since the last Interest Payment Date), and the date from which amount of interest begins to accruepayable upon a registration default as provided under a Registration Rights Agreement related thereto; provided that each such issuance must be made in compliance with Section 4.03. The Initial Notes issued on Company shall use commercially reasonable efforts to ensure that the Initial Issuance Date, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as for the Notes issued on the Closing Date, any Exchange Notes issued in exchange for any Additional Notes issued in a single class for all purposes transaction exempt from the registration requirements of the Securities Act and any Additional Notes issued pursuant to an effective registration statement under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchasethe Securities Act have the same CUSIP numbers. With respect to any issue of Additional Notes, the Issuers Company shall set forth the following information in a resolution of its Board of Directors (or a duly appointed committee thereof) and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, Trustee and which shall be sufficient to provide for the following informationissuance of such Additional Notes without entry into any supplemental indenture: (1) the aggregate principal amount of Notes outstanding immediately prior to the issuance of such Additional Notes; (2) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (23) the issue price, price and the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; andNotes (including the amount of interest deemed to have accrued since the last Interest Payment Date); (34) whether such Additional Notes shall be Transfer Restricted Securities restricted securities and issued in bear the form of Initial Notes as set forth in Exhibit 1 Private Placement Legend or any other legend required pursuant to the Appendix to this Indenture Section 2.02 or shall be issued in registered securities and bear no such legend; and (5) the form of Exchange Notes as set forth in Exhibit A to the AppendixRestricted Period, if any.

Issuance of Additional Notes. The Issuers shall Issuer will be entitled, upon delivery of an Officer’s Certificate, Opinion of Counsel and Authentication Order, subject to their its compliance with Section 4.094.09 hereof, to issue Additional Notes under this the Indenture which shall that will have identical terms to and the same CUSIP number as the Initial Notes issued on the Initial Issuance Date, date of this Indenture other than with respect to the date of issuance, issue price price, interest accrued prior to the issue date of the Additional Notes, and if applicable, the date from which first interest begins to accruepayment date; provided, that such Additional Notes must be part of the same issue as and, in the event that such Additional Notes are not fungible with the Initial Notes for United States federal income tax purposes, such Additional Notes will have a different CUSIP number than the Initial Notes. The Initial Notes issued on the Initial Issuance Date, and any such Additional Notes will constitute a single series of debt securities, and all Exchange in circumstances in which this Indenture provides for the Holders of Notes issued in exchange therefor shall be treated to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take the action as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchaseclass. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, which shall be delivered Issuer will deliver to the Trustee, Trustee a resolution of the Board of Directors and an Officer’s Certificate with the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; and (3) whether such Additional Notes shall be Transfer Restricted Securities transfer restricted Notes and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture Section 2.04 hereof or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the AppendixNotes.

Issuance of Additional Notes. The Issuers shall be entitled, subject to their compliance with Section 4.094.09 (if applicable), to issue an unlimited amount of Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, other than with respect to the date of issuance, issuance and issue price and the date from which interest begins to accrueprice. The Initial Notes issued on the Initial Issuance Date, any Additional Notes and all Exchange Notes or Private Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; and (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendix.

Issuance of Additional Notes. The Issuers Company shall be entitled, subject to their compliance with Section 4.09, entitled to issue Additional Notes in an unlimited aggregate principal amount under this Indenture which that shall have identical terms as the Initial Notes issued on the Initial Issuance DateNotes, other than with respect to the date of issuance, issue price and the price, first interest payment date applicable thereto, first date from which interest begins to will accrue, transfer restrictions, any registration rights agreement and additional interest with respect thereto; provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.9 and provided further that if any Additional Notes are not fungible with the existing Notes for U.S. federal income tax purposes, as determined by the Company, such Additional Notes will have a separate CUSIP number and ISIN. The Initial Notes issued on the Initial Issuance Date, and any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers Company shall set forth in an Officers’ Officer’s Certificate, a copy of which shall be delivered to the Trustee, the following information: : (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; ; (2) the issue price, the issue date and date, the CUSIP and/or ISIN number and any corresponding ISIN of such Additional Notes, the first interest payment date and the amount of interest payable on such first interest payment date applicable thereto and the date from which interest shall accrue; and (3) whether such Additional Notes shall be Transfer Restricted Securities Notes; and issued (4) that such issuance is not prohibited by this Indenture. The Trustee shall, upon receipt of the Officer’s Certificate, authenticate the Additional Notes in accordance with the form provisions of Initial Notes as set forth in Exhibit 1 to the Appendix to Section 2.2 of this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendix.Indenture. ARTICLE III

Issuance of Additional Notes. The Issuers shall be entitledAfter the date hereof, the Company shall, subject to their compliance with Section 4.09the terms of the Indenture, be entitled to issue Additional Notes under this Indenture the Indenture, which Notes shall have identical terms as the Initial Notes issued on the Initial Issuance Issue Date, other than with respect to the date of issuance, issue price and the date from which amount of interest begins to accrue. The Initial Notes issued payable on the Initial Issuance Date, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchasefirst payment date applicable thereto. With respect to any Additional Notes, the Issuers Company shall set forth in a resolution of the Board of Directors of the Company and an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information: (1a) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this the Indenture;; and (2b) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; and (3) whether provided, however, that no Additional Notes may be issued with the same CUSIP number as the Notes issued on the date hereof if such Additional Notes shall were issued at a price that would cause such Additional Notes to not be Transfer Restricted Securities and fungible for U.S. federal income tax purposes with any other Notes issued in under the form of Indenture. The Initial Notes and any Additional Notes shall vote and consent together on all matters as set forth in Exhibit 1 one class; and neither the Initial Notes nor any Additional Notes shall have the right to vote or consent as a separate class on any matter. The Initial Notes and any Additional Notes shall together be deemed to constitute a single class or series for all purposes under the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the AppendixIndenture.

Issuance of Additional Notes. The Issuers shall be entitled, subject to their compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, other than with respect to the date of issuance, issue price and price, the date from which interest begins to accrueaccrue and the initial interest payment date. The Initial Notes issued on the Initial Issuance DateNotes, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, including waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date (and the corresponding date from which interest shall accrue thereon and the first interest payment date therefor) and the CUSIP number and any corresponding ISIN of such Additional Notes; provided, however, that any issuance of Additional Notes (i) is treated as part of the same issue as the Initial Notes within the meaning of Treasury Regulation § 1.1275-1(f), (ii) is a qualified reopening of the Initial Notes issued on the Initial Issuance Date within the meaning of Treasury Regulation § 1.1275-2(k), or (iii) is otherwise fungible with such Initial Notes for U.S. federal income tax purposes, in the case of each of clauses (i), (ii) and (iii), so that such Additional Notes will trade as part of a single class with such Initial Notes; and (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A 2 to the Appendix.

Issuance of Additional Notes. The Issuers shall be entitledAfter the date hereof, the Company shall, subject to their compliance with Section 4.09the terms of the Indenture and without notice to or the consent of the Holders of the Notes, be entitled to create and issue Additional Notes under this Indenture the Indenture, which Notes shall have identical terms as as, and rank equally and ratably with, the Initial Notes issued on the Initial Issuance Date, other than with respect to Issue Date in all respects (or in all respects except for the date of issuance, issue price price, the initial interest accrual date and the date from which amount of interest begins to accrue. The Initial Notes issued payable on the Initial Issuance Date, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchasefirst payment date applicable thereto). With respect to any Additional Notes, the Issuers Company shall set forth in a resolution of the Board of Directors of the Company and an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information: (1a) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this the Indenture;; and (2b) the issue price, the issue date and the CUSIP number and any corresponding ISIN numbers of such Additional Notes; and (3) whether provided, however, that no Additional Notes may be issued with the same CUSIP or ISIN number as the Notes issued on the date hereof if such Additional Notes shall were issued at a price that would cause such Additional Notes to not be Transfer Restricted Securities and fungible for U.S. federal income tax purposes with any other Notes issued in under the form of Indenture. The Initial Notes and any Additional Notes shall vote and consent together on all matters as set forth in Exhibit 1 one class (including for purposes of waivers and amendments); and neither the Initial Notes nor any Additional Notes shall have the right to vote or consent as a separate class on any matter. The Initial Notes and any Additional Notes shall together be deemed to constitute a single class or series for all purposes under the Appendix to this Indenture or shall be issued in the form (including for purposes of Exchange Notes as set forth in Exhibit A to the Appendixredemptions).

Issuance of Additional Notes. The Issuers All Notes of any one series shall be entitledsubstantially identical except as to denomination and except as may otherwise be provided in or pursuant to the applicable Board Resolution and set forth in an Officers’ Certificate, subject to their compliance with Section 4.09, or in any indenture supplemental hereto. The Company shall be entitled to issue Additional Notes of a series under this Indenture which that shall have identical terms as the Initial Original Notes issued on the Initial Issuance Dateof such series, other than with respect to the date of issuance, issue price price, amount of interest payable on the first Interest Payment Date applicable to such Additional Notes and, if applicable, the first Interest Payment Date for such Additional Notes; provided that if such Additional Notes are not fungible with the Original Notes of such series for U.S. federal income tax purposes, such Additional Notes will have one or more separate CUSIP numbers; and provided further that such issuance is not prohibited by the date from which interest begins to accrueterms of this Indenture, including, without limitation, Section 4.03 and Section 4.09. The Initial Original Notes issued on the Initial Issuance Date, and any Additional Notes and all Exchange Notes issued in exchange therefor of a series shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers Company shall set forth in a Board Resolution and in an Officers’ Certificate, or in one or more indentures supplemental hereto, a copy of each of which shall be delivered to the Trustee, the following information: (1a) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2b) the issue price, the issue date and date, the CUSIP number and any corresponding ISIN of such Additional Notes, the first Interest Payment Date and the amount of interest payable on such first Interest Payment Date applicable thereto and the date from which interest shall accrue; and (3c) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial transfer restricted Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendixhave any registration or exchange rights.

Issuance of Additional Notes. The Issuers Company shall be entitled, subject from time to their compliance with Section 4.09time, without notice to, or consent of, the Holders of the Notes, to create and issue additional principal amounts of Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, Issue Date (other than with respect to the date of issuanceissue date, issue price price, the payment of interest accruing prior to the issue date thereof and the first payment of interest (including Additional Interest, if any) thereon, and any Additional Amounts due with respect thereto, after the issue date from which interest begins to accrue. The Initial thereof), as the case may be; provided that any such Additional Notes issued on under the Initial Issuance Date, same CUSIP as any Additional previously issued Notes and all Exchange Notes issued in exchange therefor shall be treated as issued either in a single class “qualified reopening” for all U.S. federal income tax purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchaseor with no more than de minimis original issue discount for U.S. federal income tax purposes. With respect to any Additional Notes, the Issuers Company shall set forth in a Board Resolution and an Officers’ Certificate, which a copy of each shall be delivered to the Trustee, the following information: (1i) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2ii) the issue price, the issue date and the CUSIP “CUSIP” and “ISIN” number and of any corresponding ISIN of such Additional Notes; andNotes and the amount of interest payable on the first payment date applicable thereto; (3iii) whether such Additional Notes shall be Transfer Restricted Securities transfer restricted securities and issued in the same form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes Notes, as set forth in Exhibit A to this Indenture; and (iv) if applicable, the Appendixresale restriction termination date relating to the Notes and the Restricted Period for such Additional Notes.

Issuance of Additional Notes. The Issuers Company shall be entitled, subject to their compliance with Section 4.09, entitled to issue Additional Notes under this Indenture which shall have substantially identical terms as the Initial Notes issued on the Initial Issuance Closing Date, other than with respect to the date of issuance, issue price and the date from which price, amount of interest begins to accrue. The Initial Notes issued payable on the Initial Issuance Datefirst payment date applicable thereto or upon a registration default as provided under a Registration Rights Agreement related thereto and terms of optional redemption, if any (and, if such Additional Notes and all Exchange Notes shall be issued in exchange therefor the form of Exchange Notes, other than with respect to transfer restrictions); provided, that such issuance shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchasemade in compliance with Section 5.04. -27- With respect to any Additional Notes, the Issuers Company shall set forth in a resolution of its Board of Directors (or a duly appointed committee thereof) and in an Officers’ ' Certificate, a copy of each of which shall be delivered to the Trustee, the following information: (1a) the aggregate principal amount of Notes outstanding immediately prior to the issuance of such Additional Notes; (b) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2c) the issue price, price and the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; andNotes and amount of interest payable on the first payment date applicable thereto; (3d) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be registered securities issued in the form of Exchange Notes, each as set forth in the Exhibits hereto; and (e) if applicable, that such Additional Notes as shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in the AppendixAppendix in which any such Global Note may be exchanged in whole or in party for Additional Notes registered, or any transfer of such Global Notes in whole or in party may be registered, in the name or names of Persons other than the depositary for such Global Note or a nominee thereof.

Issuance of Additional Notes. The Issuers Company shall be entitled, subject to their compliance with Section 4.09, entitled to issue Additional Notes in an unlimited aggregate principal amount under this Indenture which that shall have identical terms as the Initial Notes issued on the Initial Issuance DateNotes, other than with respect to the date of issuance, issue price price, first interest payment date applicable thereto and the first date from which interest begins to will accrue, transfer restrictions, any registration rights agreement and additional interest with respect thereto; provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.9, and provided, further, that if any Additional Notes are not fungible with the existing Notes for U.S. federal income tax purposes, as determined by the Company, such Additional Notes will have a separate CUSIP and ISIN numbers. The Initial Notes issued on the Initial Issuance Date, and any Additional Notes and all Exchange Notes issued in exchange therefor shall otherwise be treated as a single class for all purposes under this Indenture; provided that, includingfor the avoidance of doubt, without limitation, waivers, consents, directions, declarations, amendments, redemptions any Additional Notes that are not fungible with the existing Notes for U.S. federal income tax purposes shall have one or more separate CUSIP and offers to purchaseISIN numbers. With respect to any Additional Notes, the Issuers Company shall set forth in an Officers’ Officer’s Certificate, a copy of which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and date, the CUSIP and/or ISIN number and any corresponding ISIN of such Additional Notes; and, the first interest payment date and the amount of interest payable on such first interest payment date applicable thereto and the date from which interest shall accrue; (3) whether such Additional Notes shall be Transfer Restricted Securities Notes; and (4) that such issuance is not prohibited by this Indenture. The Trustee shall, upon receipt of the Officer’s Certificate and issued the documents required by 11.2 and an Authentication Order, authenticate the Additional Notes in accordance with the form provisions of Initial Notes as set forth in Exhibit 1 to the Appendix to Section 2.2 of this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the AppendixIndenture.

Issuance of Additional Notes. The Issuers Company shall be entitled, subject to their compliance with Section 4.09, entitled to issue Additional Notes under this Indenture which that shall have identical terms as the Initial Notes issued on the Initial Issuance DateNotes, other than with respect to the date of issuance, issue price price, amount of interest payable on the first interest payment date applicable thereto and any customary escrow provisions (and, if such Additional Notes shall be issued in the date from which form of Transfer Restricted Notes, other than with respect to transfer restrictions, any Registration Rights Agreement and additional interest begins to accruewith respect thereto); provided that such issuance is not otherwise prohibited by the terms of this Indenture, including Section 4.9. The Initial Notes issued on the Initial Issuance Date, and any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers Company shall set forth in a resolution of its Board of Directors and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and Issue Date, the CUSIP number and any corresponding ISIN of such Additional Notes, the first interest payment date and the amount of interest payable on such first interest payment date applicable thereto and the date from which interest shall accrue; and (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the AppendixNotes.

Issuance of Additional Notes. From time to time subsequent to the date hereof, without the consent of the Holders of the Notes, the Issuer may create and issue additional Notes (the “Additional Notes”) under the terms of the Original Indenture and this Seventh Supplemental Indenture (and without need to execute any additional supplemental indenture). The Issuers Additional Notes shall be entitledissued as part of the existing series of Notes issued pursuant to this Seventh Supplemental Indenture and shall have terms identical in all material respects (except for the public offering price and the issue date and, subject if applicable, the initial interest accrual date and the initial Interest Payment Date) to their compliance any Outstanding Notes and shall be treated together with Section 4.09, to any Outstanding Notes as a single issue of Notes under the Original Indenture and this Seventh Supplemental Indenture. Any Additional Notes under issued hereunder shall rank equally and ratably with the Notes originally issued pursuant to this Indenture Seventh Supplemental Indenture, shall have the same CUSIP number and shall trade interchangeably with such Notes (except for such Additional Notes that are not fungible with the Notes for U.S. federal income tax purposes, which shall have identical terms as a separate CUSIP number) and shall otherwise constitute Notes for all other purposes hereof. Any Additional Notes may be issued pursuant to authorization provided by one or more Board Resolutions. No Additional Notes shall be issued at any time that there is an Event of Default under the Initial Notes issued on the Initial Issuance Date, other than Original Indenture with respect to the date of issuance, issue price Notes that has occurred and the date from which interest begins to accrue. The Initial Notes issued on the Initial Issuance Date, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; and (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendixis continuing.

Issuance of Additional Notes. (a) The Issuers shall be entitled, subject to their its compliance with Section 4.09Article 4, to issue Additional Notes under this Indenture which Indenture. Any Additional Notes shall have identical terms be part of the same series as the Initial Notes issued on the date hereof, rank equally with the Initial Issuance Date, Notes and have identical terms and conditions to the Initial Notes in all respects other than with respect to (a) the date of issuance, (b) the issue price price, (c) rights under a related Registration Rights Agreement, if any, and (d) at the option of the Issuers, (i) as to the payment of interest accruing prior to the issue date from which of such Additional Notes, and (ii) the first payment of interest begins to accruefollowing the issue date of such Additional Notes. The Initial Notes issued on the Initial Issuance DateNotes, any Additional Notes subsequently issued upon original issue under this Indenture and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitationincluding directions, waivers, amendments, consents, directions, declarations, amendments, redemptions and offers to purchase. ; and none of the Holders of any Initial Notes, any Exchange Notes or any Additional Notes shall have the right to vote or consent as a separate class on any matter to which such Holders are entitled to vote or consent. (b) With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, a copy of which shall be delivered to the TrusteeTrustee at or prior to original issuance thereof, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date (and the corresponding date from which interest shall accrue thereon and the first interest payment date therefor) and the CUSIP and/or ISIN number and any corresponding ISIN of such Additional Notes; and (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in subject to the form of Initial Notes as restrictions on transfer set forth in Exhibit 1 Section 2.06 relating to Restricted Global Notes and Restricted Definitive Notes. (c) Notwithstanding anything else herein, with respect to any Additional Notes issued subsequent to the Appendix to date hereof, when the context requires, (1) all references in Article 2 herein and elsewhere in this Indenture or to a Registration Rights Agreement shall be issued to the Registration Rights Agreement entered into with respect to such Additional Notes, (2) any references in this Indenture to the Exchange Offer, Exchange Offer Registration Statement, Shelf Registration Statement, and any other term related thereto shall be to such terms as they are defined in such Registration Rights Agreement entered into with respect to such Additional Notes, (3) all time periods described in the form Notes with respect to the registration of Exchange such Additional Notes shall be as provided in such Registration Rights Agreement entered into with respect to such Additional Notes, (4) any Additional Interest, if set forth in Exhibit A such Registration Rights Agreement, may be paid to the AppendixHolders of the Additional Notes immediately prior to the making or the consummation of the Exchange Offer regardless of any other provisions regarding record dates herein and (5) all provisions of this Indenture shall be construed and interpreted to permit the issuance of such Additional Notes and to allow such Additional Notes to become fungible and interchangeable with the Initial Notes originally issued under this Indenture (and Exchange Notes issued in exchange therefor). Indebtedness represented by Additional Notes shall be subject to the covenants contained in this Indenture.

Issuance of Additional Notes. The Issuers shall be entitled, subject to their compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, other than with respect to the date of issuance, issue price and the date from which interest begins to accrue. The Initial Notes issued on the Initial Issuance Date, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ ' Certificate, which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; provided, however, that no Additional Notes may be issued at a price that would case such Additional Notes to have “original issue discount” within the meaning of Section 1273 of the Code; and (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendix.

Issuance of Additional Notes. The Issuers After the Issue Date, the Company shall be entitled, subject to their compliance with Section 4.09without the notice or consent of Holders, to issue Additional Notes under this Indenture Indenture, which Notes shall have identical terms as the Initial Notes issued on the Initial Issuance Issue Date, other than with respect to the date of issuance, issue price price, original interest accrual date and original interest payment date, and such Additional Notes may not have the date from which interest begins to accruebenefit of registration rights. The Initial All the Notes issued on the Initial Issuance Date, any Additional Notes and all Exchange Notes issued in exchange therefor under this Indenture shall be treated as a single class and consolidated and form a single series with the Issue Date Notes for all purposes under of this Indenture, including, without limitation, Indenture including waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. Such Additional Notes shall be issued for U.S. federal income tax purposes in a “qualified reopening” or with no more than a de minimis amount of original issue discount. With respect to any Additional Notes, the Issuers Company shall set forth in a resolution of the Board of Directors and an Officers’ Officer’s Certificate, a copy of each which shall be delivered to the Trustee, the following information: (1a) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2b) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional NotesNotes and whether such Additional Notes have the benefit of registration rights; and (3c) whether such Additional Notes shall be Transfer Restricted Securities Notes and issued in the form of Initial Issue Date Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the AppendixNotes.

Issuance of Additional Notes. The Issuers After the Initial Issuance Date, the Company shall be entitled, subject to their compliance with Section 4.09, entitled to issue Additional Notes under this the Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, other than with respect to the date of issuancesize, issue date, issue price and first interest payment; provided that if the date from which interest begins to accrueAdditional Notes are not fungible with the Notes for U.S. federal income tax purposes, then they must be issued with a different CUSIP number. The Initial Notes issued on the Initial Issuance Date, Date and any Additional Notes and all Exchange Notes issued in exchange therefor under the Indenture shall be treated as a single class for all purposes under this the Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions amendments and offers to purchaseredemptions. With respect to any Additional Notes, the Issuers Company shall set forth in a resolution of the Board of Directors of the Company and an Officers’ Certificate, a copy of each which shall be delivered to the Trustee, the following information: (1a) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this the Indenture; (2b) the issue pricedate, the issue date price and the CUSIP number and any corresponding ISIN of such Additional Notes; provided, however, that if the Additional Notes are not fungible with the Notes for U.S. federal income tax purposes, then they must be issued with a different CUSIP number; (c) the date from which interest shall accrue on such Additional Notes; and (3d) whether such the other statements required by Section 2.02 of the Original Indenture. In addition to the foregoing, the Company shall deliver to the Trustee an Issuer Order as described in Section 2.02, an Opinion of Counsel as to enforceability of the Additional Notes, together with an Opinion of Counsel that all conditions precedent to the issuance and authentication of the Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendixhave been satisfied.

Issuance of Additional Notes. The Issuers Company shall be entitled, subject to their its compliance with Section 4.094.03 and the other terms of this Indenture, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Issue Date, other than with respect to except that the date of issuanceissue price, issue price date and the date from which interest begins to accrueaccrues may differ. Such Additional Notes may be issued in one or more series and with the same or different CUSIP number; provided, however, that unless such Additional Notes are issued under a separate CUSIP, such Additional Notes must be fungible with the Notes for U.S. federal income tax purposes. The Initial Notes issued on and the Initial Issuance DateAdditional Notes, any Additional Notes and all Exchange Notes issued in exchange therefor if any, shall be treated as a single class for all purposes under this Indenture, including, without limitation, including waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. Any Additional Notes shall be part of the same issue as the Initial Notes and shall vote on all matters with the Holders. With respect to any Additional Notes, the Issuers Company shall set forth in an Officers’ Officer’s Certificate, a copy of which shall be delivered to the Trustee, the following information: (1a) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2b) the issue price, the issue date and the CUSIP number and any corresponding ISIN numbers, if any, of such Additional Notes; and (3c) whether such Additional Notes shall be Transfer Restricted Securities Notes and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture Indenture. The Trustee shall have the right to decline to authenticate and deliver any Additional Notes under this Section 2.12 if the Trustee, determines that such action may not lawfully be taken by the Company or if the Trustee in good faith by its board of directors or board of trustee, executive committee, or a trust committee of directors or trustees or Trust Officers shall be issued in determine that such action would expose the form Trustee to personal liability to existing Holders of Exchange Notes as set forth in Exhibit A to the AppendixNotes.

Issuance of Additional Notes. The Issuers After the Issue Date, the Issuer shall be entitled, subject to their its compliance with Section 4.09Sections 4.09 and 4.12, to issue Additional Notes under this Indenture Indenture, which Notes shall have identical terms as the Initial Notes issued on the Initial Issuance Issue Date, other than with respect to the date of issuance, issuance and issue price and the date from which interest begins to accrue. The Initial Notes issued on the Initial Issuance Date, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchaseprice. With respect to any Additional Notes, the Issuers Issuer shall set forth in a resolution of the Board of the Issuer and an Officers’ Officer’s Certificate, a copy of each which shall be delivered to the Trustee, the following information: (1a) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture;; and (2b) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; provided that only those Additional Notes that are part of the “same issue” as all other Notes issued under this Indenture, as defined under Treasury Regulation Section 1.1275-1(f), or issued in a “qualified reopening” under Treasury Regulation Section 1.1275-2(k) may be issued with the same CUSIP number as the other Notes issued under this Indenture. In authenticating such Additional Notes, and accepting the additional responsibilities under this Indenture in relation to such Additional Notes, the Trustee shall receive, and, subject to Section 7.01, shall be fully protected in relying upon: (i) an Officer’s Certificate and Opinion of Counsel delivered in accordance with Section 13.02; and (3ii) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes other documents as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendixit may reasonably require.