Common use of Issuance of Additional Notes Clause in Contracts

Issuance of Additional Notes. The Company shall be entitled, subject to 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 Issue Date, other than with respect to the date of issuance and issue price. The Initial Notes issued on the Issue 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. With respect to any Additional Notes, the Company shall set forth in a Board Resolution and an Officers’ Certificate of the Company, a copy of each 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”, “ISIN” or other similar identification numbers of such Additional Notes; (3) whether such Additional Notes shall be Transfer Restricted Notes and issued in the form of Initial Notes as set forth in the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit B to the Appendix; and (4) if any Additional Notes are not fungible with any of the Notes then outstanding for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP number.

Issuance of Additional Notes. The After the Issue Date, the Company shall will be entitled, subject to its compliance with Section 4.09, entitled to issue Additional Notes under this Indenture Indenture, which Notes shall have identical terms as the Initial Notes issued on the Issue Date, other than with respect to the date of issuance and issuance, issue price, original interest accrual date and original interest payment date, and such Additional Notes may not have the benefit of registration rights. The Initial All the Notes issued on the Issue Date, any Additional Notes and all Exchange Notes or Private Exchange Notes issued in exchange therefor under this Indenture shall be treated as a single class for all purposes under of this IndentureIndenture including waivers, amendments, redemptions and offers to purchase; 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 Company shall will set forth in a resolution of the Board Resolution of Directors and an Officers’ Certificate of the CompanyCertificate, 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”, “ISIN” or other similar identification numbers CUSIP number of such Additional Notes; (3) Notes and whether such Additional Notes shall be Transfer Restricted Notes and issued in have the form benefit of Initial Notes as set forth in the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit B to the Appendix; and (4) if any Additional Notes are not fungible with any of the Notes then outstanding for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP numberregistration rights.

Issuance of Additional Notes. The After the Issue Date, the Company shall will be entitled, subject to its compliance with Section 4.09, entitled to issue Additional Notes under this Indenture Indenture, which Notes shall have identical terms as the Initial Notes issued on the Issue Date, other than with respect to the date of issuance and issuance, issue price, original interest accrual date and original interest payment date. The Initial All the Notes issued on the Issue Date, any Additional Notes and all Exchange Notes or Private Exchange Notes issued in exchange therefor under this Indenture shall be treated as a single class for all purposes of this Indenture including waivers, amendments, redemptions and offers to purchase; provided, however, that unless such Additional Notes are issued under this Indenturea separate CUSIP, either such Additional Notes shall be part of the same “issue” for U.S. Federal income tax purposes or shall be issued pursuant to a “qualified reopening” for U.S. Federal income tax purposes. With respect to any Additional Notes, the Company shall will set forth in a resolution of the Board Resolution of Directors and an Officers’ Certificate of the CompanyCertificate, a copy of each which shall be delivered to the TrusteeTrustees, 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”, “ISIN” or other similar identification numbers CUSIP number of such Additional Notes; (3) whether such Additional Notes shall be Transfer Restricted Notes and issued in the form of Initial Notes as set forth in the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit B to the Appendix; and (4) if any Additional Notes are not fungible with any of the Notes then outstanding for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP number.

Issuance of Additional Notes. The Company shall After the Issue Date, the Issuer will be entitled, subject to its compliance with Section 4.09, entitled to issue Additional Notes under this Indenture Indenture, which Notes shall have identical terms as the Initial Notes issued on the Issue Date, other than with respect to the date of issuance and issuance, issue price, original interest accrual date and original interest payment date. The Initial All the Notes issued on the Issue Date, any Additional Notes and all Exchange Notes or Private Exchange Notes issued in exchange therefor under this Indenture shall be treated as a single class for all purposes under of this IndentureIndenture including waivers, amendments, redemptions and offers to purchase; provided that, such Additional Notes will have a separate CUSIP number unless the Additional Notes are 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 de minimis amount of original discount, in each case for U.S. federal income tax purposes. With respect to any Additional Notes, the Company shall Issuer will set forth in a resolution of the Board Resolution of Directors and an Officers’ Certificate of the CompanyOfficer’s Certificate, a copy of each which shall be delivered to the TrusteeTrustee along with an Opinion of Counsel pursuant to Section 11.3, 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”, “ISIN” or other similar identification numbers CUSIP number of such Additional Notes; (3) whether such Additional Notes shall be Transfer Restricted Notes and issued in the form of Initial Notes as set forth in the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit B to the Appendix; and (4) if any Additional Notes are not fungible with any of the Notes then outstanding for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP number.

Issuance of Additional Notes. The Company shall be entitled, subject to 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 Issue Date, other than with respect to the date of issuance and issue price. The Initial Notes issued on the Issue 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. With respect to any Additional Notes, the Company shall set forth in a Board Resolution and an Officers’ Certificate of the Company, a copy of each 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”, “ISIN” or other similar identification numbers 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 Notes and issued in the form of Initial Notes as set forth in the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit B to the Appendix; and (4) if any Additional Notes are not fungible with any of the Notes then outstanding for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP number.

Issuance of Additional Notes. The Company shall be entitled, subject to 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 Issue Date, other than with respect to the date of issuance and issue price. The Initial Notes issued on the Issue 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. With respect to any Additional Notes, the Company shall set forth in a Board Resolution and an Officers’ Certificate of the Company, a copy of each 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”, “ISIN”, “Common Code” or other similar identification numbers 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 Notes and issued in the form of Initial Notes as set forth in the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit B C or Exhibit D, as the case may be, to the Appendix; and (4) if any Additional Notes are not fungible with any of the Notes then outstanding for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP number.

Issuance of Additional Notes. The After the Issue Date, the Company shall be entitledshall, subject to its compliance with Section 4.09the terms of this Indenture but without notice to or the consent of any Holders, be entitled to create and issue Additional Notes under this Indenture Indenture, which Notes shall have identical terms as as, and rank equally and ratably with, the Initial Notes issued on the Issue DateDate or the Exchange Notes exchanged therefor, other than with respect to the date of issuance and issuance, issue price. The Initial Notes issued , the initial interest accrual date and amount of interest payable on the Issue 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 Indenturefirst payment date applicable thereto. With respect to any Additional Notes, the Company shall set forth in a resolution of the Board Resolution of Directors of the Company and an Officers’ Certificate of the CompanyCertificate, 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, the initial interest accrual date and the “CUSIP”, “ISIN” or other similar identification numbers CUSIP number of such Additional Notes;, provided, however, that no Additional Notes may be issued with the same CUSIP number as the Notes previously issued under this Indenture if such Additional Notes are not fungible with such previously issued Notes for U.S. federal income tax purposes; and (3c) whether such Additional Notes shall be Transfer Restricted Notes and issued in the form of Initial Notes as set forth in the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit B to the Appendix; and (4) if any Additional Notes are not fungible with any of the Notes then outstanding for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP number.A.

Issuance of Additional Notes. The After the Issue Date, the Company shall be entitledshall, subject to its compliance with Section 4.09the terms of this Indenture but without notice to or the consent of any Holders, be entitled to create and issue Additional Notes under this Indenture Indenture, which Notes shall have identical terms as as, and rank equally with, the Initial Notes issued on the Issue DateDate or the Exchange Notes exchanged therefor, other than with respect to the date of issuance and issuance, issue price. The Initial Notes issued , the initial interest accrual date and amount of interest payable on the Issue 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 Indenturefirst payment date applicable thereto. With respect to any Additional Notes, the Company shall set forth in a resolution of the Board Resolution of Directors of the Company and an Officers’ Certificate of the CompanyCertificate, 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, the initial interest accrual date and the “CUSIP”, “ISIN” or other similar identification numbers CUSIP number of such Additional Notes;, provided, however, that no Additional Notes may be issued with the same CUSIP number as the Notes previously issued under this Indenture if such Additional Notes are not fungible with such previously issued Notes for U.S. federal income tax purposes; and (3c) whether such Additional Notes shall be Transfer Restricted Notes and issued in the form of Initial Notes as set forth in the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit B to the Appendix; and (4) if any Additional Notes are not fungible with any of the Notes then outstanding for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP number.A.

Issuance of Additional Notes. The Company shall After the Issue Date, the Issuer will be entitled, subject to its compliance with Section 4.09, entitled to issue Additional Notes under this Indenture Indenture, which Notes shall have identical terms as the Initial Notes issued on the Issue Date, other than with respect to the date of issuance and issuance, issue price, original interest accrual date and original interest payment date. The Initial All the Notes issued on the Issue Date, any Additional Notes and all Exchange Notes or Private Exchange Notes issued in exchange therefor under this Indenture shall be treated as a single class for all purposes of this Indenture including waivers, amendments, redemptions and offers to purchase; provided, however, that unless such Additional Notes are issued under this Indenturea separate CUSIP, either such Additional Notes shall be part of the same “issue” for U.S. Federal income tax purposes or shall be issued pursuant to a “qualified reopening” for U.S. Federal income tax purposes. With respect to any Additional Notes, the Company shall Issuer will set forth in a resolution of the Board Resolution of Directors and an Officers’ Certificate of the CompanyCertificate, a copy of each which shall be delivered to the TrusteeTrustees, 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”, “ISIN” or other similar identification numbers CUSIP number of such Additional Notes; (3) whether such Additional Notes shall be Transfer Restricted Notes and issued in the form of Initial Notes as set forth in the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit B to the Appendix; and (4) if any Additional Notes are not fungible with any of the Notes then outstanding for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP number.

Issuance of Additional Notes. The Company shall be entitled, subject to its compliance with Section 4.09, entitled to issue after the Issue Date, from time to time, Additional Notes under this Indenture which that shall have identical terms as the Initial Notes issued on the Issue DateNotes, other than with respect to the date of issuance and issuance, issue 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 form of Restricted Notes, with respect to 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 Issue Date, and any Additional Notes and all Exchange Notes or Private Exchange Notes issued in exchange therefor shall be be, without limitation, treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, the Company shall set forth in a resolution of its Board Resolution of Directors and in an Officers’ Certificate of the CompanyCertificate, 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”, “ISIN” CUSIP and/or ISIN or other similar identification numbers number 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 Notes and issued in the form of Initial Notes as set forth in the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit B to the Appendix; and (4) if any Additional Notes are not fungible with any of the Notes then outstanding for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP numberNotes.

Issuance of Additional Notes. The Company (a) After the date hereof, the Issuers shall be entitled, subject to its their compliance with the covenants contained in this Indenture, including Section 4.09, to issue Additional Notes under this Indenture Indenture, which Additional Notes shall have identical terms as to the Initial Notes issued on the Issue DateNotes, other than with respect to the date of issuance and the issue price. The ; provided that if the Additional Notes are not fungible with the Initial Notes issued on for U.S. federal income tax purposes, the Issue Date, any Additional Notes and all Exchange Notes or Private Exchange will have a separate CUSIP number. All the Notes issued in exchange therefor shall under this Indenture will be treated as a single class series for all purposes under of this Indenture. Indenture including waivers, amendments, redemptions and Offers to Purchase. (b) With respect to any Additional Notes, the Company Issuers shall set forth in a Board Resolution and an Officers’ Certificate of the CompanyCertificate, a copy of each 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;Indenture and the provision of Section 4.09 that the Issuers are relying upon to issue such Additional Notes; and (2) the issue price, the issue date and the “CUSIP”, “ISIN” or other similar identification numbers CUSIP number of such Additional Notes; (3) whether such Additional Notes shall be Transfer Restricted Notes and issued in the form of Initial Notes as set forth in the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit B to the Appendix; and (4) if any Additional Notes are not fungible with any of the Notes then outstanding for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP number.

Issuance of Additional Notes. The Company shall Issuer will be entitled, upon delivery of an Officer’s Certificate, Opinion of Counsel and Authentication Order, subject to its 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 Issue Datedate of this Indenture, other than with respect to the date of issuance issuance, the initial date from which interest shall accrue on such Additional Notes and issue price. The Initial Notes issued on the Issue 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. With respect to any Additional Notes, the Company shall Issuer will set forth in a resolution of the Board Resolution of Directors of the Issuer and an Officers’ Certificate of the CompanyOfficer’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”, “ISIN” or other similar identification numbers of such Additional Notes; (3) whether which such Additional Notes shall be Transfer Restricted Notes and issued in the form of Initial Restricted Global Notes or Restricted Definitive Notes, as set forth in 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 B to the Appendix; and (4) if case may be. In order for any Additional Notes are not to have the same CUSIP, Common Code or ISIN, as applicable, as the Notes, such Additional Notes must be fungible with any of the Notes then outstanding for U.S. United States federal income tax purposes, such Additional Notes will have a separate CUSIP number.

Issuance of Additional Notes. The Company shall be entitled, subject to its compliance with Section 4.09, to issue Additional Notes without the consent of the Holders under this Indenture which shall have identical terms as the Initial Notes issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Notes issued on the Issue 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. With respect to any Additional Notes, the Company shall set forth in a Board Resolution and an Officers’ Certificate of the CompanyCertificate, 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”, “ISIN” or other similar identification numbers of such Additional Notes; (3c) whether such Additional Notes shall be Transfer Restricted Notes and issued in the form of Initial Notes as set forth in the Appendix Exhibit A to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit B D to the Appendixthis Indenture; and (4d) if any Additional Notes are not fungible with any of the Notes then outstanding for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP number.

Issuance of Additional Notes. The Company shall be entitled, subject to its compliance with Section 4.09, entitled to issue Additional Notes under this Supplemental Indenture which shall have identical terms as the Initial Notes issued on (including, without limitation, the Issue Datesame CUSIP number), other than with respect to the date of issuance and issue price, and which shall be the same series as the Notes of such series having the same Stated Maturity as such Additional Notes. The Initial Notes of any given series issued on the Issue Date, any Additional Notes Date and all Exchange Notes or Private Exchange Notes with the same Stated Maturity as such series of Initial Notes issued in exchange therefor therefor, together with any Additional Notes of the same series as such Initial Notes, shall be treated as a single class for all purposes under this the Indenture. With respect to any Additional Notes, the Company shall set forth in a Board Resolution and an Officers’ Certificate of the CompanyCertificate, a copy of each of which shall be delivered to the TrusteeTrustee along with a Company Order for authentication and delivery of such Additional Notes, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Supplemental Indenture;; and (2) the issue price, the issue date and the “CUSIP”CUSIP number, “ISIN” or other similar identification numbers ISIN number and Common Code number, if any, of such Additional Notes; (3) whether ; provided, however, that no Additional Notes may be issued at a price that would cause such Additional Notes shall be Transfer Restricted to have “original issue discount” within the meaning of Section 1273 of the Internal Revenue Code of 1986, as amended, and no Additional Notes and issued in the form of Initial Notes as set forth in the Appendix to this Indenture or shall may be issued in the form if an Event of Exchange Notes as set forth in Exhibit B Default has occurred and is continuing with respect to the Appendix; and (4) if any Additional Notes are not fungible with any series of the Notes then outstanding for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP numberNotes.

Issuance of Additional Notes. The Company After the Closing Date, the Issuer shall be entitled, subject to its compliance compliance, at the time of and after giving effect to such issuance, 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 Issue Closing Date, other than with respect to the date of issuance and issue price; provided that any such Additional Notes will be treated, for U.S. Federal income tax purposes, as fungible with the Notes, or shall be issued with a different Common Code and ISIN for such Additional Notes. The Initial All the Notes issued on the Issue Date, under this Indenture (including any Additional Notes and all Exchange Notes or Private Exchange Notes issued in exchange therefor Notes) shall be treated as a single class for all purposes under of this Indenture, including in respect of any amendment, waiver, other modification or optional redemption by the Issuer. With respect to any Additional Notes, the Company Issuer shall set forth in a Board Resolution and an Officers’ Certificate of the CompanyCertificate, a copy of each which shall be delivered to the TrusteeTrustee (along with a copy of the resolutions of the board of directors of the Issuer authorizing the Additional Notes), 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 date, the Common Code and the “CUSIP”, “ISIN” or other similar identification numbers ISIN of such Additional Notes; (3) whether such Additional Notes shall be Transfer Restricted Notes and issued in the form of Initial Notes as set forth in the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit B to the Appendix; and (4) if any Additional Notes are not fungible with any of the Notes then outstanding for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP number.

Issuance of Additional Notes. The Company shall be entitled, subject to 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 Issue Date, other than with respect to the date of issuance and issue price. The Initial Notes issued on the Issue 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. With respect to any Additional Notes, the Company shall set forth in a Board Resolution and an Officers’ Certificate of the Company, a copy of each which shall be delivered to the Trustee, the following information: (1) the aggregate Accreted Value and principal amount at maturity of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date (including the date from which Accreted Value of, premium, if any, or interest on such Additional Notes shall accrete or accrue, as the case may be) and the “CUSIP”, “ISIN” or other similar identification numbers of such Additional Notes;; and (3) whether such Additional Notes shall be Transfer Restricted Notes and issued in the form of Initial Notes as set forth in the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit B C or Exhibit D, as the case may be, to the Appendix; and (4) if any Additional Notes are not fungible with any of the Notes then outstanding for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP number.

Issuance of Additional Notes. The Company shall be entitled, subject to its compliance with Section 4.099.14, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Notes issued on the Issue 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. With respect to any Additional Notes, the Company shall set forth in a resolution of the Board Resolution of Directors and an Officers’ Certificate of the Company' Certificate, a copy of each 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”, “ISIN” or other similar identification numbers CUSIP number 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 Notes 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 B A-1 to the Appendix; and (4) if any Additional Notes are not fungible with any of the Notes then outstanding for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP number.

Issuance of Additional Notes. The Company Issuer shall be entitled, subject to its the Company’s compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Notes issued on the Issue 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. With respect to any Additional Notes, the Company Issuer shall set forth in a Board Resolution and an Officers’ Certificate of the CompanyIssuer, a copy of each 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”, “ISIN” or other similar identification numbers of such Additional Notes; (3) whether such Additional Notes shall be Transfer Restricted Notes and issued in the form of Initial Notes as set forth in the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit B to the Appendix; and (4) if any Additional Notes are not fungible with any of the Notes then outstanding for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP number.

Issuance of Additional Notes. The Company shall be entitled, subject to 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 Issue Date, other than with respect to the date of issuance and issue price. The Initial Notes issued on the Issue 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. With respect to any Additional Notes, the Company shall set forth in a resolution of the Board Resolution of Directors and an Officers’ Certificate of the CompanyCertificate, 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”, “ISIN” or other similar identification numbers CUSIP number of such Additional Notes;; provided 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 (3c) whether such Additional Notes shall be Transfer Restricted Notes transfer restricted notes and issued in the form of Initial Notes as set forth in the Appendix to Section 2.02 this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit B to the Appendix; and (4) if any Additional Notes are not fungible with any of the Notes then outstanding for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP numberNotes.

Issuance of Additional Notes. The Company shall be entitledIssuer may, subject to its compliance with Section 4.094.04 of this Indenture, to issue Additional Notes under this Indenture which in accordance with the procedures of Section 2.02. Such Additional Notes shall have identical rank pari passu with the Initial Notes and shall be issued with the same terms as to status, redemption and otherwise as such Initial Notes (save for payment of interest accruing prior to the Initial issue date of such Additional Notes, for the first payment of interest following the issue date of such Additional Notes or for transfer restrictions). The Original Notes issued on the Issue Date, other than with respect to the date of issuance this Indenture and issue price. The Initial Notes issued on the Issue Date, any Additional Notes and all Exchange Notes or Private Exchange Notes subsequently issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With , including, without limitation, waivers, amendments, redemptions, and offers to purchase except as otherwise specified with respect to any each series of Notes. Any issue of Additional Notes, Notes that is to utilize the Company same ISIN or CUSIP number as a Note already issued hereunder shall set forth be effected in a Board Resolution manner and an Officers’ Certificate under circumstances whereby the issue of Additional Notes is treated as a “qualified reopening” (within the meaning of U.S. Treas. Reg. § 1.1275-2(k)(3), or any successor provision, as in effect at the time of the Companyfurther issue) of, a copy of each 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 priceor is for U.S. federal income tax purposes otherwise fungible with, the issue date and of Notes having the “CUSIP”shared ISIN or CUSIP number, “ISIN” or other similar identification numbers of such Additional Notes; (3) whether such Additional Notes shall be Transfer Restricted Notes and issued in as the form of Initial Notes as set forth in case may be. In the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit B to the Appendix; and (4) if event that any Additional Notes are not fungible with any of the Notes then outstanding previously issued for U.S. federal income tax purposes, such non-fungible Additional Notes will have shall be issued with a separate ISIN, CUSIP numberor other securities identification number as applicable, so they are distinguishable from such previously issued Notes.

Issuance of Additional Notes. The Company shall Issuer will be entitled, from time to time, subject to its compliance with Section 4.09, 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 Issue Date, Date other than with respect to (a) the date of issuance and issuance, (b) the issue price, (c) the amount of interest to be accrued on the first Interest Accrual Date and (d) any adjustments in order to conform to and ensure compliance with the Securities Act (or other applicable securities laws). The Initial Notes issued on the Issue Date, any Additional Notes and all Exchange Notes or Private Exchange Notes issued in exchange therefor the Additional Notes, if any, shall be treated as a single class for all purposes of this Indenture, including waivers, amendments and redemptions; provided that if any Additional Notes subsequently issued are not fungible for U.S. federal income tax purposes or securities law purposes with any Notes previously issued, such Additional Notes shall trade separately from such previously issued Notes under a separate CUSIP number but shall otherwise be treated as a single class with all other Notes issued under this Indenture. With respect to any Additional Notes, the Company shall Issuer will set forth in an Officer’s Certificate pursuant to a Board Resolution and an Officers’ Certificate resolution of the CompanyBoard of Directors of the Issuer, a copy copies of each which shall will be delivered to the Trustee, the following information: (1i) the aggregate principal amount Initial 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”, “ISIN” or other similar identification numbers CUSIP number of such Additional Notes;; and (3iii) whether such Additional Notes shall will be Transfer Restricted Notes and issued in the form of Initial Notes as set forth in the Appendix subject to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit B to the Appendix; and (4) if any Additional Notes are not fungible with any of the Notes then outstanding for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP numbertransfer restrictions.

Issuance of Additional Notes. The Company shall be entitled, subject to its compliance with Section 4.094.09 and Section 4.12, to issue Additional Notes without the consent of the Holders under this Indenture which shall have identical terms as the Initial Notes issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Notes issued on the Issue 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. With respect to any Additional Notes, the Company shall set forth in a Board Resolution and an Officers’ Certificate of the CompanyCertificate, 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”, “ISIN” or other similar identification numbers of such Additional Notes; (3c) whether such Additional Notes shall be Transfer Restricted Notes and issued in the form of Initial Notes as set forth in the Appendix Exhibit A to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit B D to the Appendixthis Indenture; and (4d) if any Additional Notes are not fungible with any of the Notes then outstanding for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP number.

Issuance of Additional Notes. The Company shall be entitled, subject to its compliance with Section 4.09, entitled to issue an unlimited principal amount of Additional Notes under this Indenture which that shall have identical terms and conditions as the Initial Notes issued on the Issue DateNotes, other than with respect to the date of issuance and issuance, issue price, the first interest payment date and any customary escrow provisions, and, if applicable, other than with respect to the first date from which interest accrues; provided that if any Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such Additional Notes will be issued as a separate series under this Indenture and will have a separate CUSIP number and ISIN from the Initial Notes; provided, further, that such issuance is not prohibited by the terms of this Indenture, including SECTION 4.9. The Initial Notes issued on the Issue 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. With respect to any Additional Notes, the Company shall set forth in a resolution of its Board Resolution of Directors and in an Officers’ Certificate of the CompanyOfficer’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”, “ISIN” or other similar identification numbers CUSIP number 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 Notes and issued in the form of Initial Notes as set forth in the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Notes. Exhibit B to the Appendix; and (4) if any Additional Notes are not fungible with any of the Notes then outstanding for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP number.4.1

Issuance of Additional Notes. The Company shall be entitled, subject to 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 Issue Date, other than with respect to the date of issuance and issue price. The Initial Notes issued on the Issue 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. With respect to any Additional Notes, the Company shall set forth in a Board Resolution and an Officers’ ' Certificate of the Company, a copy of each 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”", “"ISIN” " or other similar identification numbers 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 Notes and issued in the form of Initial Notes as set forth in the Appendix Exhibit A to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit B to the Appendix; and (4) if any Additional Notes are not fungible with any of the Notes then outstanding for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP numberthis Indenture.

Issuance of Additional Notes. The Company shall be entitled, subject to its 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 Issue Closing Date, other than with respect to the date of issuance and issuance, issue price. The Initial Notes issued , amount of interest payable on the Issue Datefirst payment date applicable thereto and terms of optional redemption, any Additional Notes and all Exchange Notes or Private Exchange Notes issued in exchange therefor if any; provided that such issuance shall be treated as a single class for all purposes under this Indenturemade in compliance with Section 5.04. With respect to any Additional Notes, the Company shall set forth in a resolution of its Board Resolution of Directors (or a duly appointed committee thereof) and in an Officers’ Certificate of the CompanyCertificate, 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”, “ISIN” or other similar identification numbers of such Additional Notes;Notes and amount of interest payable on the first payment date applicable thereto; and (3d) whether if applicable, that such Additional Notes shall be Transfer Restricted Notes and issued issuable in whole or in part in the form of Initial one or more Global Notes as 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 Appendix to this Indenture in which any such Global Note may be exchanged in whole or shall in party for Additional Notes registered, or any transfer of such Global Notes in whole or in party may be issued registered, in the form name or names of Exchange Notes as set forth in Exhibit B to Persons other than the Appendix; and (4) if any Additional Notes are not fungible with any of the Notes then outstanding depositary for U.S. federal income tax purposes, such Additional Notes will have Global Note or a separate CUSIP numbernominee thereof.