Common use of Issuance of Additional Securities Clause in Contracts

Issuance of Additional Securities. The Company shall be entitled to issue Additional Securities under this Indenture which shall have identical terms as the Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The Securities issued on the Issue Date and any Additional Securities shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and (2) the issue price, the issue date and the CUSIP number of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that such Additional Securities will be fungible with the Securities issued on the Issue Date for all United States federal income tax purposes.

Issuance of Additional Securities. The Company shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this Indenture which shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities or Private Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and the CUSIP number of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Code (unless then applicable regulations under the Code would treat the outstanding Securities and the Additional Securities may be issued with as part of the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that issue); and (3) whether such Additional Securities will shall be fungible with Transfer Restricted Securities and issued in the form of Initial Securities as set forth in the Appendix to this Indenture or shall be issued on in the Issue Date for all United States federal income tax purposes.form of Exchange Securities as set forth in Exhibit A.

Issuance of Additional Securities. The Company shall be entitled to issue Additional Securities under this Indenture which shall have identical terms (including, without limitation, the same Conversion Price) as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issuance, issue price, and amount of interest payable on the first payment date applicable thereto . The Initial Securities issued on the Issue Date and any Additional Securities shall be treated as a single class for all purposes under this Indenture, including, without limitation, security, interests, waivers, amendments and offers to purchase. With respect to any Additional Securities, the Company shall set forth in a resolution of the its Board of Directors and an Officers’ Certificatein a Company Request, a copy of each of which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and the CUSIP number of such Additional SecuritiesSecurities and the amount of interest payable on the first payment date applicable thereto; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional Securities may be issued Internal Revenue Code of 1986, as amended; and (3) any and all other terms of issuance with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory respect to the Trustee, to the effect that such Additional Securities will be fungible with Securities, including any terms which the Securities issued on the Issue Date for all United States federal income tax purposesBoard of Directors deems appropriate.

Issuance of Additional Securities. The Company shall be entitled to issue Additional Securities under this Indenture which shall have identical terms as the Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The Securities issued on the Issue Date and any Additional Securities shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and (2) the issue price, the issue date and the CUSIP number of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion Opinion of nationally recognized counsel, reasonably satisfactory to the TrusteeCounsel, to the effect that such Additional Securities will be fungible with the Securities issued on the Issue Date for all United States federal income tax purposes.

Issuance of Additional Securities. The Company shall be entitled to issue issue, from time to time, Additional Securities under this Indenture which shall have identical terms as the Initial Securities issued on the Issue DateDate or the Exchange Securities exchanged therefor (in each case, other than with respect to the date of issuance issuance, issue price and issue priceamount of interest payable on the first payment date applicable thereto), as the case may be. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the 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: (1i) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2ii) the issue price, the issue date and the CUSIP "CUSIP" and "ISIN" number of any such Additional Securities and the amount of interest payable on the first payment date applicable thereto; (iii) whether such Additional Securities shall be transfer restricted securities and issued in the form of Initial Securities as set forth in Exhibit A to this Indenture or shall be issued in the form of Exchange Securities as set forth in Exhibit B to this Indenture; and (iv) if applicable, the Restricted Period for such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that such Additional Securities will be fungible with the Securities issued on the Issue Date for all United States federal income tax purposes.

Issuance of Additional Securities. The Company shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this Indenture which shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities or Private Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and the CUSIP number of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that ; and (3) whether such Additional Securities will shall be fungible with Transfer Restricted Securities and issued in the form of Initial Securities as set forth in the Appendix to this Indenture or shall be issued on in the Issue Date for all United States federal income tax purposes.form of Exchange Securities as set forth in Exhibit A.

Issuance of Additional Securities. The Company shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this Indenture which shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities or Private Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and the CUSIP number and corresponding ISIN of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that ; and (3) whether such Additional Securities will shall be fungible with Transfer Restricted Securities and issued in the form of Initial Securities as set forth in the Appendix to this Indenture or shall be issued on in the Issue Date for all United States federal income tax purposes.form of Exchange Securities as set forth in Exhibit A.

Issuance of Additional Securities. The Company Unless otherwise specified as contemplated by Section 2.1, the Issuer shall be entitled to issue Additional additional Securities of any series under this Indenture which that shall have identical terms as other Securities of the Securities issued on the Issue Dateapplicable series of Securities, other than with respect to the date of issuance and issuance, issue price. The Securities issued , initial Interest Payment Date and amount of interest payable on the Issue initial Interest Payment Date applicable thereto and any Additional relevant transfer restrictions or registration rights. All Securities of any one series shall be treated as a single class for all purposes under this Indenture. With respect to any Additional additional Securities, the Company Issuer shall set forth in a resolution of the Board of Directors Resolution and in an Officers’ Certificate, Issuer Order or one or more supplemental indentures hereto, a copy of each of which shall be delivered to the Trustee, the following information: (1i) the aggregate principal amount of such Additional additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2ii) the issue price, the issue date and of issuance, the CUSIP number of such Additional additional Securities, the series of Securities under which such additional Securities shall be issued, 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; providedand (iii) any restrictions on transfer of such additional Securities. In addition, however, that no Additional Securities may be issued at a price that would cause such Additional Securities the Issuer shall deliver an Opinion of Counsel to have “original issue discount” within the meaning of Section 1273 Trustee as to (i) the conditions precedent to the issuance and authentication of the Code. Additional additional Securities may be issued with and (ii) due authorization, execution, delivery and enforceability of the same CUSIP number as the additional Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory (subject to the Trustee, to the effect that such Additional Securities will be fungible with the Securities issued on the Issue Date for all United States federal income tax purposescustomary enforceability exceptions).

Issuance of Additional Securities. The Company shall be entitled to issue Additional Securities under this Indenture which shall have identical terms as the Securities issued on the Issue Date, other than with respect to the date of issuance, issue price and amount of interest payable on the first payment date applicable thereto (and, if such Additional Securities shall be issued in the form of Exchange Securities, other than with respect to transfer restrictions); provided that such issuance and issue priceis not prohibited by Section 4.04. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities or Private Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the Company shall set forth in a resolution of the 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 Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and the CUSIP number of such Additional SecuritiesSecurities and the amount of interest payable on the first payment date applicable thereto; provided, however, that no Additional Securities may be issued at a price that would cause and (3) whether such Additional Securities to have “original issue discount” within shall be Restricted Securities and issued in the meaning form of Section 1273 Initial Securities or shall be registered securities issued in the form of the CodeUnrestricted Securities. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that such Additional Securities will be fungible with the Securities issued on the Issue Date for all United States federal income tax purposes.ARTICLE THREE

Issuance of Additional Securities. The Company shall be entitled Issuers may, subject to Section 4.10 hereof, and applicable law, issue Additional Securities under this Indenture which shall have identical terms as the Original Securities issued on the Issue Date, Date other than with respect to the date of issuance and issue price. The Securities issued on Original Securities, the Issue Date and Series B Securities, any Additional Securities and any Securities issued in exchange therefor or in replacement thereof shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the Company Issuers shall set forth in a resolution of the Board of Directors 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 Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and the CUSIP number of such Additional Securities, if any; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that ; and (3) whether such Additional Securities will shall be fungible with the Securities issued on the Issue Date for all United States federal income tax purposesTransfer Restricted Securities.

Issuance of Additional Securities. The After the Issue Date, the Company shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this Indenture Indenture, which Securities shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The All the Securities issued on the Issue Date and any Additional Securities 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. With respect to any Additional Securities, the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; andIndenture and the provision of Section 4.03 that the Company is relying on to issue such Additional Securities; (2) the issue price, the issue date and the CUSIP number of such Additional Securities, if any; provided, however, that no only those Additional Securities may be issued at a price that would cause such Additional Securities to have “original issue discount” within the meaning of Section 1273 are part of the Code. Additional “same issue” as all other Securities may 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) will be issued with the same CUSIP number as the other Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that under this Indenture; and (3) whether such Additional Securities will shall be fungible with issued in the form of Initial Securities as set forth in Exhibit 1 or shall be issued on in the Issue Date for all United States federal income tax purposes.form of Exchange Securities as set forth in Exhibit A.

Issuance of Additional Securities. The Company shall be entitled to issue Additional Securities under this Indenture which shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issuance, issue price, and amount of interest payable on the first payment date applicable thereto; provided that such issuance is not prohibited by Section 4.09. The Initial Securities issued on the Issue Date and any Additional Securities shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the Company shall set forth in a resolution of the its Board of Directors and an Officers’ Certificatein a Company Request, a copy of each of which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and the CUSIP number of such Additional SecuritiesSecurities and the amount of interest payable on the first payment date applicable thereto; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued Internal Revenue Code of 1986, as amended; and (3) any and all other terms of issuance with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory respect to the Trustee, to the effect that such Additional Securities will be fungible with Securities, including any terms which the Securities issued on the Issue Date for all United States federal income tax purposesBoard of Directors deems appropriate.

Issuance of Additional Securities. The Company shall be entitled entitled, subject to its compliance with Section 5.03, to issue Additional Securities under this Indenture Indenture, which shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance issuance, the date from which interest will accrue thereon, the issue price and issue pricethe amount of interest payable upon a registration default as provided under a registration rights agreement related thereto (and if such Additional Securities shall be issued in the form of Exchange Securities, other than with respect to transfer restrictions). The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities or Private Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and the CUSIP number numbers of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that ; and (3) whether such Additional Securities will shall be fungible with Transfer Restricted Securities (as defined in the Appendix hereto) and issued in the form of Initial Securities as set forth in the Appendix to this Indenture or shall be issued on in the Issue Date for all United States federal income tax purposes.form of Exchange Securities as set forth in Exhibit A.

Issuance of Additional Securities. The Company shall be entitled entitled, subject to its compliance with Section 4.04, to issue Additional Securities under this Indenture which shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance issuance, issue price and issue priceamount of interest payable on the first payment date applicable thereto. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities or Private Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the 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 prior to the Trustee's issuance of the Additional Securities, the following information: (1) the aggregate principal amount and CUSIP number of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, price and the issue date and the CUSIP number of such Additional SecuritiesSecurities and the amount of interest payable on the first payment date applicable thereto; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that ; and (3) whether such Additional Securities will shall be fungible with transfer restricted securities and issued in the form of Initial Securities as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued on in the Issue Date for all United States federal income tax purposesform of Exchange Securities as set forth in Exhibit A to the Appendix.

Issuance of Additional Securities. The After the Issue Date, the Company shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this Indenture Indenture, which Securities shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issue price, first payment of interest and rights under the Registration Rights Agreement dated June 14, 2006. The All the Securities issued on the Issue Date and any Additional Securities under this Indenture shall be treated as a single class for all purposes under of this Indenture, including waivers, amendments, redemptions and offers to purchase. With respect to any Additional Securities, the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; andIndenture and the provision of Section 4.03 that the Company is relying on to issue such Additional Securities; (2) the issue price, the issue date and date, the CUSIP number and the ISIN of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that ; and (3) whether such Additional Securities will shall be fungible with Initial Securities or shall be issued in the form of Exchange Securities issued on the Issue Date for all United States federal income tax purposes.as set forth in Exhibit A.

Issuance of Additional Securities. The After the Issue Date, the Company shall be entitled entitled, subject to its compliance with Section 4.04, to issue Additional Securities under this Indenture Indenture, which Securities shall have identical terms as the Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The All Securities issued on the Issue Date and under this Indenture (including any Additional Securities Securities) shall be treated as a single class for all purposes under of this Indenture, including waivers, amendments, redemptions and offers to purchase. With respect to any Additional Securities, the 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: (1) the series and the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and (2) the issue price, the issue date and the CUSIP number and ISIN, if any, of such Additional Securities; provided, however, that no if the Additional Securities may be issued at a price that would cause such are not fungible with the Securities for U.S. federal income tax purposes, the Additional Securities will have a separate CUSIP number. In addition to have “original issue discount” within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only ifforegoing, the Company shall have provided deliver to the Trustee a written order as described in Section 2.01, an Opinion of Counsel as to enforceability of the Additional Securities, together with an opinion Opinion of nationally recognized counsel, reasonably satisfactory Counsel that all conditions precedent to the Trustee, to issuance and authentication of the effect that such Additional Securities will be fungible with the Securities issued on the Issue Date for all United States federal income tax purposeshave been satisfied.

Issuance of Additional Securities. The Company shall be entitled to issue Additional Securities under this Indenture which shall have identical terms as the Securities issued on the Issue Date, other than with respect to the date of issuance, issue price and amount of interest payable on the first payment date applicable thereto (and, if such Additional Securities shall be issued in the form of Exchange Securities, other than with respect to transfer restrictions); provided that such issuance and issue priceis not prohibited by Section 4.04. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the Company shall set forth in a resolution of the 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 Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and the CUSIP number of such Additional SecuritiesSecurities and the amount of interest payable on the first payment date applicable thereto; provided, however, that no Additional Securities may be issued at a price that would cause and (3) whether such Additional Securities to have “original issue discount” within shall be Restricted Securities and issued in the meaning form of Section 1273 Initial Securities or shall be registered securities issued in the form of the CodeUnrestricted Securities. Additional Securities may be issued For avoidance of doubt, in connection with the same CUSIP number as the Securities issued on the Issue Date if, and only ifissuance of Additional Securities, the Company Trustee shall have provided be entitled to receive the Trustee with an opinion Officers’ Certificate and Opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that such Additional Securities will be fungible with the Securities issued on the Issue Date for all United States federal income tax purposesCounsel under Section 11.04.

Issuance of Additional Securities. The After the Issue Date, the Company shall be entitled entitled, subject to its compliance with Section 4.04, to issue Additional Securities under this Indenture Indenture, which Securities shall have identical terms as the Securities issued on the Issue Date, other than with respect to the date of issuance and issuance, issue price, interest accrual date and first interest payment date. The All Securities issued on the Issue Date and under this Indenture (including any Additional Securities Securities) shall be treated as a single class for all purposes under of this Indenture, including waivers, amendments, redemptions and offers to purchase. With respect to any Additional Securities, the 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: (1) the series and the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and (2) the issue price, the issue date and the CUSIP number and ISIN, if any, of such Additional Securities; provided, however, that no if the Additional Securities may be issued at a price that would cause such are not fungible with the Securities for U.S. federal income tax purposes, the Additional Securities will have a separate CUSIP number. In addition to have “original issue discount” within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only ifforegoing, the Company shall have provided deliver to the Trustee a written order as described in Section 2.01, an Opinion of Counsel as to enforceability of the Additional Securities, together with an opinion Opinion of nationally recognized counsel, reasonably satisfactory Counsel that all conditions precedent to the Trustee, to issuance and authentication of the effect that such Additional Securities will be fungible with the Securities issued on the Issue Date for all United States federal income tax purposeshave been satisfied.

Issuance of Additional Securities. The Company (a) After the Issue Date, the Issuer shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this Indenture Indenture, which Securities shall have identical terms as the Securities issued on the Issue DateOriginal Securities, other than with respect to the date of issuance and issuance, issue price, original interest accrual date and original interest payment date. The All the Securities issued on the Issue Date and any Additional Securities under this Indenture shall be treated as a single class for all purposes under this Indenture. , including waivers, amendments, supplements, redemptions and offers to purchase; provided, however, that in the event that any Additional Securities are not fungible with the Original Securities for U.S. Federal income tax purposes, such non-fungible Additional Securities shall be issued with a separate CUSIP or ISIN number so that they are distinguishable from the Original Securities. (b) With respect to any Additional Securities, the 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: (1i) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this IndentureIndenture and the provision of Section 4.03 that the Company is relying on to issue such Additional Securities; and (2ii) the issue price, the issue date and the CUSIP number of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that such Additional Securities will be fungible with the Securities issued on the Issue Date for all United States federal income tax purposes.

Issuance of Additional Securities. The Company shall be entitled to issue Additional Securities under this Indenture which shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities or Private Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and the CUSIP number of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that ; and (3) whether such Additional Securities will shall be fungible with Transfer Restricted Securities and issued in the form of Initial Securities as set forth in Exhibit A to the Appendix or shall be issued on in the Issue Date for all United States federal income tax purposesform of Exchange Securities as set forth in Exhibit B to the Appendix.

Issuance of Additional Securities. The After the Issue Date, the Company shall be entitled entitled, subject to its compliance with Section 4.04, to issue Additional Securities of any Series under this Indenture Indenture, which Securities shall have identical terms as the Securities of the applicable Series issued on ​ ​ ​ ​ 15 ​ ​ the Issue Date, other than with respect to the date of issuance and issuance, issue price, interest accrual date and first interest payment date. The Except as expressly provided for herein, all Securities of such Series issued on the Issue Date and under this Indenture (including any Additional Securities of such Series) shall be treated as a single class for all purposes under of this Indenture, including waivers, amendments, redemptions and offers to purchase. With respect to any Additional Securities, the 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: (1) the Series and the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and (2) the issue price, the issue date and the CUSIP number and ISIN, if any, of such Additional Securities; provided, however, that no if the Additional Securities may be issued at a price that would cause such are not fungible with the Securities of the applicable Series for U.S. federal income tax purposes, the Additional Securities will have a separate CUSIP number. In addition to have “original issue discount” within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only ifforegoing, the Company shall have provided deliver to the Trustee a written order as described in Section 2.01, an Opinion of Counsel as to enforceability of the Additional Securities, together with an opinion Opinion of nationally recognized counsel, reasonably satisfactory Counsel that all conditions precedent to the Trustee, to issuance and authentication of the effect that such Additional Securities will be fungible with the Securities issued on the Issue Date for all United States federal income tax purposeshave been satisfied.

Issuance of Additional Securities. The Company shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this Indenture which shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance issuance, issue price and issue priceamount of interest payable on the first payment date applicable thereto. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities or Private Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the 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 prior to the Trustee's issuance of the Additional Securities, the following information: (1) the aggregate principal amount and CUSIP number of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, price and the issue date and the CUSIP number of such Additional SecuritiesSecurities and the amount of interest payable on the first payment date applicable thereto; providedPROVIDED, howeverHOWEVER, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that ; and (3) whether such Additional Securities will shall be fungible with transfer restricted securities and issued in the form of Initial Securities as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued on in the Issue Date for all United States federal income tax purposesform of Exchange Securities as set forth in Exhibit A to the Appendix.

Issuance of Additional Securities. The Company shall be entitled to issue Additional Securities under this Indenture which shall have identical terms as the Securities issued on the Issue Date, other than with respect to the date of issuance and issuance, issue price, and amount of interest payable on the first payment date applicable thereto (and, if such Additional Securities shall be issued in the form of Exchange Securities, other than with respect to transfer restrictions); provided that such issuance is not prohibited by Section 3.09. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the Company shall set forth in a resolution of the its Board of Directors and an Officers’ Certificatein a Company Request, a copy of each of which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and the CUSIP number of such Additional SecuritiesSecurities and the amount of interest payable on the first payment date applicable thereto; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number Internal Revenue Code of 1986, as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that amended; (3) whether such Additional Securities will shall be fungible with Securities bearing the Private Placement Legend and issued in the form of Initial Securities or shall be Unrestricted Securities issued on in the Issue Date for form of Exchange Notes; and (4) any and all United States federal income tax purposes.other terms of indenture with respect to such Additional Securities, including any terms which the Board of Directors deems appropriate. ARTICLE THREE

Issuance of Additional Securities. The Company shall be entitled to issue Additional Securities under this Indenture which that shall have identical terms as the Securities issued on the Issue DateOriginal Securities, other than with respect to the date of issuance and issuance, issue price, and amount of interest payable on the first Interest Payment Date applicable thereto (and, if such Additional Securities shall be issued in the form of Transfer Restricted Securities, other than with respect to transfer restrictions, any registration rights and the liquidated damages associated therewith); provided that such issuance is not prohibited by Section 4.3. The Initial Securities issued on the Issue Date and any Additional Securities and all Exchange Securities shall be treated as a single class for all purposes under this Indenture. Any Additional Securities issued under this Indenture will rank pari passu in right of payment with the Original Securities. With respect to any Additional Securities, the Company shall set forth in a resolution of the its Board of Directors and an Officers’ Certificatein a written order of the Company, a copy of each of which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and date, the CUSIP number of such Additional Securities, 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; provided, however, that no Additional Securities may be issued at a price that would cause and (3) whether such Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional shall be Transfer Restricted Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that such Additional Securities will be fungible with the Securities issued on the Issue Date for all United States federal income tax purposesor Registered Securities.

Issuance of Additional Securities. The Company shall be entitled entitled, subject to its compliance with Section 4.07, to issue Additional Securities Notes under this Indenture which shall have identical terms as the Securities Initial Notes issued on the Issue Date, other than with respect to the date of issuance issuance, issue price and issue priceamount of interest payable on the first payment date applicable thereto. The Securities Initial Notes issued on the Issue Date and Date, any Additional Securities Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional SecuritiesNotes, the 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 Securities Notes to be authenticated and delivered pursuant to this Indenture; and; (2b) the issue price, price and the issue date and the CUSIP number of such Additional SecuritiesNotes and the amount of interest payable on the first payment date applicable thereto; provided, however, that no Additional Securities Notes may be issued at a price that would cause such Additional Securities Notes to have “"original issue discount” " within the meaning of Section 1273 of the Code. ; and (c) whether such Additional Notes shall be transfer restricted securities and issued in the form of Initial Securities may as set forth in this Indenture or shall be issued with in the same CUSIP number form of Exchange Securities as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that such Additional Securities will be fungible with the Securities issued on the Issue Date for all United States federal income tax purposes.set forth in Exhibit A.

Issuance of Additional Securities. The Company After the Issue Date, the Issuers shall be entitled entitled, subject to their compliance with Section 4.03, to issue Additional Securities under this Indenture Indenture, which Securities shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The All the Securities issued on the Issue Date and any Additional Securities 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. With respect to any Additional Securities, the Company each 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; andIndenture and the provision of Section 4.03 that the Issuers are relying on to issue such Additional Securities; (2) the issue price, price and the issue date date, and the CUSIP number of such Additional Securities, if any; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional Securities may not be issued fungible for U.S. Federal income tax purposes with the same CUSIP number as the any other Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that under this Indenture; and (3) whether such Additional Securities will shall be fungible with issued in the form of Initial Securities as set forth in Exhibit A or shall be issued on in the Issue Date for all United States federal income tax purposes.form of Exchange Securities as set forth in Exhibit B.

Issuance of Additional Securities. The After the Issue Date, the Company shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this Indenture Indenture, which Securities shall have identical terms as the Securities 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 All the Securities issued on the Issue Date and any Additional Securities 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 Securities are not fungible with the Securities for U.S. Federal income tax purposes, such nonfungible Additional Securities shall be issued with a separate CUSIP or ISIN number so that they are distinguishable from the Securities. With respect to any Additional Securities, the 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 Securities to be authenticated and delivered pursuant to this IndentureIndenture and the provision of Section 4.03 that the Company is relying on to issue such Additional Securities; and (2b) the issue price, the issue date and the CUSIP number of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause and (c) whether such Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional shall be Initial Securities may or shall be issued with in the same CUSIP number form of Exchange Securities as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that such Additional Securities will be fungible with the Securities issued on the Issue Date for all United States federal income tax purposesset forth in Exhibit B hereto.

Issuance of Additional Securities. The Company shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this Indenture which shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance issuance, issue price and issue priceamount of interest payable on the first payment date applicable thereto. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities or Private Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, price and the issue date and the CUSIP number of such Additional SecuritiesSecurities and the amount of interest payable on the first payment date applicable thereto; providedPROVIDED, howeverHOWEVER, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that ; and (3) whether such Additional Securities will shall be fungible with transfer restricted securities and issued in the form of Initial Securities as set forth in the Appendix to this Indenture or shall be issued on in the Issue Date for all United States federal income tax purposes.form of Exchange Securities as set forth in Exhibit A.

Issuance of Additional Securities. The After the Issue Date, the Company shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this Indenture Indenture, which Securities shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The All the Securities issued on the Issue Date and any Additional Securities 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. With respect to any Additional Securities, the Company shall set forth in a resolution of the Board of Directors and an Officers’ Certificate, and, if the Company so elects, a supplemental indenture, a copy of each of which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; andIndenture and the provision of Section 4.03 that the Company is relying on to issue such Additional Securities; (2) the issue price, the issue date and the CUSIP number of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional Securities may not be issued fungible for U.S. federal income tax purposes with the same CUSIP number as the any other Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that under this Indenture; and (3) whether such Additional Securities will shall be fungible with Initial Securities or shall be issued in the form of Exchange Securities issued on the Issue Date for all United States federal income tax purposes.as set forth in Exhibit A.

Issuance of Additional Securities. The Company Issuer shall be entitled ---------------------------------- entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this Indenture which shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance issuance, issue price and issue priceamount of interest payable on the first payment date applicable thereto. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities or Private Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the Company 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, price and the issue date and the CUSIP number of such Additional SecuritiesSecurities and the amount of interest payable on the first payment date applicable thereto; provided, however, that no Additional Securities may be issued at -------- ------- a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that ; and (3) whether such Additional Securities will shall be fungible with transfer restricted securities and issued in the form of Initial Securities as set forth in the Appendix to this Indenture or shall be issued on in the Issue Date for all United States federal income tax purposes.form of Exchange Securities as set forth in Exhibit A.

Issuance of Additional Securities. The Company shall ---------------------------------- be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this Indenture which shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities or Private Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and the CUSIP number of such Additional Securities; provided, however, that no Additional Securities may -------- ------- be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that ; and (3) whether such Additional Securities will shall be fungible with Transfer Restricted Securities and issued in the form of Initial Securities as set forth in the Appendix to this Indenture or shall be issued on in the Issue Date for all United States federal income tax purposes.form of Exchange Securities as set forth in Exhibit A.

Issuance of Additional Securities. The Company shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this Indenture which shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance issuance, issue price and issue priceamount of interest 41 33 payable on the first payment date applicable thereto. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities or Private Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, price and the issue date and the CUSIP number of such Additional SecuritiesSecurities and the amount of interest payable on the first payment date applicable thereto; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that ; and (3) whether such Additional Securities will shall be fungible with transfer restricted securities and issued in the form of Initial Securities as set forth in the Appendix to this Indenture or shall be issued on in the Issue Date for all United States federal income tax purposes.form of Exchange Securities as set forth in Exhibit A.

Issuance of Additional Securities. The Company shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this Indenture which shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance issuance, issue price and issue priceamount of interest payable on the first payment date applicable thereto. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities or Private Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and the CUSIP number of such Additional SecuritiesSecurities and the amount of interest payable on the first payment date applicable thereto; providedPROVIDED, howeverHOWEVER, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that ; and (3) whether such Additional Securities will shall be fungible with transfer restricted securities and issued in the form of Initial Securities as set forth in the Appendix to this Indenture or shall be issued on in the Issue Date for all United States federal income tax purposes.form of Exchange Securities as set forth in Exhibit A.

Issuance of Additional Securities. The Company After the Issue Date, the Issuer shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this Indenture in an unlimited principal amount, which Securities shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The All the Securities issued on the Issue Date and any Additional Securities 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. With respect to any Additional Securities, the Company Issuer 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; andIndenture and the provision of Section 4.03 that the Issuer is relying on to issue such Additional Securities; (2) the issue price, the issue date and the CUSIP number of such Additional Securities; provided, however, that no a separate CUSIP number will be issued for any Additional Securities may be issued at a price that would cause such unless the Securities and the Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that such Additional Securities will be are fungible with the Securities issued on the Issue Date for all United States U.S. federal income tax purposes, subject to the procedures of the Depository; and (3) whether such Additional Securities shall be Initial Securities or shall be issued in the form of Exchange Securities as set forth in Exhibit B to the Appendix.

Issuance of Additional Securities. The (a) After the Issue Date, the Company shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this Indenture Indenture, which Securities shall have identical terms as the Securities issued on the Issue DateOriginal Securities, other than with respect to the date of issuance and issuance, issue price, original interest accrual date and original interest payment date. The All the Securities issued on the Issue Date and any Additional Securities under this Indenture shall be treated as a single class for all purposes under this Indenture. , including waivers, amendments, supplements, redemptions and offers to purchase; provided, however, that in the event that any Additional Securities are not fungible with the Original Securities for U.S. Federal income tax purposes, such non-fungible Additional Securities shall be issued with a separate CUSIP or ISIN number so that they are distinguishable from the Original Securities. (b) With respect to any Additional Securities, the 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: (1i) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this IndentureIndenture and the provision of Section 4.03 that the Company is relying on to issue such Additional Securities; and (2ii) the issue price, the issue date and the CUSIP number of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause and (iii) whether such Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional shall be Initial Securities may or shall be issued with in the same CUSIP number form of Exchange Securities as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that such Additional Securities will be fungible with the Securities issued on the Issue Date for all United States federal income tax purposesset forth in Exhibit B hereto.

Issuance of Additional Securities. The Company shall be entitled to issue Additional Securities under this Indenture which that shall have identical terms as the Securities issued on the Issue DateOriginal Securities, other than with respect to the date of issuance and issuance, issue price, and amount and accrual of interest payable on the first Interest Payment Date applicable thereto (and, if such Additional Securities shall be issued in the form of Transfer Restricted Securities, other than with respect to transfer restrictions, any registration rights and the liquidated damages associated therewith); provided that such issuance is not prohibited by Section 4.3. The Initial Securities issued on the Issue Date and any Additional Securities and all Exchange Securities shall be treated as a single class for all purposes under this Indenture. Any Additional Securities issued under this Indenture will rank pari passu in right of payment with the Original Securities. With respect to any Additional Securities, the Company shall set forth in a resolution of the its Board of Directors and an Officers’ Certificatein a written order of the Company, a copy of each of which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and date, the CUSIP number of such Additional Securities, 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; provided, however, that no Additional Securities may be issued at a price that would cause and (3) whether such Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional shall be Transfer Restricted Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that such Additional Securities will be fungible with the Securities issued on the Issue Date for all United States federal income tax purposesor Registered Securities.

Issuance of Additional Securities. The Company shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this Indenture which shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities or Private Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and the CUSIP number of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that ; and (3) whether such Additional Securities will shall be fungible with Transfer Restricted Securities and issued in the form of Initial Securities as set forth in the Appendix to this Indenture or shall be issued on in the Issue Date for all United States federal income tax purposes.form of Exchange Securities as set forth in Exhibit A.

Issuance of Additional Securities. The Company shall be entitled to issue issue, from time to time, Additional Securities under this Indenture which shall have identical terms as the Initial Securities issued on the Issue DateDate or the Exchange Securities exchanged therefor (in each case, other than with respect to the date of issuance issuance, issue price and issue priceamount of interest payable on the first payment date applicable thereto), as the case may be. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the 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: (1i) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2ii) the issue price, the issue date and the CUSIP “CUSIP” and “ISIN” number of any such Additional Securities and the amount of interest payable on the first payment date applicable thereto; (iii) whether such Additional Securities shall be transfer restricted securities and issued in the form of Initial Securities as set forth in Exhibit A to this Indenture or shall be issued in the form of Exchange Securities as set forth in Exhibit B to this Indenture; and (iv) if applicable, the Restricted Period for such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that such Additional Securities will be fungible with the Securities issued on the Issue Date for all United States federal income tax purposes.

Issuance of Additional Securities. The Company shall be entitled entitled, subject to its compliance with Section 4.09(a), to issue Additional Securities under this Indenture which shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities or Private Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and the CUSIP number of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that ; and (3) whether such Additional Securities will shall be fungible with Transfer Restricted Securities and issued in the form of Initial Securities as set forth in the Appendix to this Indenture or shall be issued on in the Issue Date for all United States federal income tax purposes.form of Exchange Securities as set forth in Exhibit A. ARTICLE THREE

Issuance of Additional Securities. The Company shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this Indenture which shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities or Private Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and the CUSIP number and corresponding ISIN of such Additional Securities; providedPROVIDED, howeverHOWEVER, that no Additional Securities may be issued at a price that would cause unless such Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional Securities may be issued are fungible in all respects for U.S. Federal income tax purposes with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that then outstanding; and (3) whether such Additional Securities will shall be fungible with Transfer Restricted Securities and issued in the form of Initial Securities as set forth in the Appendix to this Indenture or shall be issued on in the Issue Date for all United States federal income tax purposes.form of Exchange Securities as set forth in Exhibit A.

Issuance of Additional Securities. The Company shall be entitled to issue Additional Securities under this Indenture which shall have identical terms as the Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The Securities issued on the Issue Date and any Additional Securities shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and (2) the issue price, the issue date and the CUSIP number of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the CodeCode if such Additional Securities would not be fungible for all United States federal income tax purposes with the Securities issued on the Issue Date. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion Opinion of nationally recognized counsel, reasonably satisfactory to the TrusteeCounsel, to the effect that such Additional Securities will be fungible with the Securities issued on the Issue Date for all United States federal income tax purposes.

Issuance of Additional Securities. The Company shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities (in an aggregate principal amount not to exceed $150,000,000) under this Indenture which shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and the CUSIP number of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that ; and (3) whether such Additional Securities will shall be fungible with Transfer Restricted Securities and issued in the form of Initial Securities as set forth in the Appendix to this Indenture or shall be issued on in the Issue Date for all United States federal income tax purposes.form of Exchange Securities as set forth in Exhibit A.

Issuance of Additional Securities. The After the Issue Date, the Company shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities from time to time under this Indenture Indenture, which Securities shall have identical terms and conditions as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issuance, the issue price, the first interest payment date and, in certain circumstances, the date from which interest will accrue. The All the Securities issued on the Issue Date and any Additional Securities under this Indenture shall be treated as a single class for all purposes under of this Indenture, including waivers, amendments, redemptions and offers to purchase. With respect to any Additional Securities, the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this IndentureIndenture and the provision of Section 4.03 that the Company is relying on to issue such Additional Securities; and (2) the issue price, the issue date of issuance, the first interest payment date, the date from which interest will accrue and the CUSIP number of such Additional Securities; provided, however, that no a separate CUSIP number will be issued for any Additional Securities may be issued at a price that would cause such unless the Securities and the Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that such Additional Securities will be are fungible with the Securities issued on the Issue Date for all United States U.S. federal income tax purposes.

Issuance of Additional Securities. The Company Issuer shall be entitled to issue issue, from time to time, Additional Securities under this Indenture which shall have identical terms as the Initial Securities issued on the Issue DateDate or the Exchange Securities exchanged therefor (in each case, other than with respect to the date of issuance issuance, issue price and issue priceamount of interest payable on the first payment date applicable thereto), as the case may be. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the Company 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: (1i) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2ii) the issue price, the issue date and the CUSIP number of any such Additional Securities and the amount of interest payable on the first payment date applicable thereto; (iii) whether such Additional Securities shall be transfer restricted securities and issued in the form of Initial Securities as set forth in Exhibit A to this Indenture or shall be issued in the form of Exchange Securities as set forth in Exhibit B to this Indenture; and (iv) if applicable, the Resale Restriction Termination Date and the Restricted Period for such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that such Additional Securities will be fungible with the Securities issued on the Issue Date for all United States federal income tax purposes.

Issuance of Additional Securities. The After the Issue Date, the Company shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this Indenture Indenture, which Securities shall have identical terms as the Securities issued on the Issue Date, other than with respect to the date of issuance issuance, issue price and, if applicable, initial interest accrual date and issue pricethe initial interest payment date. The All Securities issued on the Issue Date and under this Indenture (including any Additional Securities Securities) shall be treated as a single class for all purposes under of this Indenture, including waivers, amendments, redemptions and offers to purchase. With respect to any Additional SecuritiesSecurities (except for PIK Notes), the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and (2) the issue price, the issue date and the CUSIP number and ISIN, if any, of such Additional Securities; provided, however, that no if the Additional Securities may be issued at a price that would cause such Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that such Additional Securities will be are not fungible with the Securities issued on the Issue Date for all United States U.S. federal income tax purposes, the Additional Securities will have a separate CUSIP number. In addition to the foregoing, the Company shall deliver to the Trustee a written order as described in Section 2.02, an Opinion of Counsel (except in the case of PIK Notes) as to enforceability of the Additional Securities, together with an Opinion of Counsel (except in the case of PIK Notes) that all conditions precedent to the issuance and authentication of the Additional Securities have been satisfied.

Issuance of Additional Securities. The After the Issue Date, the Company shall be entitled entitled, subject to its compliance with Section 4.03 (except with respect to the issuance of PIK Notes in accordance with Exhibit A), to issue Additional Securities under this Indenture Indenture, which Securities shall have identical terms as the Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The All the Securities issued on the Issue Date and any Additional Securities 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. With respect to any Additional Securities, the Company shall set forth in a resolution resolutions of the Board of Directors and an Officers’ Certificate, a copy of each which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this IndentureIndenture and the provision of Section 4.03 that the Company is relying on to issue such Additional Securities; and (2) the issue price, the issue date and the CUSIP number of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that such Additional Securities will be fungible with the Securities issued on the Issue Date for all United States federal income tax purposes.

Issuance of Additional Securities. The Company shall be entitled entitled, subject to its compliance with the covenants contained in Section 4.04, to issue Additional Securities under this Indenture which shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance issuance, issue price and issue priceamount of interest payable on the first payment date applicable thereto (and, if such Additional Securities shall be issued in the form of Physical Securities or Global Securities, other than with respect to transfer restrictions). The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and date, the CUSIP and/or ISIN number of such Additional SecuritiesSecurities and the amount of interest payable on the first payment date applicable thereto; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number Internal Revenue Code of 1986, as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that such Additional Securities will be fungible with the Securities issued on the Issue Date for all United States federal income tax purposes.amended; and

Issuance of Additional Securities. The Company shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this 49 40 Indenture which shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities or Private Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and the CUSIP number of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that ; and (3) whether such Additional Securities will shall be fungible with Transfer Restricted Securities and issued in the form of Initial Securities as set forth in the Appendix to this Indenture or shall be issued on in the Issue Date for all United States federal income tax purposes.form of Exchange Securities as set forth in Exhibit A.

Issuance of Additional Securities. The Company After the Issue Date, the Issuer shall be entitled entitled, subject to its compliance with Section 4.03 and Section 4.13, to issue Additional Securities under this Indenture Indenture, which Securities shall have identical terms as the Securities 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 All the Securities issued on the Issue Date and any Additional Securities under this Indenture shall be treated as a single class for all purposes under of this Indenture, including waivers, amendments, redemptions and offers to purchase; provided, however, that in the event that any Additional Securities are not fungible with the Securities for U.S. Federal income tax purposes, such nonfungible Additional Securities shall be issued with a separate CUSIP or ISIN number so that they are distinguishable from the Securities. With respect to any Additional Securities, the Company Issuer 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 Securities to be authenticated and delivered pursuant to this IndentureIndenture and the provision of Section 4.03 and Section 4.13 that the Issuer is relying on to issue such Additional Securities; and (2b) the issue price, the issue date and the CUSIP number of such Additional Securities; provided, however, that no . In authenticating and delivering Additional Securities may be issued at a price that would cause such Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only ifSecurities, the Company Trustee shall have provided be entitled to receive and shall be fully protected in relying upon, the Trustee with an opinion Opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that such Additional Securities will be fungible with the Securities issued on the Issue Date for all United States federal income tax purposesCounsel and Officer’s Certificate required by Section 11.02.

Issuance of Additional Securities. The Company shall be entitled to issue issue, from time to time, Additional Securities under this Indenture which shall have identical terms as the Initial Securities issued on the Issue DateDate or the Exchange Securities exchanged therefor (in each case, other than with respect to the date of issuance issuance, issue price and issue priceamount of interest payable on the first payment date applicable thereto), as the case may be. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the 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: (1i) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2ii) the issue price, the issue date and the CUSIP "CUSIP" and "ISIN" number of any such Additional Securities and the amount of interest payable on the first payment date applicable thereto; (iii) whether such Additional Securities shall be transfer restricted securities and issued in the form of Initial Securities as set forth in Exhibit A to this Indenture or shall be issued in the form of Exchange Securities as set forth in Exhibit B to this Indenture; and (iv) if applicable, the Resale Restriction Termination Date for such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that such Additional Securities will be fungible with the Securities issued on the Issue Date for all United States federal income tax purposes.

Issuance of Additional Securities. The Company shall be entitled to issue Additional Securities under this Indenture which shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issuance, issue price, and amount of interest payable on the first payment date applicable thereto; provided that such issuance is not prohibited by Section 4.09. The Initial Securities issued on the Issue Date and any Additional Securities shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the Company shall set forth in a resolution of the its Board of Directors and an Officers’ Certificatein a Company Request, a copy of each of which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and the CUSIP number of such Additional SecuritiesSecurities and the amount of interest payable on the first payment date applicable thereto; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued Internal Revenue Code of 1986, as amended; and (3) any and all other terms of issuance with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory respect to the Trustee, to the effect that such Additional Securities will be fungible with Securities, including any terms which the Securities issued on the Issue Date for all United States federal income tax purposesBoard of Directors deems appropriate. ARTICLE THREE REDEMPTION [Reserved].

Issuance of Additional Securities. The Company shall be entitled to issue issue, from time to time, Additional Securities under this Indenture which shall have identical terms as the Initial Securities issued on the Issue DateDate or the Exchange Securities exchanged therefor (in each case, other than with respect to the date of issuance issuance, issue price and issue priceamount of interest payable on the first payment date applicable thereto), as the case may be. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the 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: (1i) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2ii) the issue price, the issue date and the CUSIP "CUSIP" and "ISIN" number of any such Additional Securities and the amount of interest payable on the first payment date applicable thereto; (iii) whether such Additional Securities shall be transfer restricted securities and issued in the form of Initial Securities as set forth in Exhibit A to this Indenture or shall be issued in the form of Exchange Securities as set forth in Exhibit B to this Indenture; and (iv) if applicable, the Resale Restriction Termination Date and the Restricted Period for such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that such Additional Securities will be fungible with the Securities issued on the Issue Date for all United States federal income tax purposes.

Issuance of Additional Securities. The Company shall be entitled to issue Additional Securities under this Indenture which shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issuance, issue price, and amount of interest payable on the first payment date applicable thereto; provided that such issuance is not prohibited by Section 4.09. The Initial Securities issued on the Issue Date and any Additional Securities shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the Company shall set forth in a resolution of the its Board of Directors and an Officers’ Certificatein a Company Request, a copy of each of which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and the CUSIP number of such Additional SecuritiesSecurities and the amount of interest payable on the first payment date applicable thereto; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional Securities may be issued Internal Revenue Code of 1986, as amended; and (3) any and all other terms of issuance with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory respect to the Trustee, to the effect that such Additional Securities will be fungible with Securities, including any terms which the Securities issued on the Issue Date for all United States federal income tax purposesBoard of Directors deems appropriate.

Issuance of Additional Securities. The After the Issue Date, the Company shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this Indenture Indenture, which Securities shall have identical terms as the Securities 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 All the Securities issued on the Issue Date and any Additional Securities under this Indenture shall be treated as a single class for all purposes under of this Indenture, including waivers, amendments, redemptions and offers to purchase; provided, however, that in the event that any Additional Securities are not fungible with the Securities for U.S. Federal income tax purposes, such nonfungible Additional Securities shall be issued with a separate CUSIP or ISIN number so that they are distinguishable from the Securities. With respect to any Additional Securities, the 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 Securities to be authenticated and delivered pursuant to this IndentureIndenture and the provision of Section 4.03 that the Company is relying on to issue such Additional Securities; and (2b) the issue price, the issue date and the CUSIP number of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause and (c) whether such Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional shall be Initial Securities may or shall be issued with in the same CUSIP number form of Exchange Securities as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that such Additional Securities will be fungible with the Securities issued on the Issue Date for all United States federal income tax purposesset forth in Exhibit B hereto.

Issuance of Additional Securities. The After the Issue Date, the Company shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this Indenture Indenture, which Securities shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The All the Securities issued on the Issue Date and any Additional Securities 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. With respect to any Additional Securities, the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; andIndenture and the provision of Section 4.03 that the Company is relying on to issue such Additional Securities; (2) the issue price, the issue date and the CUSIP number number, ISIN or “Common Code” number, as applicable, of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional Securities may not be issued fungible for U.S. federal income tax purposes with the same CUSIP number as the any other Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that under this Indenture; and (3) whether such Additional Securities will shall be fungible with Initial Securities or shall be issued in the form of Exchange Securities issued on the Issue Date for all United States federal income tax purposes.as set forth in Exhibit A.

Issuance of Additional Securities. The Company shall be entitled to issue Additional Securities under this Indenture which shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and and, if appropriate, the issue price. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities or Private Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and the CUSIP number of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause unless such Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional Securities may be issued are fungible in all respects for U.S. Federal income tax purposes with the same CUSIP number Securities then outstanding as the Securities issued on the Issue Date if, set forth in an Opinion of Counsel addressed to and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory delivered to the Trustee, to the effect that ; (3) whether such Additional Securities will shall be fungible Transfer Restricted Securities and issued in the form of Initial Securities as set forth in the Appendix to this Indenture or shall be issued in the form of Exchange Securities as set forth in Exhibit A; and (4) that the Company has complied with the Securities issued on the Issue Date for all United States federal income tax purposesthis Section 2.13.

Issuance of Additional Securities. The Company shall be entitled to issue Additional Securities under this Indenture which shall have identical terms as the Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The Securities issued on the Issue Date and any Additional Securities shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and (2) the issue price, the issue date and the CUSIP Common Code and ISIN number of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP Common Code and ISIN number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that such Additional Securities will be fungible with the Securities issued on the Issue Date for all United States federal income tax purposes.

Issuance of Additional Securities. The Company After the Closing Date, the Issuers shall be entitled to issue Additional Securities of any series under this Indenture in an unlimited aggregate principal amount, which Securities shall have identical terms as the Initial Securities of the same series issued on the Issue Closing Date, other than with respect to the date of issuance issuance, the issue price and issue pricethe date from which interest thereon will begin to accrue. The With respect to each series of Securities, the Original Securities issued on the Issue Date and of such series, any Additional Securities of such series and all Exchange Securities of such series issued in exchange therefor shall be treated as a single class for all purposes under this IndentureIndenture including waivers, amendments, redemptions and offers to purchase. With respect to any Additional Securities, the Company each 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: (1) the series and the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and the CUSIP number of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that ; and (3) whether such Additional Securities will shall be fungible with Initial Securities or shall be issued in the Securities issued on the Issue Date for all United States federal income tax purposesform of Exchange Securities.

Issuance of Additional Securities. The Company shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this Indenture which shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issue price; provided, however, that the maximum aggregate principal amount of Additional Securities issued by the Company shall not exceed the result of (x) Euro 250.0 million less (y) the aggregate principal amount (on a Euro Equivalent basis) of any 2010 Senior Notes issued by the Company that are not Issue Date 2010 Senior Notes. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities or Private Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and the CUSIP number, ISIN number and Common Code number of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that ; and (3) whether such Additional Securities will shall be fungible with Transfer Restricted Securities and issued in the form of Initial Securities as set forth in the Appendix to this Indenture or shall be issued on in the Issue Date for all United States federal income tax purposes.form of Exchange Securities as set forth in Exhibit A.

Issuance of Additional Securities. The After the Issue Date, the Company shall be entitled entitled, subject to its compliance with Section 4.04, to issue Additional Securities under this Indenture in an unlimited aggregate principal amount, which Securities shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including waivers, amendments, redemptions and offers to purchase. With respect to any Additional Securities, the Company shall set forth in a resolution Board 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; andIndenture and the provision of Section 4.04 that the Company is relying on to issue such Additional Securities; (2) the issue price, the issue date and the CUSIP number of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that such Additional Securities will be if they are fungible with the other Securities issued on the Issue Date under this Indenture for all United States federal income tax purposes.; and (3) whether such Additional Securities shall be Initial Securities or shall be issued in the form of Exchange Securities as set forth in Exhibit 2 to Appendix A.

Issuance of Additional Securities. The Company Issuers shall be entitled to issue Additional Securities under this Indenture which shall have identical terms as the Securities issued on the Issue Date, other than with respect to the date of issuance, issue price and amount of interest payable on the first payment date applicable thereto (and, if such Additional Securities shall be issued in the form of Exchange Securities, other than with respect to transfer restrictions); provided that such issuance and issue priceis not prohibited by Section 4.04. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the Company Issuers shall set forth in a resolution of the 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 Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and the CUSIP number of such Additional SecuritiesSecurities and the amount of interest payable on the first payment date applicable thereto; provided, however, that no Additional Securities may be issued at a price that would cause and (3) whether such Additional Securities to have “original issue discount” within shall be Restricted Securities and issued in the meaning form of Section 1273 Initial Securities or shall be registered securities issued in the form of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that such Additional Securities will be fungible with the Securities issued on the Issue Date for all United States federal income tax purposesUnrestricted Securities.

Issuance of Additional Securities. The Company shall be entitled Issuer may, subject to Section 4.10 hereof, and applicable law, issue Additional Securities under this Indenture which shall have identical terms as the Original Securities issued on the Issue Date, Date other than with respect to the date of issuance and issue price. The Securities issued on Original Securities, the Issue Date and Series B Securities, any Additional Securities and any Securities issued in exchange therefor or in replacement thereof shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the Company Issuer shall set forth in a resolution of the Board of Directors 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 Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and the CUSIP number (if then generally in use) of such Additional Securities, if any; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that ; and (3) whether such Additional Securities will shall be fungible Transfer Restricted Securities. Such Officers’ Certificate shall certify that the issuance of such Additional Securities complies with the Securities issued on the Issue Date for all United States federal income tax purposesSection 4.10 hereof.

Issuance of Additional Securities. The Company shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this Indenture which shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities or Private Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and the CUSIP number of such Additional Securities; providedPROVIDED, howeverHOWEVER, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that ; and (3) whether such Additional Securities will shall be fungible with Transfer Restricted Securities and issued in the form of Initial Securities as set forth in the Appendix to this Indenture or shall be issued on in the Issue Date for all United States federal income tax purposes.form of Exchange Securities as set forth in Exhibit A.

Issuance of Additional Securities. The Company shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this Indenture which shall have identical terms and the same CUSIP numbers as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities or Private Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and the CUSIP number of such Additional Securities; providedPROVIDED, howeverHOWEVER, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that ; and (3) whether such Additional Securities will shall be fungible with Transfer Restricted Securities and issued in the form of Initial Securities as set forth in the Appendix to this Indenture or shall be issued on in the Issue Date for all United States federal income tax purposes.form of Exchange Securities as set forth in Exhibit A. Article 3

Issuance of Additional Securities. The After the Issue Date, the Company shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this Indenture Indenture, which Securities shall have identical terms as the Securities issued on the Issue DateInitial Securities, other than with respect to the date of issuance and issue price. The All the Securities issued on the Issue Date and any Additional Securities under this Indenture shall be treated as a single class for all purposes of this Indenture, including waivers, amendments, redemptions and offers to purchase, except that (i) Additional Securities that do not have the same transfer restrictions as other Securities may be assigned a separate “CUSIP” number and (ii) a separate “CUSIP” number will be issued for Additional Securities that are not fungible for U.S. federal income tax purposes with any other Securities issued under this Indenture. With respect to any Additional Securities, the Company shall set forth in a resolution of the Board of Directors and an Officers’ Certificate, and, if the Company so elects, a supplemental indenture, a copy of each of which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this IndentureIndenture and the provision of Section 4.03 that the Company is relying on to issue such Additional Securities; and (2) the issue price, the issue date and the CUSIP “CUSIP” number of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that such Additional Securities will be fungible with the Securities issued on the Issue Date for all United States federal income tax purposes.

Issuance of Additional Securities. The Company shall be entitled to issue Additional Securities under this Indenture which shall have identical terms as the Securities issued on the Issue Date, other than with respect to the date of issuance, issue price and amount of interest payable on the first payment date applicable thereto (and, if such Additional Securities shall be issued in the form of Exchange Securities, other than with respect to transfer restrictions); provided that such issuance and issue priceis not prohibited by Section 4.04. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities or Private Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the Company shall set forth in a resolution of the 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 Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and the CUSIP number of such Additional SecuritiesSecurities and the amount of interest payable on the first payment date applicable thereto; provided, however, that no Additional Securities may be issued at a price that would cause and (3) whether such Additional Securities to have “original issue discount” within shall be Restricted Securities and issued in the meaning form of Section 1273 Initial Securities or shall be registered securities issued in the form of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that such Additional Securities will be fungible with the Securities issued on the Issue Date for all United States federal income tax purposesUnrestricted Securities.

Issuance of Additional Securities. The Company shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this Indenture which shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and and, if appropriate, the issue price. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities or Private Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and the CUSIP number and corresponding ISIN of such Additional Securities; providedPROVIDED, howeverHOWEVER, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “"original issue 38 discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that ; and (3) whether such Additional Securities will shall be fungible with Transfer Restricted Securities and issued in the form of Initial Securities as set forth in the Appendix to this Indenture or shall be issued on in the Issue Date for all United States federal income tax purposes.form of Exchange Securities as set forth in Exhibit A.

Issuance of Additional Securities. The Company (a) After the Issue Date, the Issuer shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this Indenture Indenture, which Securities shall have identical terms as the Securities issued on the Issue DateOriginal Securities, other than with respect to the date of issuance and issuance, issue price, original interest accrual date and original interest payment date. The All the Securities issued on the Issue Date and any Additional Securities under this Indenture shall be treated as a single class for all purposes under this Indenture. , including waivers, amendments, supplements, redemptions and offers to purchase; provided, however, that in the event that any Additional Securities are not fungible with the Original Securities for U.S. Federal income tax purposes, such non-fungible Additional Securities shall be issued with a separate CUSIP or ISIN number so that they are distinguishable from the Original Securities. (b) With respect to any Additional Securities, the 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: (1i) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this IndentureIndenture and the provision of Section 4.03 that the Company is relying on to issue such Additional Securities; and (2ii) the issue price, the issue date and the CUSIP number of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “original issue discount” within the meaning . Table of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that such Additional Securities will be fungible with the Securities issued on the Issue Date for all United States federal income tax purposes.Contents

Issuance of Additional Securities. The Company shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this Indenture which shall have identical terms as the Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities or Private Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and the CUSIP number of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that ; and (3) whether such Additional Securities will shall be fungible with Transfer Restricted Securities and issued in the form of Initial Securities as set forth in the Appendix to this Indenture or shall be issued on in the Issue Date for all United States federal income tax purposes.form of Exchange Securities as set forth in Exhibit A.

Issuance of Additional Securities. The Company After the Issue Date, the Issuer shall be entitled entitled, subject to its compliance with Section 4.04, to issue Additional Securities under this Indenture in an unlimited aggregate principal amount, which Securities shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including waivers, amendments, redemptions and offers to purchase. With respect to any Additional Securities, the Company Issuer shall set forth in a resolution Board Resolution of the Board of Directors of the Issuer and an Officers’ CertificateCertificate of the Issuer, a copy of each which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; andIndenture and the provision of Section 4.04 that the Issuer is relying on to issue such Additional Securities; (2) the issue price, the issue date and the CUSIP number of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that such Additional Securities will be if they are fungible with the other Securities issued on the Issue Date under this Indenture for all United States federal income tax purposes.; and

Issuance of Additional Securities. The After the Issue Date, the Company shall be entitled entitled, subject to its compliance with Sections 4.03 and 4.09, to issue Additional Securities under this Indenture Indenture, which Securities shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The All the Securities issued on the Issue Date and any Additional Securities 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. With respect to any Additional Securities, the Company shall set forth in a resolution of the Board of Directors and an Officers’ Certificate' Certificate and, if the Company so elects, a supplemental indenture, a copy of each which shall be delivered to the Trustee, the following information: (1) the The aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; andIndenture and the provision of Sections 4.03 and 4.09 that the Company is relying on to issue such Additional Securities; (2) the The issue price, the issue date and the CUSIP number of such Additional Securities; provided, however, that no in the event that any Additional Securities may be issued at a price that would cause are not fungible with any Securities then outstanding for U.S. Federal income tax purposes, such Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that such nonfungible Additional Securities will be fungible issued with a separate CUSIP or ISIN number so that they are distinguishable from the Securities then oustanding; and (3) Whether such Additional Securities shall be Initial Securities or shall be issued on in the Issue Date for all United States federal income tax purposesform of Exchange Securities as set forth in the Appendix.

Issuance of Additional Securities. The After the Closing Date, the Company shall be entitled entitled, subject to its compliance, at the time of and after giving effect to such issuance, with Section 4.03 and Section 4.09, to issue Additional Securities of any series under this Indenture Indenture, which Securities shall have identical terms as the applicable series of Initial Securities issued on the Issue Closing Date, other than with respect to the date of issuance and issue price. The All the Securities issued on the Issue Date and any Additional Securities under this Indenture shall be treated as a single class for all purposes of this Indenture; provided, however, that in respect of any amendment, waiver, other modification or optional redemption by the Company that affects only one series of the Securities, such affected series of Securities shall be treated as a single class under this Indenture. With respect to any Additional Securities, the 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 TrusteeTrustee (along with a copy of the resolutions of the Board of Directors authorizing the Additional Securities), the following information: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; andIndenture and the provision of Section 4.03 that the Company is relying on to issue such Additional Securities; (2) the issue price, the issue date and date, the CUSIP number and ISIN of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that ; and (3) whether such Additional Securities will shall be fungible with Initial Securities or shall be issued in the form of Exchange Securities issued on the Issue Date for all United States federal income tax purposesas set forth in Exhibit 2.

Issuance of Additional Securities. The Company shall be entitled to issue Additional Securities under this Indenture which shall have identical terms (including, without limitation, the same Conversion Price) as the Securities issued on the Issue Date, other than with respect to the date of issuance and issuance, issue price, and amount of interest payable on the first payment date applicable thereto . The Initial Securities issued on the Issue Date and any Additional Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, security, interests, waivers, amendments and offers to purchase. With respect to any Additional Securities, the Company shall set forth in a resolution of the its Board of Directors and an Officers’ Certificatein a Company Request, a copy of each of which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and the CUSIP number of such Additional SecuritiesSecurities and the amount of interest payable on the first payment date applicable thereto; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number Internal Revenue Code of 1986, as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect amended; (3) that such Additional Securities will shall be fungible Securities bearing the Private Placement Legend and issued in the form of Initial Securities; and (4) any and all other terms of indenture with respect to such Additional Securities, including any terms which the Securities issued on the Issue Date for all United States federal income tax purposes.Board of Directors deems appropriate. ARTICLE THREE

Issuance of Additional Securities. The After the Issue Date, the Company shall will be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this Indenture Indenture, which Securities shall have identical terms as the Securities 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 Securities may not have the benefit of registration rights. The All the Securities issued on the Issue Date and any Additional Securities 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 Securities are not fungible with the Securities for U.S. Federal income tax purposes, such nonfungible Additional Securities shall be issued with a separate CUSIP or ISIN number so that they are distinguishable from the Securities. With respect to any Additional Securities, the Company shall will 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 Securities to be authenticated and delivered pursuant to this IndentureIndenture and the provision of Section 4.03 that the Company is relying on to issue such Additional Securities; and (2b) the issue price, the issue date and the CUSIP number of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause and whether such Additional Securities to have “original issue discount” within the meaning benefit of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that registration rights; and (c) whether such Additional Securities will shall be fungible with Initial Securities or shall be issued in the form of Exchange Securities issued on the Issue Date for all United States federal income tax purposesas set forth in Exhibit B hereto.

Issuance of Additional Securities. The Company shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this Indenture which shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance issuance, issue price and issue priceamount of interest payable on the first payment date applicable thereto. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities or Private Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, price and the issue date and the CUSIP number of such Additional SecuritiesSecurities and the amount of interest payable on the first payment date applicable thereto; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that ; and (3) whether such Additional Securities will shall be fungible with transfer restricted securities and issued in the form of Initial Securities as set forth in the Appendix and Exhibit 1 thereof or shall be issued on in the Issue Date for all United States federal income tax purposesform of Exchange Securities as set forth in the Appendix and Exhibit 2 thereof.

Issuance of Additional Securities. The Company shall be entitled to issue Additional Securities under this Indenture indenture which shall have identical terms as the Securities issued on the Issue DateAugust 24, 1999, other than with respect to the date of issuance issuance, issue price and issue price. The Securities issued amount of interest payable on the Issue Date and any first payment date applicable thereto (and, if such Additional Securities shall be treated as a single class for all purposes under this Indentureissued in the form of Series B Securities, other than with respect to transfer restrictions); provided, that such issuance is not prohibited by Section 4.04. With respect to any Additional Securities, the Company shall set forth in a resolution of the Board of Directors 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 such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2B) the issue price, the issue date and the CUSIP number of such Additional SecuritiesSecurities and the amount of interest payable on the first payment date applicable thereto; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued with Internal Revenue Code of 1986, as amended, different than the same CUSIP number as "original issue discount" applicable to the Series A Securities issued on the Issue Date ifAugust 24, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that 1999; and (C) whether such Additional Securities will shall be fungible with transfer restricted securities and issued in the form of Series A Securities or shall be registered securities issued on in the Issue Date for all United States federal income tax purposes.form of Series B Securities. ARTICLE THREE

Issuance of Additional Securities. The After the Issue Date, the Company shall be entitled entitled, subject to its compliance with Section 4.04, to issue Additional Securities under this Indenture Indenture, which Securities shall have identical terms as the Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The All Securities issued on the Issue Date and under this Indenture (including any Additional Securities Securities) shall be treated as a single class for all purposes under of this Indenture, including waivers, amendments, redemptions and offers to purchase. With respect to any Additional Securities, the Company shall set forth in a resolution of the its Board of Directors and an Officers’ Certificate, a copy of each which shall be delivered to the Trustee, the following information: (1) the series and the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and (2) the issue price, the issue date and the CUSIP number and ISIN, if any, of such Additional Securities; provided, however, that no if the Additional Securities may be issued at a price that would cause such Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that such Additional Securities will be are not fungible with the Securities issued on the Issue Date for all United States U.S. federal income tax purposes, the Additional Securities will have a separate CUSIP number. In addition to the foregoing, the Company shall deliver to the Trustee a written order as described in Section 2.02, an Opinion of Counsel as to enforceability of the Additional Securities, together with an Opinion of Counsel that all conditions precedent to the issuance and authentication of the Additional Securities have been satisfied.

Issuance of Additional Securities. The Company shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this Indenture which shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities or Private Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. 49 With respect to any Additional Securities, the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and the CUSIP number of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that ; and (3) whether such Additional Securities will shall be fungible with Transfer Restricted Securities and issued in the form of Initial Securities as set forth in the Appendix to this Indenture or shall be issued on in the Issue Date for all United States federal income tax purposes.form of Exchange Securities as set forth in Exhibit A.

Issuance of Additional Securities. The After the Issue Date, the Company shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this Indenture Indenture, which Securities shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The All the Securities issued on the Issue Date and any Additional Securities 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. With respect to any Additional Securities, the Company shall set forth in a resolution of the Board of Directors and an Officers’ Certificate, and, if the Company so elects, a supplemental indenture, a copy of each of which shall be delivered to the Trustee, the following information: : (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this IndentureIndenture and the provision of Section 4.03 that the Company is relying on to issue such Additional Securities; and (2) the issue price, the issue date and the CUSIP number of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that such Additional Securities will not be fungible with the Securities issued on the Issue Date for all United States U.S. federal income tax purposes.purposes with any other Securities issued under this Indenture; and

Issuance of Additional Securities. The Company After the Issue Date, the Issuer shall be entitled entitled, subject to its compliance with Section 4.04, to issue Additional Securities under this Indenture which shall have identical terms as the Securities issued on the Issue Datein an unlimited aggregate principal amount, other than with respect to the date of issuance and issue price. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including waivers, amendments, redemptions and offers to purchase. To the extent that any Additional Securities and all Exchange Securities are issued at a discount to their stated redemption price at maturity, each group of Additional Securities and Exchange Securities bearing a given amount of original issue discount shall be treated as a separate series only for purposes of the transfer and exchange provisions of Section 2.06. With respect to any Additional Securities, the Company Issuer shall set forth in a resolution Board Resolution of the Board of Directors of the Issuer and an Officers’ CertificateCertificate of the Issuer, a copy of each which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; andIndenture and the provision of Section 4.04 that the Issuer is relying on to issue such Additional Securities; (2) the issue price, the issue date and the CUSIP number of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause and (3) whether such Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional shall be Initial Securities may or shall be issued with in the same CUSIP number form of Exchange Securities as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory set forth in Exhibit 2 to the Trustee, to the effect that such Additional Securities will be fungible with the Securities issued on the Issue Date for all United States federal income tax purposes.Appendix A.

Issuance of Additional Securities. The After the Closing Date, the Company shall be entitled entitled, subject to its compliance, at the time of and after giving effect to such issuance, with Section 4.03 and Section 4.09, to issue Additional Securities of any series under this Indenture Indenture, which Securities shall have identical terms as the applicable series of Initial Securities issued on the Issue Closing Date, other than with respect to the date of issuance and issue price. The All the Securities issued on the Issue Date and any Additional Securities under this Indenture shall be treated as a single class for all purposes of this Indenture; provided, however, that in respect of any amendment, waiver, other modification or optional redemption by the Company that affects only one series of the Securities, such affected series of Securities shall be treated as a single class under this Indenture. With respect to any Additional Securities, the 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 TrusteeTrustee (along with a copy of the Resolutions of the Board of Directors authorizing the Additional Securities), the following information: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; andIndenture and the provision of Section 4.03 that the Company is relying on to issue such Additional Securities; (2) that such Additional Securities may be designated Other Pari Passu Lien Obligations in accordance with Section 4.09; (3) the issue price, the issue date and date, the CUSIP number and ISIN of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that ; and (4) whether such Additional Securities will shall be fungible with Initial Securities or shall be issued in the form of Exchange Securities issued on the Issue Date for all United States federal income tax purposes.as set forth in Exhibit A.

Issuance of Additional Securities. The Company shall be entitled to issue Additional Securities under this Indenture which shall have identical terms as the Securities issued on the Issue Date, other than with respect to the date of issuance issuance, issue price and issue price. The Securities issued amount of interest payable on the Issue Date and any first payment date applicable thereto (and, if such Additional Securities shall be treated as a single class for all purposes under this Indentureissued in the form of Exchange Securities, other than with respect to transfer restrictions); provided that such issuance is not prohibited by Section 4.04. With respect to any Additional Securities, the Company shall set forth in a resolution of the Board of Directors 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 such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2B) the issue price, the issue date and the CUSIP number of such Additional SecuritiesSecurities and the amount of interest payable on the first payment date applicable thereto; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued with Internal Revenue Code of 1986, as amended, different than the same CUSIP number as "original issue discount" applicable to the Initial Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that Date; and (C) whether such Additional Securities will shall be fungible with issued in the form of Initial Securities or shall be issued on in the Issue Date for all United States federal income tax purposesform of Exchange Securities.

Issuance of Additional Securities. The Company shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this Indenture which shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance issuance, issue price and issue priceamount of interest payable on the first payment date applicable thereto. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities or Private Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and the CUSIP number of such Additional SecuritiesSecurities and the amount of interest payable on the first payment date applicable thereto; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that ; and (3) whether such Additional Securities will shall be fungible with transfer restricted securities and issued in the form of Initial Securities as set forth in the Appendix to this Indenture or shall be issued on in the Issue Date for all United States federal income tax purposes.form of Exchange Securities as set forth in Exhibit A.

Issuance of Additional Securities. The Company shall be entitled --------------------------------- entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this Indenture which shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities or Private Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and the CUSIP number of such Additional Securities; provided, however, that no Additional Securities may -------- ------- be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that ; and (3) whether such Additional Securities will shall be fungible with Transfer Restricted Securities and issued in the form of Initial Securities as set forth in the Appendix to this Indenture or shall be issued on in the Issue Date for all United States federal income tax purposes.form of Exchange Securities as set forth in Exhibit A.

Issuance of Additional Securities. The After the Issue Date, the Company shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this Indenture Indenture, which Securities shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The Securities issued on and the Issue Date and any Additional Securities Securities, if any, shall be treated as a single class for all purposes under of this Indenture, including waivers, amendments, redemptions and offers to purchase; provided, however, that in the event that any Additional Securities are not fungible with the Securities for U.S. Federal income tax purposes, such nonfungible Additional Securities shall be issued with a separate CUSIP or ISIN number so that they are distinguishable from the Securities. With respect to any Additional Securities, the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; andIndenture and the provision of Section 4.03 that the Company is relying on to issue such Additional Securities; (2) the issue price, the issue date and the CUSIP number of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause and (3) whether such Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional shall be Initial Securities may or shall be issued with in the same CUSIP number form of Exchange Securities as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that such Additional Securities will be fungible with the Securities issued on the Issue Date for all United States federal income tax purposes.set forth in Exhibit A.

Issuance of Additional Securities. The Company shall be entitled entitled, subject to its compliance with Section 4.03, to issue Additional Securities under this Indenture which shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities or Private Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and the CUSIP CUSIP, ISIN or Common Code number of such Additional Securities; provided, howeverHOWEVER, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that ; and (3) whether such Additional Securities will shall be fungible with Transfer Restricted Securities and issued in the form of Initial Securities as set forth in the Appendix to this Indenture or shall be issued on in the Issue Date for all United States federal income tax purposes.form of Exchange Securities as set forth in Exhibit A.

Issuance of Additional Securities. The After the Issue Date, the Company shall be entitled entitled, subject to its compliance with Sections 4.03 and 4.10, to issue Additional Securities under this Indenture Indenture, which Securities shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The All the Securities issued on the Issue Date and any Additional Securities 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. With respect to any Additional Securities, the 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: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; andIndenture and the provision of Section 4.03 that the Company is relying on to issue such Additional Securities; (2) the issue price, the issue date and the CUSIP number of such Additional Securities, if any; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that ; and (3) whether such Additional Securities will shall be fungible with issued in the form of Initial Securities as set forth in Exhibit 1 to the Appendix or shall be issued on in the Issue Date for all United States federal income tax purposes.form of Exchange Securities as set forth in Exhibit A.

Issuance of Additional Securities. The Company shall be entitled entitled, subject to its compliance with Section 10.08, to issue Additional Securities under this Indenture which shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the Company shall set forth in a resolution of the its Board of Directors and an Officers’ ' Certificate, a copy of each which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture; and; (2) the issue price, the issue date and the CUSIP number of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “"original issue discount” " within the meaning of Section 1273 of the Code. Additional Securities may be issued with the same CUSIP number as the Securities issued on the Issue Date if, and only if, the Company shall have provided the Trustee with an opinion of nationally recognized counsel, reasonably satisfactory to the Trustee, to the effect that ; and (3) whether such Additional Securities will shall be fungible with subject to restrictions on transfer and issued in the form of Initial Securities issued on the Issue Date for all United States federal income tax purposesas set forth in Exhibit A-1 or Exchange Securities as set forth in Exhibit A-2.