Common use of Notes in Global Form Clause in Contracts

Notes in Global Form. Notes issued as a Global Note shall represent such of the outstanding Notes as shall be specified therein and may provide that it shall represent the aggregate principal amount of outstanding Notes from time to time endorsed thereon or otherwise notated on the books and records of the Registrar and that the aggregate principal amount of outstanding Notes represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges and redemptions. Any endorsement of a Global Note to reflect the aggregate principal amount of any increase or decrease in the amount of outstanding Notes represented thereby shall be made by the Trustee in such manner and upon instructions given by the Holder thereof. Global Notes may be issued in either registered or bearer form and in either temporary or permanent form. Permanent Global Notes will be issued in definitive form. The provisions of the last sentence of Section 2.02 hereof shall apply to any Note represented by a Global Note if such Note was never issued and sold by the Company, and the Company delivers to the Trustee the Note in global form together with written instructions with regard to the reduction in the principal amount of Notes represented thereby, together with the written statement contemplated by the last sentence of Section 2.02 hereof. Notwithstanding the provisions of this Section 2.03 and Section 2.14 hereof, payment of principal of and any interest on any Global Note shall be made to the Person or Persons specified therein. None of the Company, the Trustee, any Paying Agent or Registrar will have any responsibility or liability for any aspect of the records relating to, or payments made on account of, beneficial ownership interests of a Global Note or for maintaining, supervising or reviewing any records relating to such beneficial ownership interests.

Notes in Global Form. (a) If Notes issued are issuable in global form, as a Global contemplated by Section 3.01, such Note shall represent such of the outstanding Outstanding Notes as shall be specified therein and may provide that it shall represent the aggregate principal amount of outstanding Outstanding Notes from time to time endorsed thereon or otherwise notated on the books and records of the Registrar and that the aggregate principal amount of outstanding Outstanding Notes represented thereby may from time to time be reduced or increased, as appropriate, increased to reflect exchanges and redemptionsexchanges. Any endorsement of a Global Note in global form to reflect the aggregate principal amount of amount, or any increase or decrease in the amount amount, of outstanding Outstanding Notes represented thereby shall be made by the Trustee in such manner and upon instructions given by such Person or Persons as shall be specified therein or in the Holder thereofIssuers’ Order to be delivered to the Trustee pursuant to Section 3.02 or Section 3.03. Global Notes may be issued Subject to the provisions of Section 3.02 and, if applicable, Section 3.03, the Trustee shall deliver and redeliver any Note in either registered or definitive global bearer form in the manner and upon written instructions given by the Person or Persons specified therein or in either temporary the applicable Issuers’ Order. If Issuers’ Order pursuant to Section 3.02 or permanent form. Permanent Global Notes will 3.03 has been, or simultaneously is, delivered, any instructions by the Issuers with respect to endorsement or delivery or redelivery of a Note in global form shall be issued in definitive form. writing but need not comply with Section 2.02 and need not be accompanied by an Opinion of Counsel. (b) The provisions of the last sentence of Section 2.02 hereof 3.02(e) shall apply to any Note represented by a Global Note in global form if such Note was never issued and sold by the Company, Issuers and the Company delivers Issuers deliver to the Trustee the Note in global form together with written instructions (which need not comply with Section 2.02 and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount of Notes represented thereby, together with the written statement contemplated by the last sentence of Section 2.02 hereof. 3.02(e). (c) Notwithstanding the provisions of this Section 2.03 and 3.06, unless otherwise specified as contemplated by Section 2.14 hereof3.11, payment of principal of and any premium and any interest on any Global Note in definitive global form shall be made to the Person or Persons specified therein. None . (d) Notwithstanding the provisions of Section 3.07 and except as provided in the preceding paragraph, the Issuers, and any agent of the CompanyIssuers may, and the Trustee and any agent of the Trustee, at the direction of the Issuers, may treat a Person as the Holder of such principal amount of Outstanding Notes represented by a definitive global Note as shall be specified in a written statement of the Holder of such definitive global Note or, in the case of a definitive global Note in bearer form, of Euroclear or Clearstream, Luxembourg which is produced to the Trustee by such Person; provided, however, that none of the Issuers, the Trustee, the Note Registrar or any Paying Agent or Registrar will shall have any responsibility or liability for any aspect of the records relating to, to or payments made on account of, of beneficial ownership interests of in a Global Note in global form or for maintaining, supervising or reviewing any records relating to such beneficial ownership interests.

Notes in Global Form. The Notes are issuable in temporary or permanent global form substantially in the form of Exhibit A. Notwithstanding the provisions of Section 3.2, any Note issued as a Global Note in global form shall represent such of the outstanding Outstanding Notes as shall be specified therein and may provide that it shall represent the aggregate principal amount of outstanding Outstanding Notes from time to time endorsed thereon or otherwise notated on the books and records of the Registrar and that the aggregate principal amount of outstanding Outstanding Notes represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges and exchanges, redemptions, purchases or conversions of such Notes. Any endorsement of a Global Note in global form to reflect the aggregate principal amount of or any increase or decrease in the amount of outstanding Outstanding Notes represented thereby thereby, shall be made by the Trustee in such manner and upon instructions given by such Person or Persons as shall be specified therein or in the Holder thereofCompany Order to be delivered to the Trustee pursuant to Section 3.3 or Section 3.4. Global Notes may Subject to the provisions of Section 3.3 and, if applicable, Section 3.4, the Trustee shall deliver and redeliver any Note in global form in the manner and upon instructions given by the Person or Persons specified therein or in the applicable Company Order. Any instructions by the Company with respect to endorsement or delivery or redelivery of a Note in global form shall be issued in either registered or bearer form writing but need not comply with Section 1.2 hereof and in either temporary or permanent form. Permanent Global Notes will need not be issued in definitive formaccompanied by an Opinion of Counsel. The provisions of the last sentence paragraph of Section 2.02 hereof 3.3 shall apply to any Note represented by a Global Note in global form if such Note was never issued and sold by the Company, Company and the Company delivers to the Trustee the Note in global form together with written instructions (which need not comply with Section 1.2 and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount of Notes represented thereby, together with the written statement contemplated by the last sentence paragraph of Section 2.02 hereof. Notwithstanding the provisions of this Section 2.03 and Section 2.14 hereof, payment of principal of and any interest on any Global Note shall be made to the Person or Persons specified therein. None of the Company, the Trustee, any Paying Agent or Registrar will have any responsibility or liability for any aspect of the records relating to, or payments made on account of, beneficial ownership interests of a Global Note or for maintaining, supervising or reviewing any records relating to such beneficial ownership interests3.3.

Notes in Global Form. Notes issued as a Global Note shall represent such of the outstanding Notes as shall be specified therein and may provide that it shall represent the aggregate principal amount of outstanding Notes from time to time endorsed thereon or otherwise notated on the books and records of the Registrar and that the aggregate principal amount of outstanding Notes represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges and redemptions. Any endorsement of a Global Note to reflect the aggregate principal amount of any increase or decrease in the amount of outstanding Notes represented thereby shall be made by the Trustee in such manner and upon instructions given by the Holder thereof. Global Notes may be issued in either registered or bearer form and in either temporary or permanent form. Permanent Global Notes will be issued in definitive form. The provisions of the last sentence of Section 2.02 hereof shall apply to any Note represented by a Global Note if such Note was never issued and sold by the Company, and the Company delivers to the Trustee the Note in global form together with written instructions with regard to the reduction in the principal amount of Notes represented thereby, together with the written statement contemplated by the last sentence of Section 2.02 hereof. Notwithstanding the provisions of this Section 2.03 Sections 2.02 and Section 2.14 hereof, payment of principal of and any interest on any Global Note shall be made to the Person person or Persons persons specified therein. None of the Company, the Trustee, any Paying Agent or Registrar will have any responsibility or liability for any aspect of the records relating to, to or payments made on account of, of beneficial ownership interests of a Global Note or for maintaining, supervising or reviewing any records relating to such beneficial ownership interests.

Notes in Global Form. The Notes are issuable in temporary or permanent global form substantially in the form of Exhibit A with respect to the 6% Senior Notes or substantially in the form of Exhibit B with respect to 8% Contingent Notes. Notwithstanding the provisions of Section 3.2, any Note issued as a Global Note in global form shall represent such of the outstanding Outstanding Notes of such series as shall be specified therein and may provide that it shall represent the aggregate principal amount of outstanding Outstanding Notes from time to time endorsed thereon or otherwise notated on the books and records of the Registrar and that the aggregate principal amount of outstanding Outstanding Notes represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges and redemptionsor redemptions of such Notes. Any endorsement of a Global Note in global form to reflect the aggregate principal amount of or any increase or decrease in the amount of outstanding Outstanding Notes represented thereby thereby, shall be made by the Trustee in such manner and upon instructions given by such Person or Persons as shall be specified therein or in the Holder thereofCompany Order to be delivered to the Trustee pursuant to Section 3.3 or Section 3.4. Global Notes may Subject to the provisions of Section 3.3 and, if applicable, Section 3.4, the Trustee shall deliver and redeliver any Note in global form in the manner and upon instructions given by the Person or Persons specified therein or in the applicable Company Order. Any instructions by the Company with respect to endorsement or delivery or redelivery of a Note in global form shall be issued in either registered or bearer form writing but need not comply with Section 1.2 hereof and in either temporary or permanent form. Permanent Global Notes will need not be issued in definitive formaccompanied by an Opinion of Counsel. The provisions of the last sentence paragraph of Section 2.02 hereof 3.3 shall apply to any Note represented by a Global Note in global form if such Note was never issued and sold by the Company, Company and the Company delivers to the Trustee the Note in global form together with written instructions (which need not comply with Section 1.2 and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount of Notes represented thereby, together with the written statement contemplated by the last sentence paragraph of Section 2.02 hereof. Notwithstanding the provisions of this Section 2.03 and Section 2.14 hereof, payment of principal of and any interest on any Global Note shall be made to the Person or Persons specified therein. None of the Company, the Trustee, any Paying Agent or Registrar will have any responsibility or liability for any aspect of the records relating to, or payments made on account of, beneficial ownership interests of a Global Note or for maintaining, supervising or reviewing any records relating to such beneficial ownership interests3.3.

Notes in Global Form. Notes Any Note issued as a Global Note in global form shall represent such of the outstanding Outstanding Notes of any series as shall be specified therein and may provide that it shall represent the aggregate principal amount of outstanding Outstanding Notes from time to time endorsed thereon or otherwise notated on the books and records of the Registrar and that the aggregate principal amount of outstanding Outstanding Notes represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges and redemptionsor redemptions of such Notes or increased to reflect the issuance of Additional Notes. Any endorsement of a Global Note in global form to reflect the aggregate principal amount of or any increase or decrease in the amount of outstanding Outstanding Notes represented thereby thereby, shall be made by the Trustee in such manner and upon instructions given in the Company Order to be delivered to the Trustee pursuant to Section 3.3 or Section 3.4. Subject to the provisions of Section 3.3 and, if applicable, Section 3.4, the Trustee shall deliver and redeliver any Note in global form in the manner and upon instructions given in the applicable Company Order. Any instructions by the Holder thereof. Global Notes may Company with respect to endorsement or delivery or redelivery of a Note in global form shall be issued in either registered or bearer form writing but need not comply with Section 1.2 hereof and in either temporary or permanent form. Permanent Global Notes will need not be issued in definitive formaccompanied by an Opinion of Counsel. The provisions of the last sentence paragraph of Section 2.02 hereof 3.3 shall apply to any Note represented by a Global Note in global form if such Note was never issued and sold by the Company, Company and the Company delivers to the Trustee the Note in global form together with written instructions (which need not comply with Section 1.2 and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount of Notes represented thereby, together with the written statement contemplated by the last sentence paragraph of Section 2.02 hereof. Notwithstanding the provisions of this Section 2.03 and Section 2.14 hereof, payment of principal of and any interest on any Global Note shall be made to the Person or Persons specified therein. None of the Company, the Trustee, any Paying Agent or Registrar will have any responsibility or liability for any aspect of the records relating to, or payments made on account of, beneficial ownership interests of a Global Note or for maintaining, supervising or reviewing any records relating to such beneficial ownership interests3.3.