PRIOR ISSUANCE OF NOTES, ETC. The Company issued and sold $15,000,000 in aggregate principal amount of its Adjustable Rate Senior Secured Notes (formerly called 7.05% Senior Secured Notes) due January 2, 2008 (as may be amended, restated or otherwise modified from time to time, the "Notes", such term to include any such notes issued in substitution therefor pursuant to Section 14 of any of the Note Purchase Agreements) pursuant to the separate Note Purchase Agreements, each dated as of May 15, 1998, among the Company, the Guarantors and the purchasers named in Schedule A thereto (the "Original Note Purchase Agreements"). The Original Note Purchase Agreements were amended by Amendment No. 1 to Note Purchase Agreements dated as of May 15, 1998 and Other Financing Documents, which amendment was dated as of September 5, 2000 ("Amendment No. 1") and by Amendment No. 2 to Note Purchase Agreements, which amendment was dated as of March 31, 2002 ("Amendment No. 2", and the Original Note Purchase Agreements as amended by Amendment No. 1 and Amendment No. 2 and as in effect immediately prior to giving effect to the amendments provided for by this Amendment No. 3 to Note Purchase Agreements (this "Agreement") are referred to herein as the "Existing Note Purchase Agreements" and, as may be amended pursuant to this Agreement and as may be further amended, restated or otherwise modified from time to time, the "Note Purchase Agreements"). The register kept by the Company for the registration and transfer of the Notes indicates that each of the Persons named in Annex 1 hereto (collectively, the "Current Noteholders") is currently a holder of the aggregate principal amount of the Notes indicated in such Annex.
PRIOR ISSUANCE OF NOTES, ETC. The Company has outstanding (i) $4,090,909 in aggregate principal amount of its 7.25% Senior Notes, Series A, due June 30, 2009 (collectively, the “Existing Series A Notes”), (ii) $15,000,001 in aggregate principal amount of its 7.45% Senior Notes, Series B, due June 30, 2011 (collectively, the “Existing Series B Notes”) and (iii) $10,909,090 in aggregate principal amount of its 7.55% Senior Notes, Series C, due June 30, 2012 (collectively, the “Existing Series C Notes” and together with the Existing Series A Notes and the Existing Series B Notes, collectively, the “Existing Notes”, and the Existing Notes, as amended pursuant to this Agreement and as may be further amended, restated, modified or replaced from time to time, together with any such notes issued in substitution therefor pursuant to Section 13 of the Note Purchase Agreement, the “Notes”) under the Note Purchase Agreement dated as of June 1, 2004 by and among the Company and the purchasers named in Schedule A thereto, as amended by that certain First Amendment to Note Purchase Agreement, dated as of August 3, 2005, that certain Second Amendment to Note Purchase Agreement, dated as of March 13, 2006, and that certain Third Amendment to Note Purchase Agreement dated as of April 6, 2007 (as so amended, the “Existing Note Agreement” and, as amended pursuant to this Agreement and as may be further amended, restated or otherwise modified from time to time, the “Note Purchase Agreement”). The Company represents and warrants to each of you that the register kept by the Company for the registration and transfer of the Notes indicates that each of the Persons named in Annex 1 hereto (collectively, the “Current Noteholders”) is currently a holder of the aggregate principal amount of the Notes of each Series indicated in such Annex.
PRIOR ISSUANCE OF NOTES, ETC. The Company issued and sold (i) twenty million dollars ($20,000,000) in aggregate principal amount of its 6.49% Senior Notes due April 15, 2008 (the "Existing Notes," and, as amended by this Agreement and as may be further amended, restated or otherwise modified from time to time, the "Notes) pursuant to a Note Agreement, dated as of April 1, 1996, between the Company and Nationwide Life Insurance Company (the "Original Note Agreement). The Original Note Agreement was amended by the First Amendment and Waiver to Note Agreement dated as of December 1, 1998 (the Original Note Agreement, as amended by the foregoing and as in effect immediately prior to giving effect to the amendments provided for by this Agreement, is referred to herein as the "Existing Note Agreement" and, as may be amended pursuant to this Agreement and as may be further amended, restated or otherwise modified from time to time, the "Note Agreement"). The register kept by the Company for the registration and transfer of the Notes indicates that each of the Persons named in Annex 1 hereto (collectively, the "Current Holders") is currently a holder of the aggregate principal amount of the Notes indicated in such Annex.
PRIOR ISSUANCE OF NOTES, ETC. Pursuant to that certain Amended and Restated Note Agreement, dated as of December 20, 2001, as amended by that certain Amendment No. 1 to Amended and Restated Note Agreement dated December 20, 2002 (as in effect immediately prior to giving effect to the amendments provided by this Agreement, the "Existing Note Agreement" and, as amended pursuant to this Agreement and as may be further amended, restated or otherwise modified from time to time, the "Note Agreement"), the Obligors and the Current Noteholders agreed to amend and restate the terms of those certain separate Note Agreements, each dated as of June 1, 1998, by and among the Obligors and each of the purchasers named in Schedule I thereto, pursuant to which the Issuer issued U.S. $137,000,000 in aggregate principal amount of its 6.82% Senior Guaranteed Notes due March 31, 2008 (as amended and restated pursuant to the terms of the Existing Note Agreement, the "Notes").
PRIOR ISSUANCE OF NOTES, ETC. The Company issued and sold three hundred million dollars ($300,000,000) in aggregate principal amount of its 4.66% Senior Guaranteed Notes due March 5, 2011 (the "EXISTING NOTES", and as amended pursuant to this Agreement, and as may be further amended, restated, modified or replaced from time to time, together with any such notes issued in substitution therefor pursuant to Section 13 of the Note Purchase Agreement, the "NOTES") pursuant to the Note Purchase Agreement dated as of March 5, 2003 between the Company and the purchasers named in Schedule A thereto, as amended by that certain Amendment and Waiver No. 1 to Note Purchase Agreement (the "FIRST AMENDMENT AGREEMENT") dated as of June 30, 2005 (as amended by the First Amendment Agreement, the "EXISTING NOTE PURCHASE AGREEMENT" and, as amended pursuant to this Agreement and as may be further amended, restated or otherwise modified from time to time, the "NOTE PURCHASE AGREEMENT"). The Company represents and warrants to each of you that the register kept by the Company for the registration and transfer of the Notes indicates that each of the Persons named in Annex 1 hereto (collectively, the "CURRENT NOTEHOLDERS") is currently a holder of the aggregate principal amount of the Notes indicated in such Annex.
PRIOR ISSUANCE OF NOTES, ETC. Pursuant to that certain Amended and Restated Note Agreement, dated as of December 20, 2001 (as in effect immediately prior to giving effect to the amendments provided by this Agreement, the "Existing Note Agreement" and, as amended pursuant to this Agreement and as may be further amended, restated or otherwise modified from time to time, the "Note Agreement"), the Obligors and the Current Noteholders agreed to amend and restate the terms of those certain separate Note Agreements, each dated as of June 1, 1999, by and among the Obligors and each of the purchasers named in Schedule I thereto, pursuant to which the Issuer issued U.S. $25,000,000 in aggregate principal amount of its 7.66% Senior Guaranteed Notes, Series A due May 31, 2005 (the "Series A Notes") and U.S. $112,000,000 in aggregate principal amount of its 7.81% Senior Guaranteed Notes, Series B due May 31, 2009 (the "Series B Notes", the Series A Notes and the Series B Notes, each as amended and restated pursuant to the terms of the Existing Note Agreement, herein collectively referred to as the "Notes"). The register kept by the Company for the registration and transfer of the Notes indicates that each of the Current Noteholders is currently a holder of the Notes indicated on Annex 1.
PRIOR ISSUANCE OF NOTES, ETC. The Company issued and sold thirty-five million dollars ($35,000,000) in aggregate principal amount of its Senior Notes due May 30, 2004 (the "EXISTING NOTES" and as amended by this Agreement, the "NOTES") pursuant to the separate Note Purchase Agreements, each dated as of May 30, 1997, between the Company and the purchasers named in Schedule A thereto (the "ORIGINAL NOTE PURCHASE AGREEMENTS", as in effect immediately prior to giving effect to the amendment and restatement provided for by this Agreement, the "EXISTING NOTE PURCHASE AGREEMENTS"). The entire original aggregate principal amount of the Notes currently remains outstanding. The register kept by the Company for the registration and transfer of the Notes indicates that each of the Persons named in SCHEDULE A hereto (collectively, the "CURRENT HOLDERS") is as of the Restatement Date a holder of each of the aggregate principal amount of the Senior Notes indicated in such Schedule.
PRIOR ISSUANCE OF NOTES, ETC. The Company is party to a Master Note Purchase Agreement dated as of March 6, 2008, as supplemented by (i) the First Supplement to Master Note Purchase Agreement, dated as of March 6, 2009, by and among the Company and the purchasers named in Schedule A thereto (as supplemented, amended, restated or otherwise modified from time to time (except as otherwise provided herein), the “First Supplement”), (ii) the Second Supplement to Master Note Purchase Agreement, dated as of January 28, 2010, by and among the Company and the purchasers named in Schedule A thereto (as supplemented, amended, restated or otherwise modified from time to time (except as otherwise provided herein), the “Second Supplement”) and (iii) the Third Supplement to Master Note Purchase Agreement, dated as of October 12, 2010, by and among the Company and the purchasers named in Schedule A thereto (as supplemented, amended, restated or otherwise modified from time to time (except as otherwise provided herein), the “Third Supplement”, and together with the First Supplement and the Second Supplement, collectively, the “Supplements”) (as supplemented and as may be further supplemented, amended, restated or otherwise modified from time to time, the “Master Note Purchase Agreement”). The Company represents and warrants to each of you that the register kept by the Company for the registration and transfer of the Notes indicates that each of the Persons named in Annex 1 hereto (collectively, the “Noteholders”) is currently a holder of the aggregate principal amount of the Notes of each series indicated in such Annex 1.
PRIOR ISSUANCE OF NOTES, ETC. The Company issued and sold three hundred million dollars ($300,000,000) in aggregate principal amount of its 4.66% Senior Guaranteed Notes due March 5, 2011 (the "NOTES", such term to include any such notes issued in substitution therefor pursuant to Section 13 of the Note Purchase Agreement) pursuant to the Note Purchase Agreement dated as of March 5, 2003 between the Company and the purchasers named in Schedule A thereto (the "EXISTING NOTE PURCHASE AGREEMENT" and, as may be amended pursuant to this Agreement and as may be further amended, restated or otherwise modified from time to time, the "NOTE PURCHASE AGREEMENT"). The Company represents and warrants to each of you that the register kept by the Company for the registration and transfer of the Notes indicates that each of the Persons named in Annex 1 hereto (collectively, the "CURRENT NOTEHOLDERS") is currently a holder of the aggregate principal amount of the Notes indicated in such Annex.
PRIOR ISSUANCE OF NOTES, ETC. Pursuant to that certain Amended and Restated Note Agreement, dated as of December 20, 2001 (as in effect immediately prior to giving effect to the amendments provided by this Agreement, the "Existing Note Agreement" and, as amended pursuant to this Agreement and as may be further amended, restated or otherwise modified from time to time, the "Note Agreement"), the Obligors and the Current Noteholders agreed to amend and restate the terms of those certain separate Note Agreements, each dated as of June 1, 1998, by and among the Obligors and each of the purchasers named in Schedule I thereto, pursuant to which the Issuer issued U.S. $137,000,000 in aggregate principal amount of its 6.82% Senior Guaranteed Notes due March 31, 2008 (as amended and restated pursuant to the terms of the Existing Note Agreement, the "Notes"). The register kept by the Company for the registration and transfer of the Notes indicates that each of the Current Noteholders is currently a holder of the Notes indicated on Annex 1.
