Common use of PRIOR ISSUANCE OF NOTES, ETC Clause in Contracts

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 previously issued and sold (a) eighty million dollars ($15,000,000 80,000,000) in aggregate principal amount of its Adjustable Rate Series A Senior Secured Notes (formerly called 7.05% Senior Secured Notes) due January December 2, 2008 2012 (as may be amended, restated or otherwise modified from time to time, collectively, the "“Series A Notes"”, such term to include any such notes issued in substitution therefor pursuant to Section 14 of any 13 of the Note Purchase AgreementsAgreement) and (b) seventy million dollars ($70,000,000) in aggregate principal amount of its Series B Senior Notes due December 2, 2012 (as may be amended, restated or otherwise modified from time to time, collectively, the “Series B Notes”, such term to include any such notes issued in substitution therefor pursuant to Section 13 of the Note Purchase Agreement) pursuant to the those certain separate Note Purchase Agreements, each dated as of May 15November 21, 19982002, among the Company, the Guarantors and the purchasers named in Schedule A thereto (the "Original Note Purchase Agreements"). The Original Note Purchase Agreements were as amended by (i) that certain Amendment No. 1 to Note Purchase Agreements Agreement, dated as of May 15April 21, 1998 2004 and Other Financing Documents, which amendment was dated as of September 5, 2000 ("Amendment No. 1"ii) and by that certain Amendment No. 2 to Note Purchase AgreementsAgreement, which amendment was dated as of March 31November 3, 2002 2004 ("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 Amendment provided for by this Amendment No. 3 to Note Purchase Agreements (this "Agreement") are referred to herein as herein, collectively, the "“Existing Note Purchase Agreements" Agreement” and, as may be amended pursuant to this Agreement and as may be further amended, restated or otherwise modified from time to time, collectively, the "“Note Purchase Agreements"Agreement”) between the Company and each of Current Noteholders (as herein after defined). The Series A Notes and the Series B Notes are collectively referred to herein as the “Notes.” Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to such terms in the Note Purchase Agreement after giving effect to the Amendment contemplated by this 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 Noteholders"”) is currently a holder of the aggregate principal amount of the Notes indicated in such AnnexAnnex 1.

PRIOR ISSUANCE OF NOTES, ETC. The Company previously issued and sold (a) eighty million dollars ($15,000,000 80,000,000) in aggregate principal amount of its Adjustable Rate Series A Senior Secured Notes (formerly called 7.05% Senior Secured Notes) due January December 2, 2008 2012 (as may be amended, restated or otherwise modified from time to time, collectively, the "“Series A Notes"”, such term to include any such notes issued in substitution therefor pursuant to Section 14 of any 13 of the Note Purchase AgreementsAgreement) and (b) seventy million dollars ($70,000,000) in aggregate principal amount of its Series B Senior Notes due December 2, 2012 (as may be amended, restated or otherwise modified from time to time, collectively, the “Series B Notes”, such term to include any such notes issued in substitution therefor pursuant to Section 13 of the Note Purchase Agreement) pursuant to the those certain separate Note Purchase Agreements, each dated as of May 15November 21, 19982002, among the Company, the Guarantors and the purchasers named in Schedule A thereto (the "Original Note Purchase Agreements"). The Original Note Purchase Agreements were as amended by (i) that certain Amendment No. 1 to Note Purchase Agreements Agreement, dated as of May 15April 21, 1998 and Other Financing Documents, which amendment was dated as of September 5, 2000 2004; ("Amendment No. 1"ii) and by that certain Amendment No. 2 to Note Purchase AgreementsAgreement, which amendment was dated as of March 31November 3, 2002 2004 and ("iii) that certain Amendment No. 2", and the Original 3 to Note Purchase Agreements Agreement, dated as amended by Amendment No. 1 and Amendment No. 2 and of May 3, 2005 (as in effect immediately prior to giving effect to the amendments Amendment provided for by this Amendment No. 3 to Note Purchase Agreements (this "Agreement") are referred to herein as herein, collectively, the "“Existing Note Purchase Agreements" Agreement” and, as may be amended pursuant to this Agreement and as may be further amended, restated or otherwise modified from time to time, collectively, the "“Note Purchase Agreements"Agreement”) between the Company and each of Current Noteholders (as herein after defined). The Series A Notes and the Series B Notes are collectively referred to herein as the “Notes.” Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to such terms in the Note Purchase Agreement after giving effect to the Amendment contemplated by this 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 Noteholders"”) is currently a holder of the aggregate principal amount of the Notes indicated in such AnnexAnnex 1.

PRIOR ISSUANCE OF NOTES, ETC. The Company previously issued and sold (a) eighty million dollars ($15,000,000 80,000,000) in aggregate principal amount of its Adjustable Rate 6.06% Series A Senior Secured Notes (formerly called 7.05% Senior Secured Notes) due January December 2, 2008 2012 (such Notes as in effect immediately prior to giving effect to the amendments provided for by this Agreement, collectively, the "Existing Series A Notes" and, as amended by this Agreement and as may be further amended, restated or otherwise modified from time to time, collectively, the "Series A Notes", such term to include any such notes issued in substitution therefor pursuant to Section 14 of any 13 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"Agreement) and by Amendment No. 2 to Note Purchase Agreements(b) seventy million dollars ($70,000,000) in aggregate principal amount of its 5.59% Series B Senior Notes due December 2, which amendment was dated as of March 31, 2002 2012 ("Amendment No. 2", and the Original Note Purchase Agreements as amended by Amendment No. 1 and Amendment No. 2 and such Notes as in effect immediately prior to giving effect to the amendments provided for by this Amendment No. 3 Agreement, collectively, the "Existing Series B Notes" and, as amended by this Agreement and as may be further amended, restated or otherwise modified from time to time, collectively, the "Series B Notes", such term to include any such notes issued in substitution therefor pursuant to Section 13 of the Note Purchase Agreements Agreement) pursuant to those certain separate Note Purchase Agreements, each dated as of November 21, 2002, between the Company and each of the purchasers named in Schedule A thereto (as in effect immediately prior to giving effect to the amendments provided for by this "Agreement") are referred to herein as , collectively, the "Existing Note Purchase AgreementsAgreement" and, as may be amended pursuant to this Agreement and as may be further amended, restated or otherwise modified from time to time, collectively, the "Note Purchase AgreementsAgreement"). The Existing Series A Notes and the Existing Series B Notes are collectively referred to herein as the "Existing Notes" and the Series A Notes and the Series B Notes are collectively referred to herein as the "Notes." Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to such terms in Section 6.1 hereof. 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 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 previously issued and sold (a) eighty million dollars ($15,000,000 80,000,000) in aggregate principal amount of its Adjustable Rate Series A Senior Secured Notes (formerly called 7.05% Senior Secured Notes) due January December 2, 2008 2012 (as may be amended, restated or otherwise modified from time to time, collectively, the "“Series A Notes"”, such term to include any such notes issued in substitution therefor pursuant to Section 14 of any 13 of the Note Purchase AgreementsAgreement) and (b) seventy million dollars ($70,000,000) in aggregate principal amount of its Series B Senior Notes due December 2, 2012 (as may be amended, restated or otherwise modified from time to time, collectively, the “Series B Notes”, such term to include any such notes issued in substitution therefor pursuant to Section 13 of the Note Purchase Agreement) pursuant to the those certain separate Note Purchase Agreements, each dated as of May 15November 21, 19982002, among the Company, the Guarantors and the purchasers named in Schedule A thereto (the "Original Note Purchase Agreements"). The Original Note Purchase Agreements were as amended by that certain Amendment No. 1 to Note Purchase Agreements Agreement, dated as of May 15April 21, 1998 and Other Financing Documents, which amendment was dated as of September 5, 2000 2004 ("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 herein, collectively, the "“Existing Note Purchase Agreements" Agreement” and, as may be amended pursuant to this Agreement and as may be further amended, restated or otherwise modified from time to time, collectively, the "“Note Purchase Agreements"Agreement”) between the Company and each of Current Noteholders (as herein after defined). The Series A Notes and the Series B Notes are collectively referred to herein as the “Notes.” Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to such terms in the Note Purchase Agreement after giving effect to the Amendments contemplated by this Agreement. 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 Annex 1 hereto (collectively, the "“Current Noteholders"”) is currently a holder of the aggregate principal amount of the Notes indicated in such AnnexAnnex 1.