Common use of Private Offering by the Company Clause in Contracts

Private Offering by the Company. Neither the Company nor anyone acting on its behalf has offered the Series 2010-A Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person other than the Purchasers and not more than three (3) other Institutional Investors, each of which has been offered the Series 2010-A Notes at a private sale for investment. Neither the Company nor anyone acting on its behalf has taken, or will take, any EXHIBIT A (to Supplement) action that would subject the issuance or sale of the Notes to the registration requirements of Section 5 of the Securities Act.

Private Offering by the Company. Neither the Company nor anyone acting on its behalf has offered the Series 20101998-A Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person person other than you, the Other Purchasers and not more than three (3) 42 other Institutional Investors, each of which has been offered the Series 20101998-A Notes at a private sale for investment. Neither the Company nor anyone acting on its behalf has taken, or will take, any EXHIBIT A (to Supplement) action that would subject the issuance or sale of the Series 1998-A Notes to the registration requirements of Section 5 of the Securities Act.

Private Offering by the Company. Neither the Company nor anyone acting on its behalf has offered the Series 20102015-A 1 Notes or any similar securities Securities for sale to, or solicited any offer to buy the Series 2015-1 Notes or any of the same similar Securities from, or otherwise approached or negotiated in respect thereof with, any Person other than the Purchasers and not more than three (3) 10 other Institutional Investors, each of which has been offered the Series 20102015-A 1 Notes at a private sale for investment. Neither the Company nor anyone acting on its behalf has taken, or will take, any EXHIBIT A (to Supplement) action that would subject the issuance or sale of the Series 2015-1 Notes to the registration requirements of Section section 5 of the Securities ActAct or to the registration requirements of any Securities or blue sky laws of any applicable jurisdiction.

Private Offering by the Company. Neither the Company nor anyone acting on its behalf has offered the Series 20102011-A Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person other than the Purchasers and not more than three fifteen (315) other Institutional Investors, each of which has been offered the Series 20102011-A Notes at a private sale for investment. Neither the Company nor anyone acting on its behalf has taken, or will take, any EXHIBIT A (to Supplement) action that would subject the issuance or sale of the Notes to the registration requirements of Section 5 of the Securities Act.. EXHIBIT A (TO SECOND SUPPLEMENT TO NOTE PURCHASE AGREEMENT)

Private Offering by the Company. Neither the Company nor anyone acting on its behalf has offered the Series 20102006-A Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person other than you, the Other Purchasers and not more than three (3) 5 other Institutional Investors, each of which has been offered the Series 20102006-A Notes at a private sale for investment. Neither the Company nor anyone acting on its behalf has taken, or will take, any EXHIBIT A (to Supplement) action that would subject the issuance or sale require registration of the Series 2006-A Notes to the registration requirements of under Section 5 of the Securities Act.

Private Offering by the Company. Neither None of the Parent, the Company nor or anyone acting on its their behalf has offered the Series 20102006-A Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person other than you, the Other Purchasers and not more than three one (31) other Institutional InvestorsInvestor, each of which has been offered the Series 20102006-A Notes at a private sale for investment. Neither None of the Parent, the Company nor or anyone acting authorized to act on its their behalf has taken, or will take, any EXHIBIT A (to Supplement) action that would subject the issuance or sale of the Series 2006-A Notes to the registration requirements of Section 5 of the Securities Act.

Private Offering by the Company. Neither the Company nor anyone acting on its behalf has offered the Series 20102008-A Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person other than the Purchasers and not more than three (3) 40 other Institutional Investors, each of which has been offered the Series 20102008-A Notes at a private sale for investment. Neither the Company nor anyone acting on its behalf has taken, or will take, any EXHIBIT A (to Supplement) action that would subject the issuance or sale of the Series 2008-A Notes to the registration requirements of Section 5 of the Securities Act.

Private Offering by the Company. Neither the Company nor anyone acting on its behalf has offered the Series 2010-A ___ Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person other than the Purchasers and not more than three (3) [_] other Institutional Investors, each of which has been offered the Series 2010-A __ Notes at a private sale for investment. Neither the Company nor anyone acting on its behalf has taken, or will take, any EXHIBIT A (to Supplement) action that would subject the issuance or sale of the Notes to the registration requirements of Section 5 of the Securities Act.

Private Offering by the Company. Neither the Company nor anyone acting on its behalf has offered the Series 2010-A ___Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person other than the Purchasers and not more than three (3) [___] other Institutional Investors, each of which has been offered the Series 2010-A ___Notes at a private sale for investment. Neither the Company nor anyone acting on its behalf has taken, or will take, any EXHIBIT A (to Supplement) action that would subject the issuance or sale of the Notes to the registration requirements of Section 5 of the Securities Act.

Private Offering by the Company. Neither the Company nor anyone acting on its behalf has offered the Series 2010-A 2001?A Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person person other than you, the Other Purchasers and not more than three (3) 36 other Institutional Investors, each of which has been offered the Series 20102001-A Notes at a private sale for investment. Neither the Company nor anyone acting on its behalf has taken, or will take, any EXHIBIT A (to Supplement) action that would subject the issuance or sale of the Series 2001-A Notes to the registration requirements of Section 5 of the Securities Act. 5.14.

Private Offering by the Company. Neither the Company nor anyone acting on its behalf has offered the Series 2010-A Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person other than the Purchasers and not more than three (3) [_] other Institutional Investors, each of which has been offered the Series 2010-A ______ Notes at a private sale for investment. Neither the Company nor anyone acting on its behalf has taken, or will take, any EXHIBIT A (to Supplement) action that would subject the issuance or sale of the Notes to the registration requirements of Section 5 of the Securities Act.

Private Offering by the Company. Neither the Company nor anyone acting on its behalf has offered the Series 2010-A Notes or any similar securities Securities for sale to, or solicited any offer to buy the Series A Notes or any of the same similar Securities from, or otherwise approached or negotiated in respect thereof with, any Person other than seventy-five (75) Institutional Investors (including the Purchasers and not more than three (3) other Institutional InvestorsPurchasers), each of which has been offered the Series 2010-A Notes at a private sale for investment. Neither the Company nor anyone acting on its behalf has taken, or will take, any EXHIBIT A (to Supplement) action that would subject the issuance or sale of the Series A Notes to the registration requirements of Section section 5 of the Securities ActAct or to the registration requirements of any Securities or blue sky laws of any applicable jurisdiction.

Private Offering by the Company. Neither the Company nor anyone acting on its behalf has offered the Series 2010-A B Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person other than the Series B Purchasers and not more than three (3) 13 other Institutional Investors, each of which has been offered the Series 2010-A B Notes at a private sale for investment. Neither the Company nor anyone acting on its behalf has taken, or will take, any EXHIBIT A (to Supplement) action that would subject the issuance or sale of the Notes to the registration requirements of Section 5 of the Securities Act.

Private Offering by the Company. Neither the Company nor anyone acting on its behalf has offered the Series 2010-A Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person other than you, the Other Purchasers and not more than three (3) 70 other Institutional Investors, each of which has been offered the Series 2010-A Notes at a private sale for investment. Neither the Company nor anyone acting on its behalf has taken, or will take, any EXHIBIT A (to Supplement) action that would subject the issuance or sale of the Series A Notes to the registration requirements of Section 5 of the Securities Act.

Private Offering by the Company. Neither the Company nor anyone acting on its behalf has offered the Series 20102000-A B Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person other than the Purchasers and not more than three (3) 40 other Institutional Investors, each of which has been offered the Series 20102000-A B Notes at a private sale for investment. Neither the Company nor anyone acting on its behalf has taken, or will take, any EXHIBIT A (to Supplement) action that would subject the issuance or sale of the Notes to the registration requirements of Section 5 of the Securities Act.

Private Offering by the Company. Neither the Company nor anyone acting on its behalf has offered the Series 2010-A D Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person other than the Purchasers and not more than three (3) 52 other Institutional Investors, each of which has been offered the Series 2010-A D Notes at a private sale for investment. Neither the Company nor anyone acting on its behalf has taken, or will take, any EXHIBIT A (to Supplement) action that would subject the issuance or sale of the Series D Notes to the registration requirements of Section 5 of the Securities Act.

Private Offering by the Company. Neither the Company nor anyone acting on its the Company's behalf has offered the Series 20102003-A Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person other than the Purchasers and not more than three (3) four other Institutional Investors, each of which has been offered the Series 20102003-A Notes at in connection with a private sale for investment. Neither the Company nor anyone acting on its behalf has taken, or will take, any EXHIBIT A (to Supplement) action that would subject the issuance or sale of the Series 2003-A Notes to the registration requirements of Section 5 of the Securities Act.

Private Offering by the Company. Neither the Company Obligors nor anyone acting on its their behalf has offered the Series 2010-A ___ Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person other than the Purchasers and not more than three (3) [_] other Institutional Investors, each of which has been offered the Series 2010-A __ Notes at a private sale for investment. Neither the Company Obligors nor anyone acting on its behalf has taken, or will take, any EXHIBIT A (to Supplement) action that would subject the issuance or sale of the Notes to the registration requirements of Section 5 of the Securities Act. Section 5.14.

Private Offering by the Company. Neither None of the Parent, the Company nor or anyone acting on its their behalf has offered the Series 20102001-A Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person other than you, the Other Purchasers and not more than three (3) 55 other Institutional Investors, each of which has been offered the Series 20102001-A Notes at a private sale for investment. Neither None of the Parent, the Company nor or anyone acting on its their behalf has taken, or will take, any EXHIBIT A (to Supplement) action that would could subject the issuance or sale of the Series 2001-A Notes to the registration requirements of Section section 5 of the Securities Act.

Private Offering by the Company. Neither the Company nor anyone acting on its behalf has offered the Series 20102008-A Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person other than the Purchasers and not more than three (3) 25 other Institutional Investors, each of which has been offered the Series 20102008-A Notes at a private sale for investment. Neither the Company nor anyone acting on its behalf has taken, or will take, any EXHIBIT A (to Supplement) action that would subject the issuance or sale require registration of the Series 2008-A Notes to the registration requirements of under Section 5 of the Securities Act.

Private Offering by the Company. Neither the Company nor anyone acting on its behalf has offered the Series 2010-A D Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person other than the Series D Purchasers and not more than three (3) 41 other Institutional Investors, each of which has been offered the Series 2010-A D Notes at a private sale for investment. Neither the Company nor anyone acting on its behalf has taken, or will take, any EXHIBIT A (to Supplement) action that would subject the issuance or sale of the Notes to the registration requirements of Section 5 of the Securities Act.

Private Offering by the Company. Neither the Company nor anyone acting on its behalf has offered the Series 2010-A B Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person other than the Series B Purchasers and not more than three (3) 41 other Institutional Investors, each of which has been offered the Series 2010-A B Notes at a private sale for investment. Neither the Company nor anyone acting on its behalf has taken, or will take, any EXHIBIT A (to Supplement) action that would subject the issuance or sale of the Notes to the registration requirements of Section 5 of the Securities Act.

Private Offering by the Company. Neither the Company nor anyone acting on its behalf has offered the Series 20102003-A Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person person other than you, the Other Purchasers and not more than three (3) 50 other Institutional Investors, each of which has been offered the Series 20102003-A Notes at a private sale for investment. Neither the Company nor anyone acting on its behalf has taken, or will take, any EXHIBIT A (to Supplement) action that would subject the issuance or sale of the Series 2003-A Notes to the registration requirements of Section 5 of the Securities Act.

Private Offering by the Company. Neither the Company nor anyone acting on its behalf has offered the Series 20102006-A Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person other than the Purchasers and not more than three (3) 9 other Institutional Investors, each of which has been offered the Series 20102006-A Notes at a private sale for investment. Neither the Company nor anyone acting on its behalf has taken, or will take, any EXHIBIT A (to Supplement) action that would subject the issuance or sale of the Series 2006-A Notes to the registration requirements of Section 5 of the Securities Act.

Private Offering by the Company. Neither the Company nor anyone acting on its behalf has offered the Series 20102014-A Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person person other than you, the Other Purchasers and not more than three (3) 20 other Institutional Investors, each of which has been offered the Series 20102014-A Notes at a private sale for investment. Neither the Company nor anyone acting on its behalf has taken, or will take, any EXHIBIT A (to Supplement) action that would subject the issuance or sale of the Series 2014-A Notes to the registration requirements of Section 5 of the Securities Act.

Private Offering by the Company. Neither the Company nor anyone acting on its behalf has offered the Series 2010-A 2001 Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person other than sixty-one Institutional Investors (including the Purchasers and not more than three (3) other Institutional InvestorsPurchasers), each of which has been offered the Series 2010-A 2001 Notes at a private sale for investment. Neither the Company nor anyone acting on its behalf has taken, or will take, any EXHIBIT A (to Supplement) action that would subject the issuance or sale of the Series 2001 Notes to the registration requirements of Section 5 of the Securities Act.