Common use of RESTRICTIVE SECURITIES LEGENDS Clause in Contracts

RESTRICTIVE SECURITIES LEGENDS. (a) Each Global Note and Physical Note that constitutes a Restricted Security shall bear the legend (the “Restrictive Securities Legend”) as set forth in EXHIBIT C-1 on the face thereof until the date that is the later of (i) one year after the date of original issuance of the Notes, and (ii) 90 days after the Holder ceases to be an affiliate (within the meaning of Rule 144 under the Securities Act) of the Company or Issuer (or such shorter period of time as permitted by Rule 144 under the Securities Act or any successor provision thereunder; or such longer period of time as may be required under the Securities Act or applicable state securities laws in the opinion of counsel for the Issuer, unless otherwise agreed between the Issuer and the Holder thereof). (b) Each Common Share that constitutes a Restricted Security shall bear the Restrictive Securities Legend as set forth in EXHIBIT C-3 on the reverse thereof until the date that is the later of (i) six months after the date of original issuance of the Notes in the case of Common Shares issuable on conversion of the Notes (or one year after the original issuance date in the case of Common Shares that is restricted upon issuance), and (ii) 90 days after the Holder ceases to be an affiliate (within the meaning of Rule 144 under the Securities Act) of the Company or Issuer (or such shorter period of time as permitted by Rule 144 under the Securities Act or any successor provision thereunder; or such longer period of time as may be required under the Securities Act or applicable state securities laws in the opinion of counsel for the Issuer, unless otherwise agreed between the Issuer and the Holder thereof) (c) Each Global Note shall also bear the legend as set forth in EXHIBIT C-2.

RESTRICTIVE SECURITIES LEGENDS. (a) [Each Global Note and Physical Note that constitutes a Restricted Security shall bear the legend (the “Restrictive Securities Legend”) as set forth in EXHIBIT C-1 B-1 on the face thereof until after the date that is second anniversary of the later of (i) one year after the issue date of original issuance of for the Notes, and (ii) 90 days after the Holder ceases to be an affiliate (within last date on which the meaning of Rule 144 under the Securities Act) Issuer or any Affiliate of the Company Issuer was the owner of such Note (or Issuer any predecessor security) (or such shorter period of time as permitted by Rule 144 144(k) under the Securities Act or any successor provision thereunder; ) (or such longer period of time as may be required under the Securities Act or applicable state securities laws in the opinion of counsel for the Issuer, unless otherwise agreed between the Issuer and the Holder thereof). (b) Each Common Share that constitutes a Restricted Security shall (A) bear the Restrictive Securities Legend as set forth in EXHIBIT C-3 B-2 on the reverse thereof until after the date that is second anniversary of the later of (i) six months after the issue date of original issuance of for the Notes in the case of Common Shares issuable on conversion of the Notes (or one year after the original issuance date in the case of Common Shares that is restricted upon issuance)Share, and (ii) 90 days after the Holder ceases to be an affiliate (within last date on which the meaning of Rule 144 under the Securities Act) Issuer or any Affiliate of the Company Issuer was the owner of such Common Share (or Issuer any predecessor security) (or such shorter period of time as permitted by Rule 144 144(k) under the Securities Act or any successor provision thereunder; ) (or such longer period of time as may be required under the Securities Act or applicable state securities laws in the opinion of counsel for the Issuer, unless otherwise agreed between the Issuer and the Holder thereof)) and (B) bear the Restrictive Securities Legend as set forth in EXHIBIT B-4 on the reverse thereof until the earlier of (i) [ ], 2009 and (ii) the date of a final receipt for a Canadian prospectus that qualifies the distribution of such Common Share under applicable Canadian securities laws. (c) Each Global Note shall also bear the legend as set forth in EXHIBIT C-2B-3.]