Scope of this First Supplemental Indenture. The changes, modifications and supplements to the Indenture effected by this First Supplemental Indenture shall only be applicable with respect to, and govern the terms of, the Notes and shall not apply to any other Securities that may be issued by the Company under the Indenture.
Scope of this First Supplemental Indenture. (a) The changes, modifications and supplements to the Indenture effected by this First Supplemental Indenture shall only be applicable with respect to, and govern the terms of, the Notes and shall not apply to any other Securities that may be issued by the Company under the Indenture and Subsidiary Guarantees.
(b) The Notes and Subsidiary Guarantees issued hereunder are subject to all of the provisions of the Base Indenture, except that the Base Indenture is modified by this First Supplemental Indenture, and corresponding provision of this First Supplemental Indenture shall govern.
Scope of this First Supplemental Indenture. SECTION 2.1. The changes, modifications and supplements to the Indenture effected by this First Supplemental Indenture effected in Article Three hereof shall only be applicable with respect to, and govern the terms of, any series of Securities created on or after the date hereof, and shall not apply to any series of Securities which has been issued under the Indenture prior to such date (“Pre-Amendment Securities”). For the avoidance of doubt, this First Supplemental Indenture shall not apply to any additional Securities issued after the date of this First Supplemental Indenture that form part of a series created and the initial issuance of which occurred prior to the date of this First Supplemental Indenture, all of which Securities referred to in this sentence shall constitute Pre-Amendment Securities.
SECTION 3.1. Section 101 is hereby amended as follows:
3.1.1 The following definition is added immediately following the definition of “corporation”:
Scope of this First Supplemental Indenture. (a) The changes, modifications and supplements to the Indenture effected by this First Supplemental Indenture in Section 2 hereof shall only be applicable with respect to, and govern the terms of, the 7.375% Notes issued by the Issuer and the Guarantor, which shall be limited in original aggregate principal amount to $350,000,000, and shall not apply to any other Securities which may be issued under the Indenture unless a supplemental indenture with respect to such other Securities specifically incorporates such changes, modifications and supplements.
(b) Pursuant to this First Supplemental Indenture, there is hereby created and designated a series of Securities under the Indenture entitled "7.375% Senior Notes due 2008." The 7.375% Notes shall be in the form of Exhibit A hereto. The Guarantee to be endorsed on the 7.375% Notes shall be in substantially the form set forth in exhibit B.
(1) the title of the Securities of such series shall be "7.375% Senior Notes due 2008" and the 7.375% Notes are endorsed to the benefit of Article XII of the Indenture;
(2) the 7.375% Notes shall be initially authenticated and delivered from time to time in aggregate principal amount limited to $350,000,000;
(3) the Notes will be issued at a price of 99.889%;
(4) the principal of each 7.375% Note shall be payable on February 1, 2008;
(6) interest shall accrue on the 7.375% Notes from January 15, 1998, or the most recent date to which interest has been paid or duly provided for; the Interest Payment Dates for such Notes shall be February 1 and August 1 in each year, commencing August 1, 1998, and the Regular Record Dates with respect to the Interest Payment Dates for such Notes shall be January 15 and July 15 in each year, respectively (whether or not a Business Day);
(7) the Corporate Trust Office of The Bank of New York, in New York, New York shall be the place at which (i) the principal of, premium, if any, and interest, if any, on the 7.375% Notes shall be payable, (ii) registration of transfer of such Notes may be effected, (iii) exchanges of such Notes may be effected and (iv) notices and demands to or upon the Issuer in respect of such Notes and the Indenture may be served; and The Bank of New York shall be the Security Registrar for the 7.375% Notes;
(8) the 7.375% Notes shall not be redeemable by the Issuer prior to Maturity;
(9) not applicable;
(10) not applicable;
(11) not applicable;
(12) not applicable;
(13) not applicable;
(14) not applicable;
(15) see Section 2...
Scope of this First Supplemental Indenture. Unless otherwise stated, the terms and provisions contained in the Base Indenture shall constitute, and are hereby expressly made, a part of this First Supplemental Indenture and the Company, the Guarantors and the Trustee, by their execution and delivery of this First Supplemental Indenture, expressly agree to such terms and provisions and to be bound thereby. Notwithstanding any of the foregoing to the contrary, the provisions of this First Supplemental Indenture shall supersede any corresponding provisions in the Base Indenture, and to the extent any provision of the Base Indenture conflicts with the express provisions of this First Supplemental Indenture, the provisions of this First Supplemental Indenture shall govern and be controlling. The changes, modifications and supplements to the Base Indenture effected by this First Supplemental Indenture shall be applicable only with respect to, and shall only govern the terms of, the Offered Securities, which may be issued from time to time, and shall not apply to any other Offered Securities that may be issued under the Base Indenture unless a supplemental indenture with respect to such other Offered Securities specifically incorporates such changes, modifications and supplements.
Scope of this First Supplemental Indenture
