Common use of Series C Notes Clause in Contracts

Series C Notes. The Existing Series C Notes are hereby and shall be deemed to be, automatically and without any further action, amended and restated in their entirety as set forth on Exhibit C; except that the date, registration number and principal amount set forth in each Existing Series C Note shall remain the same; provided, however, that, at the request of any Current Noteholder, the Company shall execute and deliver a new Series C Note or Series C Notes in the form of such Exhibit C in exchange for its Existing Series C Note, registered in the name of such Current Noteholder, in the aggregate principal amount of the Series C Notes owing to such Current Noteholder on the date hereof and dated the date of the last interest payment made to such Current Noteholder in respect of its Existing Series C Notes. Each reference to the “7.55% Senior Notes, Series C, due June 30, 2012” in any of the Financing Documents is hereby deleted and replaced with a reference to the “10.30% Senior Notes, Series C, due January 15, 2010”. Each other reference to “7.55%” in any of such agreements as the interest rate applicable to the Series C Notes is hereby deleted and replaced with “10.30%.”

Series C Notes. The Existing Series C Notes are hereby and shall be deemed to be, automatically and without any further action, amended and restated in their entirety as set forth on in Exhibit CA-2; except that the name of the holder of the Note, date, registration number and principal amount set forth in each Existing Series C Note shall remain the same; provided, however, that, at the request of any Current Noteholder, the Company Issuers shall execute and deliver a new Series C Note or Series C Notes in the form of such Exhibit C A-2 in exchange for its Existing Series C Note, registered in the name of such Current Noteholder, in the aggregate principal amount of the Series C Notes owing to such Current Noteholder on the date hereof and dated the date of the last interest payment made to such Current Noteholder in respect of its Existing Series C Notes. Each reference to the “7.559.09% Senior Notes, Secured Series C, C Notes due June 30December 21, 2012” in any of the Financing Finance Documents is hereby deleted and replaced with a reference to the “10.3011.00% Senior Notes, Secured Series C, C Notes due January August 15, 20102012”. Each other reference to “7.559.09%” in any of such agreements the Finance Documents as the interest rate applicable to the Series C Notes is hereby deleted and replaced with “10.3011.00%”. The increase in the interest rate applicable to the Series B Notes referred to in this Section 2(b) and on Exhibit A-2 shall be effective on a prospective basis as of the Second Amendment Effective Date. Each other reference to “December 21, 2012” in any of the Finance Documents as the maturity date applicable to the Series C Notes is hereby deleted and replaced with “August 15, 2012”.”

Series C Notes. The Existing Series C Notes are hereby and shall be deemed to be, automatically and without any further action, amended and restated in their entirety as set forth on Exhibit C; except that the date, registration number and principal amount set forth in each Existing Series C Note shall remain the same; provided, however, that, at the request of any Current Noteholder, the Company shall execute and deliver a new Series C Note or Series C Notes in the form of such Exhibit C in exchange for its Existing Series C Note, registered in the name of such Current Noteholder, in the aggregate principal amount of the Series C Notes owing to such Current Noteholder on the date hereof and dated the date of the last interest payment made to such Current Noteholder in respect of its Existing Series C Notes. Each reference to the “7.555.78% Senior Notes, Series C, due June 30, 20122014” in any of the Financing Documents is hereby deleted and replaced with a reference to the “10.307.55% Senior Notes, Series C, due January 15June 30, 20102012”. Each other reference to “7.555.78%” in any of such agreements as the interest rate applicable to the Series C Notes and each other reference therein to “June 30, 2014” as the applicable maturity date with respect to the Series C Notes is hereby deleted and replaced with “10.307.55%” and “June 30, 2012”, respectively.”