Common use of The Additional Notes Clause in Contracts

The Additional Notes. (a) Subject to the satisfaction (or waiver in accordance with Section 10.9) of the conditions precedent set forth in Section 4.2, at any time and from time to time after the Initial Closing Date, the Company shall issue and sell to each Person that executes a counterpart signature page to this Agreement in the form attached hereto as Exhibit B (individually, an “Additional Purchaser” and collectively, the “Additional Purchasers”), and each such Additional Purchaser shall purchase from the Company, an Additional Note in a principal amount to be mutually agreed between such Additional Purchaser and the Company. Each additional issuance, sale and purchase of Additional Notes as provided in this Section 2.2 shall take place on a date to be mutually agreed by the Company and such Additional Purchaser (each, an “Additional Closing Date”); provided that (i) each Additional Closing Date shall have occurred on or prior to December 31, 2021, (ii) all issuances, sales and purchases of Additional Notes on an Additional Closing Date shall be made on substantially identical terms and conditions as the Initial Notes, shall, to the extent permitted by law, be fungible for tax purposes with the Initial Notes and may only be amended pursuant to Section 10.9; (iii) the purchase price of each Additional Note shall be increased by the PIK Interest (as defined in the Note) and Cash Interest (as defined in the Note) that has accrued since the Initial Closing Date on the Initial Notes (it being understood and agreed that interest on all the Notes shall accrue PIK Interest and be payable on the same dates) and (iv) in no event shall the initial aggregate principal amount of all Notes issued hereunder exceed $300,000,000.00. (b) Any Additional Notes issued, sold and purchased pursuant to this Section 2.2 shall be deemed to be “Notes” for all purposes under this Agreement. By no later than 11:00 a.m. (New York time) on an Additional Closing Date (i) each Additional Purchaser shall wire transfer same day funds in U.S. dollars, at the Note Agent’s Principal Office, in the amount of such Additional Purchaser’s Additional Note and (ii) the Company shall issue and deliver to each such Additional Purchaser an Additional Note in favor of such Additional Purchaser payable in the principal amount of such Additional Purchaser’s Additional Note. The Schedule of Purchasers may be amended by the Company without the consent of the Purchasers to include any Additional Purchasers upon the execution by such Additional Purchasers of a counterpart signature page hereto in the form attached hereto as Exhibit B.

The Additional Notes. (a) Subject Pursuant to Section 2.14 of the Base Indenture, the Company hereby creates $80,000,000 aggregate principal amount of its 11% Senior Notes due 2016. These December 2012 Additional Notes shall constitute a single series with the Company’s Outstanding Notes issued on October 23, 2009, May 14, 2010 and April 19, 2011 (the “Existing Notes”), to which the December 2012 Additional Notes are identical in all terms and conditions except as to the satisfaction (or waiver in accordance with issue date, the amount of interest payable on the first Interest Payment Date therefore and issue price as permitted under Section 10.92.14(a) of the Base Indenture and except as further provided in paragraph (b) below. Interest on the December 2012 Additional Notes shall accrue from November 1, 2012. The first interest payment date of the December 2012 Additional Notes shall be May 1, 2013. All December 2012 Additional Notes issued under the Indenture will, when issued, be considered Notes for all purposes thereunder and will be subject to and take the benefit of all of the terms, conditions precedent and provisions of the Indenture. The December 2012 Additional Notes shall be issued in global form in minimum denominations of $2,000 and integral multiples of $ 1,000 in excess thereof in substantially the form of Exhibit A hereto. The terms and provisions of the December 2012 Additional Notes set forth in Exhibit A hereto shall constitute and are expressly made a part of this Seventh Supplemental Indenture. (b) As further permitted under Section 4.2, at any time and from time to time after 2.14(a) of the Initial Closing DateBase Indenture, the Company December 2012 Additional Notes shall issue have different CUSIP and sell ISIN numbers than those of any of the Existing Notes until (A) the Registered Exchange Offer, if required, for the December 2012 Additional Notes is completed pursuant to each Person that executes a counterpart signature page the December 2012 Additional Notes Registration Rights Agreement and the Indenture or (B) the December 2012 Additional Notes are otherwise freely tradable and the restrictive legend has been removed therefrom pursuant to this Agreement in Section 2.7(h) of the form attached hereto as Exhibit B Base Indenture, (individually, an “Additional Purchaser” and collectivelywhichever occurs earlier, the “Additional PurchasersSpecified Time”). At the Specified Time, and each such the portion of the December 2012 Additional Purchaser shall purchase from the Company, an Additional Note Notes represented by Global Notes exchanged in a principal amount to be mutually agreed between such Additional Purchaser and the Company. Each additional issuance, sale and purchase of Additional Notes Registered Exchange Offer as provided described in this Section 2.2 shall take place on a date to be mutually agreed by the Company and such Additional Purchaser clause (each, an “Additional Closing Date”); provided that A) above or freely tradable as described in clause (iB) each Additional Closing Date shall have occurred on or prior to December 31, 2021, (ii) all issuances, sales and purchases of Additional Notes on an Additional Closing Date shall be made on substantially identical terms and conditions as the Initial Notes, shallabove will, to the extent permitted by DTC and applicable law, be fungible for tax purposes consolidated with the Initial Global Note for the Existing Notes and may only be amended pursuant to Section 10.9; (iii) the purchase price of each Additional extent such Global Note shall be increased by for the PIK Interest (as defined in the Note) and Cash Interest (as defined in the Note) that has accrued since the Initial Closing Date on the Initial Notes (it being understood and agreed that interest on all the Notes shall accrue PIK Interest and be payable on the same dates) and (iv) in no event shall the initial aggregate principal amount of all Notes issued hereunder exceed $300,000,000.00. (b) Any December 2012 Additional Notes issued, sold is freely tradable and purchased pursuant to this Section 2.2 shall be deemed to be “Notes” for all purposes under this Agreement. By no later than 11:00 a.m. (New York time) on an Additional Closing Date (i) each Additional Purchaser shall wire transfer same day funds in U.S. dollars, at the Note Agent’s Principal Office, in the amount of such Additional Purchaser’s Additional Note and (ii) the Company shall issue and deliver to each such Additional Purchaser an Additional Note in favor of such Additional Purchaser payable in the principal amount of such Additional Purchaser’s Additional Note. The Schedule of Purchasers may be amended by the Company without the consent of the Purchasers to include any Additional Purchasers upon the execution by such Additional Purchasers of does not have a counterpart signature page hereto in the form attached hereto as Exhibit B.restrictive legend.

The Additional Notes. (a) Subject Pursuant to Section 2.14 of the Indenture, the Company hereby creates $65,000,000 aggregate principal amount of its 11% Senior Notes due 2016. These May 2010 Additional Notes shall constitute a single series with the Company’s Outstanding Notes issued on October 23, 2009 (the “Existing Notes”), to which the May 2010 Additional Notes are identical in all terms and conditions except as to the satisfaction (or waiver in accordance with issue date, the amount of interest payable on the first Interest Payment Date therefore and issue price as permitted under Section 10.92.14(a) of the Indenture and except as further provided in paragraph (b) below. Interest on the May 2010 Additional Notes shall accrue from May 1, 2010. The first interest payment date of the May 2010 Additional Notes shall be November 1, 2010. All May 2010 Additional Notes issued under the Indenture will, when issued, be considered Notes for all purposes thereunder and will be subject to and take the benefit of all of the terms, conditions precedent and provisions of the Indenture. The May 2010 Additional Notes shall be issued in global form in minimum denominations of $2,000 and integral multiples of $1,000 in excess thereof in substantially the form of Exhibit A hereto. The terms and provisions of the May 2010 Additional Notes set forth in Exhibit A hereto shall constitute and are expressly made a part of this Supplemental Indenture. (b) As further permitted under Section 4.2, at any time and from time to time after the Initial Closing Date2.14(a), the Company May 2010 Additional Notes shall issue have different CUSIP and sell ISIN numbers than those of the Existing Notes until (A) the Registered Exchange Offer, if required, for the May 2010 Additional Notes is completed pursuant to each Person that executes a counterpart signature page the May 10 Additional Notes Registration Rights Agreement and the Indenture or (B) the May 2010 Additional Notes are otherwise freely tradable and the restrictive legend has been removed therefrom pursuant to this Agreement in Section 2.7(h) of the form attached hereto as Exhibit B Indenture, (individually, an “Additional Purchaser” and collectivelywhichever occurs earlier, the “Additional PurchasersSpecified Time”). At the Specified Time, and each such the portion of the May 2010 Additional Purchaser shall purchase from the Company, an Additional Note Notes represented by Global Notes exchanged in a principal amount to be mutually agreed between such Additional Purchaser and the Company. Each additional issuance, sale and purchase of Additional Notes Registered Exchange Offer as provided described in this Section 2.2 shall take place on a date to be mutually agreed by the Company and such Additional Purchaser clause (each, an “Additional Closing Date”); provided that A) or freely tradable as described in clause (iB) each Additional Closing Date shall have occurred on or prior to December 31, 2021, (ii) all issuances, sales and purchases of Additional Notes on an Additional Closing Date shall be made on substantially identical terms and conditions as the Initial Notes, shallwill, to the extent permitted by DTC and applicable law, be fungible for tax purposes consolidated with the Initial Global Note for the Existing Notes to the extent such Global Note is freely tradable and may only be amended pursuant to Section 10.9; (iii) the purchase price of each Additional Note shall be increased by the PIK Interest (as defined in the Note) and Cash Interest (as defined in the Note) that has accrued since the Initial Closing Date on the Initial Notes (it being understood and agreed that interest on all the Notes shall accrue PIK Interest and be payable on the same dates) and (iv) in no event shall the initial aggregate principal amount of all Notes issued hereunder exceed $300,000,000.00does not have a restrictive legend. (b) Any Additional Notes issued, sold and purchased pursuant to this Section 2.2 shall be deemed to be “Notes” for all purposes under this Agreement. By no later than 11:00 a.m. (New York time) on an Additional Closing Date (i) each Additional Purchaser shall wire transfer same day funds in U.S. dollars, at the Note Agent’s Principal Office, in the amount of such Additional Purchaser’s Additional Note and (ii) the Company shall issue and deliver to each such Additional Purchaser an Additional Note in favor of such Additional Purchaser payable in the principal amount of such Additional Purchaser’s Additional Note. The Schedule of Purchasers may be amended by the Company without the consent of the Purchasers to include any Additional Purchasers upon the execution by such Additional Purchasers of a counterpart signature page hereto in the form attached hereto as Exhibit B.

The Additional Notes. (a) Subject Pursuant to Section 2.14 of the Base Indenture, the Company hereby creates $55,000,000 aggregate principal amount of its 11% Senior Notes due 2016. These April 2011 Additional Notes shall constitute a single series with the Company’s Outstanding Notes issued on October 23, 2009 and on May 14, 2010 (the “Existing Notes”), to which the April 2011 Additional Notes are identical in all terms and conditions except as to the satisfaction (or waiver in accordance with issue date, the amount of interest payable on the first Interest Payment Date therefore and issue price as permitted under Section 10.92.14(a) of the Base Indenture and except as further provided in paragraph (b) below. Interest on the April 2011 Additional Notes shall accrue from April 19, 2011. The first interest payment date of the April 2011 Additional Notes shall be November 1, 2011. All April 2011 Additional Notes issued under the Indenture will, when issued, be considered Notes for all purposes thereunder and will be subject to and take the benefit of all of the terms, conditions precedent and provisions of the Indenture. The April 2011 Additional Notes shall be issued in global form in minimum denominations of $2,000 and integral multiples of $1,000 in excess thereof in substantially the form of Exhibit A hereto. The terms and provisions of the April 2011 Additional Notes set forth in Exhibit A hereto shall constitute and are expressly made a part of this Third Supplemental Indenture. (b) As further permitted under Section 4.2, at any time and from time to time after 2.14(a) of the Initial Closing DateBase Indenture, the Company April 2011 Additional Notes shall issue have different CUSIP and sell ISIN numbers than those of any of the Existing Notes until (A) the Registered Exchange Offer, if required, for the April 2011 Additional Notes is completed pursuant to each Person that executes a counterpart signature page the April 2011 Additional Notes Registration Rights Agreement and the Indenture or (B) the April 2011 Additional Notes are otherwise freely tradable and the restrictive legend has been removed therefrom pursuant to this Agreement in Section 2.7(h) of the form attached hereto as Exhibit B Base Indenture, (individually, an “Additional Purchaser” and collectivelywhichever occurs earlier, the “Additional PurchasersSpecified Time”). At the Specified Time, and each such the portion of the April 2011 Additional Purchaser shall purchase from the Company, an Additional Note Notes represented by Global Notes exchanged in a principal amount to be mutually agreed between such Additional Purchaser and the Company. Each additional issuance, sale and purchase of Additional Notes Registered Exchange Offer as provided described in this Section 2.2 shall take place on a date to be mutually agreed by the Company and such Additional Purchaser clause (each, an “Additional Closing Date”); provided that A) above or freely tradable as described in clause (iB) each Additional Closing Date shall have occurred on or prior to December 31, 2021, (ii) all issuances, sales and purchases of Additional Notes on an Additional Closing Date shall be made on substantially identical terms and conditions as the Initial Notes, shallabove will, to the extent permitted by DTC and applicable law, be fungible for tax purposes consolidated with the Initial Global Note for the Existing Notes and may only be amended pursuant to Section 10.9; (iii) the purchase price of each Additional extent such Global Note shall be increased by for the PIK Interest (as defined in the Note) and Cash Interest (as defined in the Note) that has accrued since the Initial Closing Date on the Initial Notes (it being understood and agreed that interest on all the Notes shall accrue PIK Interest and be payable on the same dates) and (iv) in no event shall the initial aggregate principal amount of all Notes issued hereunder exceed $300,000,000.00. (b) Any April 2011 Additional Notes issued, sold is freely tradable and purchased pursuant to this Section 2.2 shall be deemed to be “Notes” for all purposes under this Agreement. By no later than 11:00 a.m. (New York time) on an Additional Closing Date (i) each Additional Purchaser shall wire transfer same day funds in U.S. dollars, at the Note Agent’s Principal Office, in the amount of such Additional Purchaser’s Additional Note and (ii) the Company shall issue and deliver to each such Additional Purchaser an Additional Note in favor of such Additional Purchaser payable in the principal amount of such Additional Purchaser’s Additional Note. The Schedule of Purchasers may be amended by the Company without the consent of the Purchasers to include any Additional Purchasers upon the execution by such Additional Purchasers of does not have a counterpart signature page hereto in the form attached hereto as Exhibit B.restrictive legend.

The Additional Notes. (a) Subject to the satisfaction (or waiver in accordance with Section 10.9) of the conditions precedent set forth in Section 4.2, at any time and from time to time after the Initial Closing Date, the Company shall issue and sell to each Person that executes a counterpart signature page to this Agreement in the form attached hereto as Exhibit B (individually, an “Additional Purchaser” and collectively, the “Additional Purchasers”), and each such Additional Purchaser shall purchase from the Company, an Additional Note in a principal amount to be mutually agreed between such Additional Purchaser and the Company. Each additional issuance, sale and purchase of Additional Notes as provided in this Section 2.2 shall take place on a date to be mutually agreed by the Company and such Additional Purchaser (each, an “Additional Closing Date”); provided that (i) each Additional Closing Date shall have occurred on or prior to December 31Xxxxx 00, 20210000, (iixx) all issuances, sales and purchases of Additional Notes on an Additional Closing Date shall be made on substantially identical terms and conditions as the Initial Notes, shall, to the extent permitted by law, be fungible for tax purposes with the Initial Notes and may only be amended pursuant to Section 10.9; (iii) the purchase price of each Additional Note shall be increased by the PIK Interest (as defined in the Note) and Cash Interest (as defined in the Note) that has accrued since the Initial Closing Date on the Initial Notes (it being understood and agreed that interest on all the Notes shall accrue PIK Interest and be payable on the same dates) and (iv) in no event shall the initial aggregate principal amount of all Notes issued hereunder exceed $300,000,000.00215,000,000. (b) Any Additional Notes issued, sold and purchased pursuant to this Section 2.2 shall be deemed to be “Notes” for all purposes under this Agreement. By no later than 11:00 a.m. (New York time) on an Additional Closing Date (i) each Additional Purchaser shall wire transfer same day funds in U.S. dollars, at the Note Agent’s Principal Office, in the amount of such Additional Purchaser’s Additional Note and (ii) the Company shall issue and deliver to each such Additional Purchaser an Additional Note in favor of such Additional Purchaser payable in the principal amount of such Additional Purchaser’s Additional Note. The Schedule of Purchasers may be amended by the Company without the consent of the Purchasers to include any Additional Purchasers upon the execution by such Additional Purchasers of a counterpart signature page hereto in the form attached hereto as Exhibit B.