Common use of TITLE AND TERMS GENERALLY Clause in Contracts

TITLE AND TERMS GENERALLY. The Notes shall be known and designated as the 12% Senior Subordinated Notes due July 1, 2007 of the Company. The maximum aggregate principal amount of Notes to be authenticated and delivered under this Indenture is $11,730,000, excluding accrued interest, except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 304, 305, 306 or 905 hereof. The Stated Maturity of the Notes shall be July 1, 2007, and each Note shall bear interest at the rate of 12% per annum on the outstanding balance, until the principal thereof is paid or made available for payment. The Notes shall be dated as provided in Section 303 hereof, shall bear interest from the Original Interest Accrual Date of such Note, or from the most recent Interest Payment Date to which interest has been paid or duly provided for, as the case may be, payable on each January 1, April 1, July 1 and October 1, commencing on July 1, 2001, until the principal thereof is paid or made available for payment. The Notes shall be subject to mandatory redemption as provided in Article Eleven. The principal of (and premium, if any) and interest on the Notes shall be payable at the office or agency maintained by the Company in St. Xxxx, Minnesota (initially the principal corporate trust office of the Trustee), or in any other city or cities as the Company may maintain additional such offices or agencies pursuant to Section 1002, maintained for such purpose, provided that, at the option of the Company, payment of interest may be made by check mailed to the address of the Person entitled thereto as such address shall appear in the Note Register. The Notes shall be redeemable at the option of the Company as provided in Article Eleven. The Company may, at its option, elect to have any optional redemption applied to the next subsequent mandatory redemption payment. The Company shall notify the Trustee of such election at least 60 days prior to the Redemption Date. The Notes are unsecured obligations of the Company and shall be subordinated in right of payment to Senior Debt of the Company as provided in Article Twelve. The Notes shall be senior in right of payment to all Subordinated Debt. The Notes are an obligation of the Company but not of any Affiliate.

TITLE AND TERMS GENERALLY. The Notes shall be known and designated as the 12___% Senior Subordinated Notes due July 1_____, 2007 2006 of the Company. The maximum aggregate principal amount of Notes to be authenticated and delivered under this Indenture is $11,730,00023,000,000, excluding accrued interest, except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 304, 305, 306 or 905 hereof. The Stated Maturity of the Notes shall be July 1_____, 20072006, and each Note shall bear interest at the rate of 12___% per annum on the outstanding balance, until the principal thereof is paid or made available for payment. The Notes shall be dated as provided in Section 303 hereof, shall bear interest from the Original Interest Accrual Date of such Note, or from the most recent Interest Payment Date to which interest has been paid or duly provided for, as the case may be, payable on each January 1_________ 15, April 1_________ 15, July 1 _________ 15 and October 1_________ 15, commencing on July 1_____ 15, 20012000, until the principal thereof is paid or made available for payment. The Notes shall be subject to mandatory redemption as provided in Article Eleven. The principal of (and premium, if any) and interest on the Notes shall be payable at the office or agency maintained by the Company in St. XxxxNew York, Minnesota New York (initially the principal corporate trust office of the Trustee), or in any other city or cities as the Company may maintain additional such offices or agencies pursuant to Section 1002, maintained for such purpose, provided that, at the option of the Company, payment of interest may be made by check mailed to the address of the Person entitled thereto as such address shall appear in the Note Register. The Notes shall be redeemable at the option of the Company as provided in Article Eleven. The Company may, at its option, elect to have any optional redemption applied to the next subsequent mandatory redemption payment. The Company shall notify the Trustee of such election at least 60 days prior to the Redemption DateDate and shall rank pari passu with all Parity Debt. The Notes are unsecured obligations of the Company and shall be subordinated in right of payment to Senior Debt of the Company as provided in Article TwelveThirteen. The Notes shall be senior in right of payment to all Subordinated Debt. The Notes are an obligation of the Company but not of any AffiliateAffiliate or any other Person.

TITLE AND TERMS GENERALLY. The Notes shall be known and designated as the 1210% Senior Subordinated Notes due July 1, 2007 2004 of the Company. The maximum aggregate principal amount of Notes to be authenticated and delivered under this Indenture is $11,730,00011,500,000, excluding accrued interest, except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 304, 305, 306 or 905 hereof. The Stated Maturity of the Notes shall be July 1, 20072004, and each Note shall bear interest at the rate of 1210% per annum on the outstanding balance, until the principal thereof is paid or made available for payment. The Notes shall be dated as provided in Section 303 hereof, shall bear interest from the Original Interest Accrual Date of such Note, or from the most recent Interest Payment Date to which interest has been paid or duly provided for, as the case may be, payable on each January 1, April 1, July 1 and October 1, commencing on July 1, 20011998, until the principal thereof is paid or made available for payment. The Notes shall be subject to mandatory redemption as provided in Article Eleven. The principal of (and premium, if any) and interest on the Notes shall be payable at the office or agency maintained by the Company in St. Xxxx, Minnesota (initially the principal corporate trust office of the Trustee), or in any other city or cities as the Company may maintain additional such offices or agencies pursuant to Section 1002, maintained for such purpose, provided that, at the option of the Company, payment of interest may be made by check mailed to the address of the Person entitled thereto as such address shall appear in the Note Register. The Notes shall be redeemable at the option of the Company as provided in Article Eleven. The Company may, at its option, elect to have any optional redemption applied to the next subsequent mandatory redemption payment. The Company shall notify the Trustee of such election at least 60 days prior to the Redemption Date. The Notes are unsecured obligations of the Company and shall be subordinated in right of payment to Senior Debt of the Company as provided in Article Twelve. The Notes shall be senior in right of payment to all Subordinated Debt. The Notes are an obligation of the Company but not of any Affiliate.

TITLE AND TERMS GENERALLY. The Notes Debentures shall be known and designated as the 12% Senior Subordinated Notes due July 1, 2007 Debentures of the Company. The maximum aggregate principal amount of Notes Debentures to be authenticated and delivered under this Indenture is $11,730,0003,000,000, excluding accrued interest, except for Notes Debentures authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes Debentures pursuant to Sections 304, 305, 306 306, 905 or 905 1109 hereof. The Stated Maturity of the Notes shall be July 1, 2007, and each Note shall bear interest at the rate of 12% per annum on the outstanding balance, until the principal thereof is paid or made available for payment. The Notes Debentures shall be dated as provided in Section 303 hereof, shall bear interest from the Original Interest Accrual Date of such NoteDebenture, or from the most recent Interest Payment Date to which interest has been paid or duly provided for, as the case may be, payable on each January 1, April 1, July 1, October 1 and October January 1, commencing on July April 1, 20011995, until the principal thereof is paid or made available for payment. , and shall mature on the dates set forth below: Maturity Principal Amount -------- ---------------- January 1, 2001 $600,000 January 1, 2002 600,000 January 1, 2003 600,000 January 1, 2004 600,000 January 1, 2005 600,000 The Notes Debentures shall be subject bear interest at the rate per annum specified in the prospectus (as defined in the Securities Act of 1933) (as such prospectus shall have been amended or supplemented) pursuant to mandatory redemption as provided in Article Elevenwhich such Debentures are sold. The principal of (and premium, if any) and interest on the Notes Debentures shall be payable at the office or agency maintained by the Company in St. XxxxPaul or Minneapolis, Minnesota Minnesota, (initially the principal corporate trust trxxx office of the Trustee), or in any other city or cities as the Company may maintain additional such offices or agencies ) pursuant to Section 1002, maintained for such purpose, provided that, at the option of the Company, payment of interest may be made by check mailed to the address of the Person entitled thereto as such address shall appear in the Note Register. The Notes Debentures shall be redeemable at the option of the Company as provided in Article Eleven. The Company may, at its option, elect to have any optional redemption applied to the next subsequent mandatory redemption payment. The Company shall notify the Trustee of such election at least 60 days prior to the Redemption Date. The Notes Debentures are unsecured obligations of the Company and shall be subordinated in right of payment to Senior Debt of the Company as provided in Article Twelve. The Notes Debentures shall be equal in right of payment to certain Indebtedness of the Company defined as Parity Debt. The Debentures shall be senior in right of payment to all Subordinated Debt. The Notes Debentures are an obligation of the Company but not of any Affiliateaffiliate.

TITLE AND TERMS GENERALLY. The Notes shall be known and designated as the 1212 1/2% Senior Subordinated Notes due July 1June 15, 2007 2006 of the Company. The maximum aggregate principal amount of Notes to be authenticated and delivered under this Indenture is $11,730,00013,800,000, excluding accrued interest, except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 304, 305, 306 or 905 hereof. The Stated Maturity of the Notes shall be July 1June 15, 20072006, and each Note shall bear interest at the rate of 1212 1/2% per annum on the outstanding balance, until the principal thereof is paid or made available for payment. The Notes shall be dated as provided in Section 303 hereof, shall bear interest from the Original Interest Accrual Date of such Note, or from the most recent Interest Payment Date to which interest has been paid or duly provided for, as the case may be, payable on each January 1September, April 1December, July 1 March and October 1, June commencing on July 1June 15, 20012000, until the principal thereof is paid or made available for payment. The Notes shall be subject to mandatory redemption as provided in Article Eleven. The principal of (and premium, if any) and interest on the Notes shall initially be payable at the office or agency maintained by the Company in St. Xxxx, Minnesota (initially the principal corporate trust office of the Trustee)Trustee or agency maintained by the Trustee in New York, or New York, or, to the extent that the Note has been reissued to Holders in any other city or cities as the Company may maintain additional such offices or agencies pursuant to Section 1002certificated form, maintained for such purpose, provided that, then at the option of the Company, payment of interest may be made by wire or by check mailed to the address of the Person entitled thereto as such address shall appear in the Note Register. The Notes shall be redeemable at the option of the Company as provided in Article Eleven. The Company may, at its option, elect to have any optional redemption applied to the next subsequent mandatory redemption payment. The Company shall notify the Trustee of such election at least 60 days prior to the Redemption DateDate and shall rank pari passu with all Parity Debt. The Notes are unsecured obligations of the Company and shall be subordinated in right of payment to Senior Debt of the Company as provided in Article TwelveThirteen. The Notes shall be senior in right of payment to all Subordinated Debt. The Notes are an obligation of the Company but not of any AffiliateAffiliate or any other Person.

TITLE AND TERMS GENERALLY. The Notes shall be known and designated as the 12% Senior Subordinated Notes due July 1, 2007 of the Company. The maximum aggregate principal amount of Notes to Debentures which may be authenticated and delivered under this Indenture is limited to $11,730,000, excluding accrued interest7,000,000, except for Notes Debentures authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, of other Notes Debentures pursuant to Sections Section 304, 305, 306 306, or 905 hereof905. Forthwith upon the execution and delivery of this Indenture, or from time to time thereafter, Debentures up to a maximum aggregate principal amount of $7,000,000 may be executed by the Company and delivered to the Trustee for authentication, and shall thereupon be authenticated and delivered by the Trustee upon Company Order, without any further action by the Company. The Debentures shall be known and designated as the 11% Mandatory Redemption Debentures of the Company. The Stated Maturity of the Notes Debentures shall be July 1March 15, 20072005, and each Note Debenture shall bear interest at the rate of 1211% per annum on the outstanding balance, until the principal thereof is paid or made available for payment. The Notes Debentures shall be dated as provided in Section 303 hereof, shall bear interest from the Original Interest Accrual Date of such NoteDebenture, or from the most recent Interest Payment Date to which interest has been paid or duly provided for, as the case may be, payable on each January 1December 15, April 1March 15, July 1 June 15 and October 1December 15, commencing on July 1March 15, 20011998, until the principal thereof is paid or made available for payment. The Notes Debentures shall be subject to mandatory redemption as provided in Article Eleven. The Debentures shall be redeemable at the option of the Company as provided in Article Eleven. The principal of (and premium, if any) and interest on the Notes Debentures shall be payable at the office or agency maintained by the Company in St. XxxxMinneapolis, Minnesota (initially the principal corporate trust office of the Trustee), or in any other city or cities as the Company may maintain additional such offices or agencies pursuant to Section 1002, maintained for such purpose, provided that, at the option of the Company, payment of interest may be made by check mailed to the address of the Person entitled thereto as such address shall appear in the Note Debenture Register. The Notes shall be redeemable at the option of the Company as provided in Article Eleven. The Company may, at its option, elect to have any optional redemption applied to the next subsequent mandatory redemption payment. The Company shall notify the Trustee of such election at least 60 days prior to the Redemption Date. The Notes Debentures are unsecured obligations of the Company and shall be subordinated in right of payment to Senior Debt of the Company as provided in Article TwelveCompany. The Notes Debentures shall be senior in right of payment to all Subordinated Debt. The Notes Debentures are an obligation of the Company but not of any Affiliate.

TITLE AND TERMS GENERALLY. The Notes shall be known and designated as the 12% Senior Subordinated Notes due July 1, 2007 of the Company. The maximum aggregate principal amount of Notes to Debentures which may be authenticated and delivered under this Indenture is limited to $11,730,000, excluding accrued interest7,000,000, except for Notes Debentures authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, of other Notes Debentures pursuant to Sections Section 304, 305, 306 306, or 905 hereof905. Forthwith upon the execution and delivery of this Indenture, or from time to time thereafter, Debentures up to a maximum aggregate principal amount of $7,000,000 may be executed by the Company and delivered to the Trustee for authentication, and shall thereupon be authenticated and delivered by the Trustee upon Company Order, without any further action by the Company. The Debentures shall be known and designated as the % Mandatory Redemption Debentures of the Company. The Stated Maturity of the Notes Debentures shall be July 1March 15, 20072005, and each Note Debenture shall bear interest at the rate of 12% per annum on the outstanding balance, until the principal thereof is paid or made available for payment. The Notes Debentures shall be dated as provided in Section 303 hereof, shall bear interest from the Original Interest Accrual Date of such NoteDebenture, or from the most recent Interest Payment Date to which interest has been paid or duly provided for, as the case may be, payable on each January 1December 15, April 1March 15, July 1 June 15 and October 1December 15, commencing on July 1March 15, 20011998, until the principal thereof is paid or made available for payment. The Notes Debentures shall be subject to mandatory redemption as provided in Article Eleven. The Debentures shall be redeemable at the option of the Company as provided in Article Eleven. The principal of (and premium, if any) and interest on the Notes Debentures shall be payable at the office or agency maintained by the Company in St. XxxxMinneapolis, Minnesota (initially the principal corporate trust office of the Trustee), or in any other city or cities as the Company may maintain additional such offices or agencies pursuant to Section 1002, maintained for such purpose, provided that, at the option of the Company, payment of interest may be made by check mailed to the address of the Person entitled thereto as such address shall appear in the Note Debenture Register. The Notes shall be redeemable at the option of the Company as provided in Article Eleven. The Company may, at its option, elect to have any optional redemption applied to the next subsequent mandatory redemption payment. The Company shall notify the Trustee of such election at least 60 days prior to the Redemption Date. The Notes Debentures are unsecured obligations of the Company and shall be subordinated in right of payment to Senior Debt of the Company as provided in Article TwelveCompany. The Notes Debentures shall be senior in right of payment to all Subordinated Debt. The Notes Debentures are an obligation of the Company but not of any Affiliate.

TITLE AND TERMS GENERALLY. The Notes shall be known and designated as the 1210% Senior Subordinated Notes due July 1, 2007 2004 of the Company. The maximum aggregate principal amount of Notes to be authenticated and delivered under this Indenture is $11,730,00013,800,000, excluding accrued interest, except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 304, 305, 306 or 905 hereof. The Stated Maturity of the Notes shall be July 1, 20072004, and each Note shall bear interest at the rate of 1210% per annum on the outstanding balance, until the principal thereof is paid or made available for payment. The Notes shall be dated as provided in Section 303 hereof, shall bear interest from the Original Interest Accrual Date of such Note, or from the most recent Interest Payment Date to which interest has been paid or duly provided for, as the case may be, payable on each January 1, April 1, July 1 and October 1, commencing on July October 1, 20011998, until the principal thereof is paid or made available for payment. The Notes shall be subject to mandatory redemption as provided in Article Eleven. The principal of (and premium, if any) and interest on the Notes shall be payable at the office or agency maintained by the Company in St. Xxxx, Minnesota (initially the principal corporate trust office of the Trustee), or in any other city or cities as the Company may maintain additional such offices or agencies pursuant to Section 1002, maintained for such purpose, provided that, at the option of the Company, payment of interest may be made by check mailed to the address of the Person entitled thereto as such address shall appear in the Note Register. The Notes shall be redeemable at the option of the Company as provided in Article Eleven. The Company may, at its option, elect to have any optional redemption applied to the next subsequent mandatory redemption payment. The Company shall notify the Trustee of such election at least 60 days prior to the Redemption Date. The Notes are unsecured obligations of the Company and shall be subordinated in right of payment to Senior Debt of the Company as provided in Article Twelve. The Notes shall be senior in right of payment to all Subordinated Debt. The Notes are an obligation of the Company but not of any Affiliate.

TITLE AND TERMS GENERALLY. The Notes Debentures shall be known and designated as the 129% Senior Convertible Subordinated Notes Debentures due July 1June ____, 2007 2005 of the Company. The maximum aggregate principal amount of Notes Debentures to be authenticated and delivered under this Indenture is limited to $11,730,0006,000,000, excluding accrued interest, except for Notes Debentures authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes Debentures pursuant to Sections 304, 305, 306 or 905 306, 906, 1202, and 1302(b) hereof. The Stated Maturity of the Notes Debentures shall be July 1June 15, 20072005, and each Note Debenture shall bear interest at the rate of 129% per annum on the outstanding balance, until the principal thereof is paid or made available for payment. The Notes Debentures shall be dated as provided in Section 303 hereof, shall bear interest from the Original Interest Accrual Date of such NoteDebenture, or from the most recent Interest Payment Date to which interest has been paid or duly provided for, as the case may be, payable on each January 1March 15, April 1June 15, July 1 September 15 and October 1December 15, commencing on July 1September 15, 20011999, until the principal thereof is paid or made available for payment. The Notes shall be subject to mandatory redemption as provided in Article Eleven. The principal of (and premium, if any) and interest on the Notes Debentures shall be payable at the office or agency maintained by the Company in St. XxxxMinneapolis, Minnesota (initially the principal corporate trust office of the Trustee), or in any other city or cities as the Company may maintain additional such offices or agencies pursuant to Section 1002, maintained for such purpose, provided that, at the option of the Company, payment of interest may be made by check mailed to the address of the Person entitled thereto as such address shall appear in the Note Debenture Register. The Notes Debentures shall be redeemable at the option of subject to optional redemption by the Company as provided in Article Eleven. The Debentures shall be repurchased by the Company mayif required by the Holder thereof, at its option, elect to have any optional redemption applied to the next subsequent mandatory redemption paymentas provided in Article Twelve. The Company Debentures shall notify the Trustee of such election at least 60 days prior to the Redemption Datebe convertible as provided in Article Thirteen. The Notes Debentures are unsecured obligations of the Company and shall be subordinated in right of payment to Senior Debt of the Company as provided in Article TwelveFourteen. The Notes Debentures shall be equal in right of payment to certain Indebtedness of the Company defined as Parity Debt. The Debentures shall be senior in right of payment to all Subordinated Debt. The Notes Debentures are an obligation of the Company but not of any Affiliate.

TITLE AND TERMS GENERALLY. The Notes shall be known and designated as the 12___% Senior Subordinated Notes due July 1_____, 2007 2006 of the Company. The maximum aggregate principal amount of Notes to be authenticated and delivered under this Indenture is $11,730,00013,800,000, excluding accrued interest, except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 304, 305, 306 or 905 hereof. The Stated Maturity of the Notes shall be July 1_____, 20072006, and each Note shall bear interest at the rate of 12___% per annum on the outstanding balance, until the principal thereof is paid or made available for payment. The Notes shall be dated as provided in Section 303 hereof, shall bear interest from the Original Interest Accrual Date of such Note, or from the most recent Interest Payment Date to which interest has been paid or duly provided for, as the case may be, payable on each January 1_________ 15, April 1_________ 15, July 1 _________ 15 and October 1_________ 15, commencing on July 1_____ 15, 20012000, until the principal thereof is paid or made available for payment. The Notes shall be subject to mandatory redemption as provided in Article Eleven. The principal of (and premium, if any) and interest on the Notes shall be payable at the office or agency maintained by the Company in St. XxxxNew York, Minnesota New York (initially the principal corporate trust office of the Trustee), or in any other city or cities as the Company may maintain additional such offices or agencies pursuant to Section 1002, maintained for such purpose, provided that, at the option of the Company, payment of interest may be made by check mailed to the address of the Person entitled thereto as such address shall appear in the Note Register. The Notes shall be redeemable at the option of the Company as provided in Article Eleven. The Company may, at its option, elect to have any optional redemption applied to the next subsequent mandatory redemption payment. The Company shall notify the Trustee of such election at least 60 days prior to the Redemption DateDate and shall rank pari passu with all Parity Debt. The Notes are unsecured obligations of the Company and shall be subordinated in right of payment to Senior Debt of the Company as provided in Article TwelveThirteen. The Notes shall be senior in right of payment to all Subordinated Debt. The Notes are an obligation of the Company but not of any AffiliateAffiliate or any other Person.