Common use of Title and Terms; Payments Clause in Contracts

Title and Terms; Payments. The aggregate principal amount of Initial Securities that may be authenticated and delivered under this Indenture is limited to $165,000,000 and the aggregate principal amount of Additional Securities is unlimited, except for Securities authenticated and delivered upon registration or transfer of, or in exchange for, or in lieu of, other Securities pursuant to Sections 3.05, 3.06, 3.07, 3.10, 5.05 or 7.07. The Initial Securities shall be issued as Unrestricted Securities without any restriction on transfer under the U.S. federal securities laws in reliance on an effective registration statement on Form S-4. The Securities shall be known and designated as the “7.5% Convertible Senior Notes due 2017” of the Company. The principal amount shall be payable at the Maturity Date. The principal amount of, and interest on, Global Securities registered in the name of the Depositary or its nominee shall be paid by wire transfer in immediately available funds to the Depositary or its nominee, as applicable. The principal amount of Physical Securities shall be payable in cash at the Corporate Trust Office and at any other office or agency maintained by the Company for such purpose. Interest on Physical Securities will be payable (i) to Holders having an aggregate principal amount of $1,000,000 or less of Securities, by check mailed to such Holders at the address set forth in the Security Register and (ii) to Holders having an aggregate principal amount of more than $1,000,000 of Securities, either by check mailed to such Holders or, upon application by a Holder to the Security Registrar not later than the relevant Regular Record Date for such interest payment, by wire transfer in immediately available funds to such Xxxxxx’s account within the United States, which application shall remain in effect until the Holder notifies the Security Registrar to the contrary in writing.

Title and Terms; Payments. The aggregate principal amount Principal Amount of Initial Securities that may be authenticated and delivered under this Indenture is initially limited to $165,000,000 125,000,000, subject to Section 2.11 and the aggregate principal amount of Additional Securities is unlimited, except for Securities authenticated and delivered upon registration or transfer of, or in exchange for, or in lieu of, other Securities pursuant to Sections 3.05Section 2.04, 3.062.05, 3.072.06, 3.106.06, 5.05 7.05 or 7.07. The Initial Securities shall be issued as Unrestricted Securities without any restriction on transfer under the U.S. federal securities laws in reliance on an effective registration statement on Form S-414.07. The Securities shall be known and designated as the “7.55.75% Junior Subordinated Convertible Senior Notes Debentures due 20172029” of the Company. The principal amount Principal Amount shall be payable at the Maturity DateStated Maturity. The principal amount of, Securities shall not have the benefit of a sinking fund. The Securities shall be subordinated to all Senior Debt of the Company. The Principal Amount of and interest on, on Global Securities registered in the name of the Depositary The Depository Trust Company or its nominee shall be paid by wire transfer in immediately available funds to the Depositary The Depository Trust Company or its nominee, as applicable. The principal amount Principal Amount of Physical Securities shall be payable in cash at the Corporate Trust Office and at any other office or agency of the Company maintained by the Company it for such purposepurpose pursuant to Section 5.02. Interest on Physical Securities will be payable (i) to Holders having an aggregate principal amount Principal Amount of $1,000,000 5,000,000 or less of Securitiesless, by check mailed to such Holders at the address set forth in the Security Register and (ii) to Holders having an aggregate principal amount Principal Amount of more than $1,000,000 of Securities5,000,000, either by check mailed to such Holders or, upon application by a Holder to the Security Registrar not later than the relevant Regular Record Date for such interest payment, by wire transfer in immediately available funds to such XxxxxxHolder’s account within the United States, which application shall remain in effect until the Holder notifies notifies, in writing, the Security Registrar to the contrary contrary. The aggregate Principal Amount of any Global Security may from time to time be increased or decreased by adjustments made on the records of the Trustee, as custodian for the Depositary, as set forth on the “Schedule of Exchanges of Securities” in writingSchedule A thereto, in accordance with the procedures of the Depositary.

Title and Terms; Payments. The aggregate principal amount Principal Amount of Initial Securities that may be authenticated and delivered under this Supplemental Indenture is initially limited to $165,000,000 and 85,000,000 (up to $97,500,000 if the aggregate principal amount of Additional Securities underwriters’ option set forth in the Underwriting Agreement is unlimitedexercised in full), except for Securities authenticated and delivered upon registration or transfer of, or in exchange for, or in lieu of, other Securities pursuant to Sections 3.05304, 3.06, 3.07, 3.10, 5.05 or 7.07. The Initial Securities shall be issued as Unrestricted Securities without any restriction on transfer under 305 and 306 of the U.S. federal securities laws in reliance on an effective registration statement on Form S-4Base Indenture and Section 4.05 of this Supplemental Indenture. The Securities shall be known and designated as the “7.56.00% Convertible Senior Subordinated Notes due 20172012” of the Company. The principal amount Principal Amount shall be payable at the Maturity DateStated Maturity. The principal amount of, Principal Amount of and interest on, on Global Securities registered in the name of the Depositary The Depository Trust Company or its nominee shall be paid by wire transfer in immediately available funds to the Depositary The Depository Trust Company or its nominee, as applicable, as the registered Holder of such Global Security. The principal amount Principal Amount of Physical Securities shall be payable in cash at the Corporate Trust Office and at any other office or agency maintained by the Company for such purpose. Interest on Physical Securities will shall be payable (i) to Holders having an aggregate principal amount Principal Amount of $1,000,000 or less of Securities, by check mailed to such Holders at the address set forth in the Security Register and (ii) to Holders having an aggregate principal amount Principal Amount of more than $1,000,000 of Securities, either by check mailed to such Holders or, upon application by a Holder to the Security Registrar not later than the relevant Regular Record Date for such interest payment, by wire transfer in immediately available funds to such XxxxxxHolder’s account within the United States, which application shall remain in effect until the Holder notifies notifies, in writing, the Security Registrar to the contrary in writingcontrary. If any Interest Payment Date (other than an Interest Payment Date coinciding with Stated Maturity or earlier Fundamental Change Purchase Date) of a Security falls on a day that is not a Business Day, such Interest Payment Date shall be postponed to the next succeeding Business Day and no interest on the payment of interest to be made on such Interest Payment Date shall accrue from and after such day that is not a Business Day to such next succeeding Business Day. If Stated Maturity or earlier Fundamental Change Purchase Date would fall on a day that is not a Business Day, the required payment of interest, if any, and Principal Amount shall be made on the next succeeding Business Day and no interest on such payment shall accrue for the period from and after Stated Maturity or earlier Fundamental Change Purchase Date to such next succeeding Business Day. If a Record Date is not a Business Day, the Record Date shall be unaffected.

Title and Terms; Payments. The aggregate principal amount Principal Amount of Initial Securities that may be authenticated and delivered under this Indenture is initially limited to $165,000,000 and the aggregate principal amount of Additional Securities is unlimited300,000,000, except for Securities authenticated and delivered upon registration or transfer of, or in exchange for, or in lieu of, other Securities pursuant to Sections 3.05, 3.06, 3.07, 3.10, 5.05 3.07 or 7.07. The Initial Securities shall be issued as Unrestricted Securities without any restriction on transfer under the U.S. federal securities laws in reliance on an effective registration statement on Form S-45.05. The Securities shall be known and designated as the “7.52.125% Convertible Senior Subordinated Notes due 2017Due 2014” of the Company. The principal amount Principal Amount shall be payable at the Maturity DateStated Maturity. The principal amount of, Principal Amount of and interest on, (including any Additional Interest) on Global Securities registered in the name of the Depositary or its nominee shall be paid by wire transfer in immediately available funds to the Depositary or its nominee, as applicable, as the registered Holder of such Global Security. The principal amount Principal Amount of Physical Securities shall be payable in cash at the Corporate Trust Office and at any other office or agency maintained by the Company for such purpose. Interest (including Additional Interest, if any) on Physical Securities will be payable (i) to Holders having an aggregate principal amount Principal Amount of $1,000,000 5,000,000 or less of Securities, by check mailed to such Holders at the address set forth in the Security Register and (ii) to Holders having an aggregate principal amount Principal Amount of more than $1,000,000 5,000,000 of Securities, either by check mailed to such Holders or, upon application by a Holder to the Security Registrar not later than the relevant Regular Record Date for such interest payment, by wire transfer in immediately available funds to such Xxxxxx’s account within the United States, which application shall remain in effect until the Holder notifies notifies, in writing, the Security Registrar to the contrary in writingcontrary. If any Interest Payment Date (other than an Interest Payment Date coinciding with Stated Maturity or earlier Fundamental Change Purchase Date) of a Security falls on a day that is not a Business Day, such Interest Payment Date shall be postponed to the next succeeding Business Day. If Stated Maturity or earlier Fundamental Change Purchase Date would fall on a day that is not a Business Day, the required payment of interest, if any, and Principal Amount (and Additional Interest, if any), shall be made on the next succeeding Business Day and no interest on such payment shall accrue for the period from and after Stated Maturity or earlier Fundamental Change Purchase Date to such next succeeding Business Day. If a Record Date is not a Business Day, the Record Date will be unaffected.

Title and Terms; Payments. The aggregate principal amount of Initial Securities that may will be initially authenticated and delivered under on the date of this Indenture is limited to $165,000,000 and the aggregate principal amount of Additional Securities is unlimited287,500,000, except for not including Securities authenticated and delivered upon registration or transfer of, or in exchange for, or in lieu of, other Securities pursuant to Sections 2.05, 3.04, 3.05, 3.06, 3.07, 3.10, 5.05 6.05 or 7.0713.07. The Company may, from time to time after the execution of this Indenture, execute and deliver to the Trustee for authentication Additional Securities of an unlimited aggregate principal amount, and the Trustee shall thereupon authenticate and deliver said Additional Securities to or upon the written order of the Company, without any further action by the Company hereunder; provided however that the Company may issue Additional Securities only if: (1) such Additional Securities and Initial Securities shall be issued are treated as Unrestricted Securities without any restriction on transfer under the fungible for purposes of U.S. federal securities laws in reliance on income tax laws; (2) such Additional Securities have the same CUSIP number as the Initial Securities; and (3) the Trustee receives an effective registration statement on Form S-4Officer’s Certificate to the effect that such issuance of Additional Securities complies with the provisions of this Indenture, including each provision of this paragraph. The Securities shall be known and designated as the “7.52.5% Convertible Senior Notes due 20172015” of the Company. The principal amount shall be payable at the Maturity DateStated Maturity. The principal amount of, of and interest on, Interest on Global Securities registered in the name of the Depositary The Depository Trust Company or its nominee shall be paid by wire transfer in immediately available funds to the Depositary The Depository Trust Company or its nominee, as applicable. The principal amount of Physical Securities shall be payable in cash at the Corporate Trust Office and at any other office or agency maintained by the Company for such purpose. Interest on Physical Securities will be payable (i) to Holders having an aggregate principal amount of $1,000,000 5,000,000 or less of Securities, by check mailed to such Holders at the address set forth in the Security Register and (ii) to Holders having an aggregate principal amount of more than $1,000,000 5,000,000 of Securities, either by check mailed to such Holders or, upon written application by a Holder to the Security Registrar not later than the relevant Regular Record Date for such interest Interest payment, by wire transfer in immediately available funds to such Xxxxxx’s account within the United States, which application shall remain in effect until the Holder notifies the Security Registrar to the contrary in writing.

Title and Terms; Payments. The aggregate principal amount Principal Amount of Initial Securities that may be authenticated and delivered under this Indenture is initially limited to $165,000,000 and the aggregate principal amount of Additional Securities is unlimited110,000,000, except for Securities authenticated and delivered upon registration or transfer of, or in exchange for, or in lieu of, other Securities pursuant to Sections 2.05, 3.05, 3.06, 3.07, 3.10, 5.05 3.07 or 7.07. The Initial Securities shall be issued as Unrestricted Securities without any restriction on transfer under the U.S. federal securities laws in reliance on an effective registration statement on Form S-45.05. The Securities shall be known and designated as the “7.53.00% Convertible Senior Subordinated Notes due 20172011” of the Company. The principal amount Principal Amount shall be payable at the Maturity DateStated Maturity. The principal amount of, Principal Amount of and interest on, (including any Additional Interest) on Global Securities registered in the name of the Depositary The Depository Trust Company or its nominee shall be paid by wire transfer in immediately available funds to the Depositary The Depository Trust Company or its nominee, as applicable, as the registered Holder of such Global Security. The principal amount Principal Amount of Physical Securities shall be payable in cash at the Corporate Trust Office and at any other office or agency maintained by the Company for such purpose. Interest on Physical Securities will be payable (i) to Holders having an aggregate principal amount Principal Amount of $1,000,000 or less of Securities, by check mailed to such Holders at the address set forth in the Security Register and (ii) to Holders having an aggregate principal amount Principal Amount of more than $1,000,000 of Securities, either by check mailed to such Holders or, upon application by a Holder to the Security Registrar not later than the relevant Regular Record Date for such interest payment, by wire transfer in immediately available funds to such XxxxxxHxxxxx’s account within the United States, which application shall remain in effect until the Holder notifies notifies, in writing, the Security Registrar to the contrary in writingcontrary. If any Interest Payment Date (other than an Interest Payment Date coinciding with Stated Maturity or earlier Fundamental Change Purchase Date) of a Security falls on a day that is not a Business Day, such Interest Payment Date shall be postponed to the next succeeding Business Day. If Stated Maturity or earlier Fundamental Change Purchase Date would fall on a day that is not a Business Day, the required payment of interest, if any, and Principal Amount (and Additional Interest, if any), shall be made on the next succeeding Business Day and no interest on such payment shall accrue for the period from and after Stated Maturity or earlier Fundamental Change Purchase Date to such next succeeding Business Day. If a Record Date is not a Business Day, the Record Date will be unaffected.

Title and Terms; Payments. The aggregate principal amount of Initial Securities that may be authenticated and delivered under this Indenture is limited to $165,000,000 [140,000,000] and the aggregate principal amount of Additional Securities is unlimited, except for Securities authenticated and delivered upon registration or transfer of, or in exchange for, or in lieu of, other Securities pursuant to Sections 3.05, 3.06, 3.07, 3.10, 5.05 or 7.07. The Initial Securities shall be issued as Unrestricted Securities without any restriction on transfer under the U.S. federal securities laws in reliance on an effective registration statement on Form S-4. The Securities shall be known and designated as the “7.54% Convertible Senior Notes due 2017Subordinated Additional Cash Notes” of the Company. The principal amount shall be payable at the Maturity Date. The principal amount of, and interest on, Global Securities registered in the name of the Depositary or its nominee shall be paid by wire transfer in immediately available funds to the Depositary or its nominee, as applicable. The principal amount of Physical Securities shall be payable in cash at the Corporate Trust Office and at any other office or agency maintained by the Company for such purpose. Interest on Physical Securities will be payable (i) to Holders having an aggregate principal amount of $1,000,000 or less of Securities, by check mailed to such Holders at the address set forth in the Security Register and (ii) to Holders having an aggregate principal amount of more than $1,000,000 of Securities, either by check mailed to such Holders or, upon application by a Holder to the Security Registrar not later than the relevant Regular Record Date for such interest payment, by wire transfer in immediately available funds to such XxxxxxHolder’s account within the United States, which application shall remain in effect until the Holder notifies the Security Registrar to the contrary in writing. There are no provisions for payment of Defaulted Interest on the Securities. Accordingly, Section 3.7 of the Original Indenture shall not apply with respect to the Securities.

Title and Terms; Payments. The aggregate principal amount of Initial Securities that may be authenticated and delivered under this Indenture is limited to $165,000,000 [140,000,000] and the aggregate principal amount of Additional Securities is unlimited, except for Securities authenticated and delivered upon registration or transfer of, or in exchange for, or in lieu of, other Securities pursuant to Sections 3.05, 3.06, 3.07, 3.10, 5.05 or 7.07. The Initial Securities shall be issued as Unrestricted Securities without any restriction on transfer under the U.S. federal securities laws in reliance on an effective registration statement on Form S-4S-4 or Form S-3, as applicable. The Securities shall be known and designated as the “7.54% Convertible Senior Subordinated Additional Cash Notes due 20172010” of the Company. The principal amount shall be payable at the Maturity Date. The principal amount of, and interest on, Global Securities registered in the name of the Depositary or its nominee shall be paid by wire transfer in immediately available funds to the Depositary or its nominee, as applicable. The principal amount of Physical Securities shall be payable in cash at the Corporate Trust Office and at any other office or agency maintained by the Company for such purpose. Interest on Physical Securities will be payable (i) to Holders having an aggregate principal amount of $1,000,000 or less of Securities, by check mailed to such Holders at the address set forth in the Security Register and (ii) to Holders having an aggregate principal amount of more than $1,000,000 of Securities, either by check mailed to such Holders or, upon application by a Holder to the Security Registrar not later than the relevant Regular Record Date for such interest payment, by wire transfer in immediately available funds to such XxxxxxHolder’s account within the United States, which application shall remain in effect until the Holder notifies the Security Registrar to the contrary in writing. There are no provisions for payment of Defaulted Interest on the Securities. Accordingly, Section 3.7 of the Original Indenture shall not apply with respect to the Securities.

Title and Terms; Payments. The aggregate principal amount Principal Amount of Initial Securities that may be authenticated and delivered under this Indenture is initially limited to $165,000,000 and the aggregate principal amount of Additional Securities is unlimited150,000,000, except for Securities authenticated and delivered upon registration or transfer of, or in exchange for, or in lieu of, other Securities pursuant to Sections 2.05, 3.05, 3.06, 3.07, 3.10, 5.05 3.07 or 7.07. The Initial Securities shall be issued as Unrestricted Securities without any restriction on transfer under the U.S. federal securities laws in reliance on an effective registration statement on Form S-45.05. The Securities shall be known and designated as the “7.5"3% Convertible Senior Subordinated Notes due 2017” 2016" of the Company. The principal amount Principal Amount shall be payable at the Maturity DateStated Maturity. The principal amount of, Principal Amount of and interest on, (including any Additional Interest) on Global Securities registered in the name of the Depositary or held by The Depository Trust Company or its nominee shall be paid by wire transfer in immediately available funds to the Depositary The Depository Trust Company or its nominee, as applicable, as the registered Holder of such Global Security. The principal amount Principal Amount of Physical Securities shall be payable in cash at the Corporate Trust Office and at any other office or agency maintained by the Company for such purpose. Interest (including Additional Interest, if any) on Physical Securities will be payable (i) to Holders having an aggregate principal amount Principal Amount of $1,000,000 5,000,000 or less of Securities, by check mailed to such Holders at the address set forth in the Security Register and (ii) to Holders having an aggregate principal amount Principal Amount of more than $1,000,000 5,000,000 of Securities, either by check mailed to such Holders or, upon application by a Holder to the Security Registrar not later than the relevant Regular Record Date for such interest payment, by wire transfer in immediately available funds to such Xxxxxx’s Holder's account within the United States, which application shall remain in effect until the Holder notifies notifies, in writing, the Security Registrar to the contrary in writingcontrary. If any Interest Payment Date (other than an Interest Payment Date coinciding with Stated Maturity or earlier Repurchase Date) of a Security falls on a day that is not a Business Day, such Interest Payment Date shall be postponed to the next succeeding Business Day. If Stated Maturity or earlier Repurchase Date would fall on a day that is not a Business Day, the required payment of interest, if any, and Principal Amount (and Additional Interest, if any), shall be made on the next succeeding Business Day and no interest on such payment shall accrue for the period from and after Stated Maturity or earlier Repurchase Date to such next succeeding Business Day. If a Record Date is not a Business Day, the Record Date will be unaffected.

Title and Terms; Payments. The aggregate principal amount of Initial Securities that may will be initially authenticated and delivered under on the date of this Indenture is limited to $165,000,000 and the aggregate principal amount of Additional Securities is unlimited488,750,000, except for not including Securities authenticated and delivered upon registration or transfer of, or in exchange for, or in lieu of, other Securities pursuant to Sections 2.05, 3.04, 3.05, 3.06, 3.07, 3.10, 5.05 6.05 or 7.0713.06. The Company may, from time to time after the execution of this Indenture, execute and deliver to the Trustee for authentication Additional Securities of an unlimited aggregate principal amount, and the Trustee shall thereupon authenticate and deliver said Additional Securities to or upon the written order of the Company, without any further action by the Company hereunder; provided however that (1) if such Additional Securities and Initial Securities shall be issued are not treated as Unrestricted Securities without any restriction on transfer under the fungible for purposes of U.S. federal securities laws in reliance on income tax laws, such Additional Securities shall have one or more separate CUSIP numbers; and (2) the Trustee shall receive an effective registration statement on Form S-4Officer’s Certificate to the effect that such issuance of Additional Securities complies with the provisions of this Indenture, including each provision of this paragraph. The Securities shall be known and designated as the “7.50.50% Convertible Senior Notes due 20172018” of the Company. The principal amount shall be payable at the Maturity DateStated Maturity. The principal amount of, of and interest on, Interest on Global Securities registered in the name of the Depositary The Depository Trust Company or its nominee shall be paid by wire transfer in immediately available funds to the Depositary The Depository Trust Company or its nominee, as applicable. The principal amount of Physical Securities shall be payable in cash at the Corporate Trust Office and at any other office or agency maintained by the Company for such purpose. Interest on Physical Securities will be payable (i) to Holders having an aggregate principal amount of $1,000,000 5,000,000 or less of Securities, by check mailed to such Holders at the address set forth in the Security Register and (ii) to Holders having an aggregate principal amount of more than $1,000,000 5,000,000 of Securities, either by check mailed to such Holders or, upon written application by a Holder to the Security Registrar not later than the relevant Regular Record Date for such interest Interest payment, by wire transfer in immediately available funds to such Xxxxxx’s account within the United States, which application shall remain in effect until the Holder notifies the Security Registrar to the contrary in writing.

Title and Terms; Payments. The aggregate principal amount Principal Amount of Initial Securities that may be authenticated and delivered under this Indenture is initially limited to $165,000,000 and the aggregate principal amount of Additional Securities is unlimited100,000,000, except for Securities authenticated and delivered upon registration or transfer of, or in exchange for, or in lieu of, other Securities pursuant to Sections 3.05, 3.06, 3.07, 3.10, 5.05 5.06 or 7.077.05. The Company may, from time to time after the execution of this Indenture, execute and deliver to the Trustee for authentication Additional Securities of an unlimited aggregate Principal Amount, and the Trustee shall thereupon authenticate and deliver said Additional Securities to or upon the written order of the Company, without any further action by the Company hereunder; provided however that the Company may issue Additional Securities only if (1) such Additional Securities are fungible with the Initial Securities shall be issued as Unrestricted Securities without any restriction on transfer under the hereby for U.S. federal securities laws in reliance on income tax purposes; (2) such Additional Securities have the same CUSIP number as the Initial Securities; and (3) the Trustee receives an effective registration statement on Form S-4Officers’ Certificate to the effect that such issuance of Additional Securities complies with the provisions of this Indenture, including each provision of this paragraph. The Securities shall be known and designated as the “7.55.00% Convertible Senior Notes due 20172014” of the Company. The principal amount Principal Amount shall be payable at the Maturity DateStated Maturity. The principal amount of, Principal Amount of and interest on, on Global Securities registered in the name of the Depositary Depository or its nominee shall be paid by wire transfer in immediately available funds to the Depositary Depository or its nominee, as applicable. The principal amount Principal Amount of Physical Securities shall be payable in cash at the Corporate Trust Office and at any other office or agency maintained by the Company for such purpose. Interest on Physical Securities will be payable (i) to Holders having an aggregate principal amount of $1,000,000 or less of Securities, by check mailed to such Holders at the address set forth in the Security Register and (ii) to Holders having an aggregate principal amount of more than $1,000,000 of Securities, either by check mailed to such Holders or, at the Company’s option and upon application by a Holder to the Security Registrar not later than two days prior to the relevant Regular Record Date for such interest payment, by wire transfer in immediately available funds to such XxxxxxHolder’s account within the United StatesStates of America, which application shall remain in effect until the Holder notifies the Security Registrar to the contrary in writing.

Title and Terms; Payments. The aggregate principal amount Principal Amount of Initial Securities that may be authenticated and delivered under this Indenture is initially limited to $165,000,000 and the aggregate principal amount of Additional Securities is unlimited138,000,000, except for Securities authenticated and delivered upon registration or transfer of, or in exchange for, or in lieu of, other Securities pursuant to Sections 3.05, 3.06, 3.07, 3.10, 5.05 5.06 or 7.078.05. The Company may, from time to time after the execution of this Indenture, execute and deliver to the Trustee for authentication Additional Securities of an unlimited aggregate principal amount, and the Trustee shall thereupon authenticate and deliver said Additional Securities to or upon the written order of the Company, without any further action by the Company hereunder; provided however that the Company may issue Additional Securities only if: (1) such Additional Securities and Initial Securities shall be are treated as part of the same issue of debt instruments for purposes of U.S. federal income tax laws or pursuant to a “qualified reopening” and are treated as issued as Unrestricted Securities without any restriction on transfer under the original issue discount for U.S. federal securities laws in reliance on income tax purposes; (2) such Additional Securities have the same CUSIP number as the Initial Securities; and (3) the Trustee receives an effective registration statement on Form S-4Officers’ Certificate to the effect that such issuance of Additional Securities complies with the provisions of this Indenture, including each provision of this paragraph. The Securities shall be known and designated as the “7.55.25% Convertible Senior Notes due 20172014” of the Company. The principal amount Principal Amount shall be payable at the Maturity DateStated Maturity. The principal amount of, Principal Amount of and interest on, on Global Securities registered in the name of the Depositary or Depository its nominee shall be paid by wire transfer in immediately available funds to the Depositary Depository or its nominee, as applicable. The principal amount Principal Amount of Physical Securities shall be payable in cash at the Corporate Trust Office and at any other office or agency maintained by the Company for such purpose. Interest on Physical Securities will be payable (i) to Holders having an aggregate principal amount Principal Amount of $1,000,000 5,000,000 or less of Securities, by check mailed to such Holders at the address set forth in the Security Register and (ii) to Holders having an aggregate principal amount Principal Amount of more than $1,000,000 5,000,000 of Securities, either by check mailed to such Holders or, upon application by a Holder to the Security Registrar not later than two days prior to the relevant Regular Record Date for such interest payment, by wire transfer in immediately available funds to such XxxxxxHolder’s account within the United States, which application shall remain in effect until the Holder notifies the Security Registrar to the contrary in writing.

Title and Terms; Payments. The aggregate principal amount of Initial Securities that may be authenticated and delivered under this Indenture is limited to $165,000,000 [•]10 and the aggregate principal amount of Additional Securities is unlimited, except for Securities authenticated and delivered upon registration or transfer of, or in exchange for, or in lieu of, other Securities pursuant to Sections 3.05, 3.06, 3.07, 3.10, 5.05 or 7.07. The Initial Securities shall be issued as Unrestricted Securities without any restriction on transfer under the U.S. federal securities laws in reliance on an effective registration statement on Form S-4S-4 or Form S-3, as applicable. 10 To be determined by 2013 Notes exchange offer. The Securities shall be known and designated as the “7.54% Convertible Senior Subordinated Additional Cash Notes due 20172020” of the Company. The principal amount shall be payable at the Maturity Date. The principal amount of, and interest on, Global Securities registered in the name of the Depositary or its nominee shall be paid by wire transfer in immediately available funds to the Depositary or its nominee, as applicable. The principal amount of Physical Securities shall be payable in cash at the Corporate Trust Office and at any other office or agency maintained by the Company for such purpose. Interest on Physical Securities will be payable (i) to Holders having an aggregate principal amount of $1,000,000 or less of Securities, by check mailed to such Holders at the address set forth in the Security Register and (ii) to Holders having an aggregate principal amount of more than $1,000,000 of Securities, either by check mailed to such Holders or, upon application by a Holder to the Security Registrar not later than the relevant Regular Record Date for such interest payment, by wire transfer in immediately available funds to such XxxxxxHolder’s account within the United States, which application shall remain in effect until the Holder notifies the Security Registrar to the contrary in writing. There are no provisions for payment of Defaulted Interest on the Securities. Accordingly, Section 3.7 of the Original Indenture shall not apply with respect to the Securities.

Title and Terms; Payments. The aggregate principal amount Principal Amount of Initial Securities that may be authenticated and delivered under this Indenture is initially limited to $165,000,000 and 520,000,000 (or up to $600,000,000 to the aggregate principal amount of Additional Securities is unlimitedextent the Initial Purchasers exercise their overallotment option granted pursuant to the Purchase Agreement), except for Securities authenticated and delivered upon registration or transfer of, or in exchange for, or in lieu of, other Securities pursuant to Sections 2.05, 3.04, 3.05, 3.06, 3.07, 3.10, 5.05 6.05 or 7.0713.06. The Company may, from time to time after the execution of this Indenture, execute and deliver to the Trustee for authentication Additional Securities of an unlimited aggregate Principal Amount, and the Trustee shall thereupon authenticate and deliver said Additional Securities to or upon the written order of the Company, without any further action by the Company hereunder; provided however that the Company may issue Additional Securities only if: (1) such Additional Securities and Initial Securities shall be issued are treated as Unrestricted Securities without any restriction on transfer under the fungible for purposes of U.S. federal securities laws in reliance on income tax laws; (2) such Additional Securities have the same CUSIP number as the Initial Securities; and (3) the Trustee receives an effective registration statement on Form S-4Officers’ Certificate to the effect that such issuance of Additional Securities complies with the provisions of this Indenture, including each provision of this paragraph. The Securities shall be known and designated as the “7.52.625% Convertible Senior Notes due 2017” of the Company. The principal amount Principal Amount shall be payable at the Maturity DateStated Maturity. The principal amount of, Principal Amount of and interest on, Interest on Global Securities registered in the name of the Depositary The Depository Trust Company or its nominee shall be paid by wire transfer in immediately available funds to the Depositary The Depository Trust Company or its nominee, as applicable. The principal amount Principal Amount of Physical Securities shall be payable in cash at the Corporate Trust Office and at any other office or agency maintained for such purpose and at any other office or agency maintained by the Company for such purpose. Interest on Physical Securities will be payable (i) to Holders having an aggregate principal amount Principal Amount of $1,000,000 5,000,000 or less of Securities, by check mailed to such Holders at the address set forth in the Security Register and (ii) to Holders having an aggregate principal amount Principal Amount of more than $1,000,000 5,000,000 of Securities, either by check mailed to such Holders or, upon application by a Holder to the Security Registrar not later than the relevant Regular Record Date for such interest Interest payment, by wire transfer in immediately available funds to such Xxxxxx’s account within the United States, which application shall remain in effect until the Holder notifies the Security Registrar to the contrary in writing.

Title and Terms; Payments. The aggregate principal amount of Initial Securities that may be authenticated and delivered under this Indenture is limited to $165,000,000 22,699,000 and the aggregate principal amount of Additional Securities is unlimited, except for Securities authenticated and delivered upon registration or transfer of, or in exchange for, or in lieu of, other Securities pursuant to Sections 3.05, 3.06, 3.07, 3.10, 5.05 or 7.07. The Initial Securities shall be issued as Unrestricted Securities without any restriction on transfer under the U.S. federal securities laws in reliance on an effective registration statement on Form S-4S-4 or Form S-3, as applicable. The Securities shall be known and designated as the “7.54% Convertible Senior Subordinated Additional Cash Notes due 20172020” of the Company. The principal amount shall be payable at the Maturity Date. The principal amount of, and interest on, Global Securities registered in the name of the Depositary or its nominee shall be paid by wire transfer in immediately available funds to the Depositary or its nominee, as applicable. The principal amount of Physical Securities shall be payable in cash at the Corporate Trust Office and at any other office or agency maintained by the Company for such purpose. Interest on Physical Securities will be payable (i) to Holders having an aggregate principal amount of $1,000,000 or less of Securities, by check mailed to such Holders at the address set forth in the Security Register and (ii) to Holders having an aggregate principal amount of more than $1,000,000 of Securities, either by check mailed to such Holders or, upon application by a Holder to the Security Registrar not later than the relevant Regular Record Date for such interest payment, by wire transfer in immediately available funds to such XxxxxxHolder’s account within the United States, which application shall remain in effect until the Holder notifies the Security Registrar to the contrary in writing. There are no provisions for payment of Defaulted Interest on the Securities. Accordingly, Section 3.7 of the Original Indenture shall not apply with respect to the Securities.

Title and Terms; Payments. The aggregate principal amount Principal Amount of Initial Securities that may be authenticated and delivered under this Indenture is initially limited to $165,000,000 and 900,000,000 (or up to $1,000,000,000 to the aggregate principal amount of Additional Securities is unlimitedextent the Initial Purchaser exercises its overallotment option granted pursuant to the Purchase Agreement), except for Securities authenticated and delivered upon registration or transfer of, or in exchange for, or in lieu of, other Securities pursuant to Sections 3.04, 3.05, 3.06, 3.077.06, 3.10, 5.05 8.05 or 7.07. The Initial Securities shall be issued as Unrestricted Securities without any restriction on transfer under the U.S. federal securities laws in reliance on an effective registration statement on Form S-415.06. The Securities shall be known and designated as the “7.53.125% Junior Subordinated Convertible Senior Notes Debentures due 20172037” of the Company. The principal amount Principal Amount shall be payable at the Maturity DateStated Maturity. The principal amount of, Securities shall not have the benefit of a sinking fund. The Securities shall be subordinated to all Senior Debt of the Company. The Principal Amount of and interest on, Interest on Global Securities registered in the name of the Depositary The Depository Trust Company or its nominee shall be paid by wire transfer in immediately available funds to the Depositary The Depository Trust Company or its nominee, as applicable. The principal amount Principal Amount of Physical Securities shall be payable in cash at the Corporate Trust Office and at any other office or agency maintained for such purpose and at any other office or agency maintained by the Company for such purpose. Interest on Physical Securities will be payable (i) to Holders having an aggregate principal amount Principal Amount of $1,000,000 5,000,000 or less of Securities, by check mailed to such Holders at the address set forth in the Security Register Registrar and (ii) to Holders having an aggregate principal amount Principal Amount of more than $1,000,000 5,000,000 of Securities, either by check mailed to such Holders or, upon application by a Holder to the Security Registrar not later than the relevant Regular Record Date for such interest Interest payment, by wire transfer in immediately available funds to such XxxxxxHolder’s account within the United States, which application shall remain in effect until the Holder notifies the Security Registrar to the contrary in writing.