Common use of Title and Terms; Payments Clause in Contracts

Title and Terms; Payments. The aggregate Principal Amount of Securities that may be authenticated and delivered under this Indenture is initially limited to $125,000,000, subject to Section 2.11 and except for Securities authenticated and delivered upon registration or transfer of, or in exchange for, or in lieu of, other Securities pursuant to Section 2.04, 2.05, 2.06, 6.06, 7.05 or 14.07. The Securities shall be known and designated as the “5.75% Junior Subordinated Convertible Debentures due 2029” of the Company. The Principal Amount shall be payable at the Stated Maturity. The 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 Global Securities registered in the name of The Depository Trust Company or its nominee shall be paid by wire transfer in immediately available funds to The Depository Trust Company or its nominee, as applicable. The Principal Amount of Physical Securities shall be payable at the office or agency of the Company maintained by it for such purpose pursuant to Section 5.02. Interest on Physical Securities will be payable (i) to Holders having an aggregate Principal Amount of $5,000,000 or less, by check mailed to such Holders and (ii) to Holders having an aggregate Principal Amount of more than $5,000,000, either by check mailed to such Holders or, upon application by a Holder to the Security Registrar not later than the relevant Record Date for such interest payment, by wire transfer in immediately available funds to such Holder’s account within the United States, which application shall remain in effect until the Holder notifies, in writing, the Security Registrar to the 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 Schedule 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 Indenture is initially limited to $125,000,000165,000,000 and the aggregate principal amount of Additional Securities is unlimited, subject to Section 2.11 and except for Securities authenticated and delivered upon registration or transfer of, or in exchange for, or in lieu of, other Securities pursuant to Section 2.04Sections 3.05, 2.053.06, 2.063.07, 6.063.10, 7.05 5.05 or 14.077.07. 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 “5.757.5% Junior Subordinated Convertible Debentures Senior Notes due 20292017” of the Company. The Principal Amount principal amount shall be payable at the Stated MaturityMaturity Date. The 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 principal amount of, and interest on on, Global Securities registered in the name of The Depository Trust Company the Depositary or its nominee shall be paid by wire transfer in immediately available funds to The Depository Trust Company the Depositary 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 maintained by the Company maintained by it for such purpose pursuant to Section 5.02purpose. Interest on Physical Securities will be payable (i) to Holders having an aggregate Principal Amount principal amount of $5,000,000 1,000,000 or lessless 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 $5,000,0001,000,000 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 HolderXxxxxx’s account within the United States, which application shall remain in effect until the Holder notifies, in writing, notifies the Security Registrar to the 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” contrary in Schedule A thereto, in accordance with the procedures of the Depositarywriting.

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 $125,000,00022,699,000 and the aggregate principal amount of Additional Securities is unlimited, subject to Section 2.11 and except for Securities authenticated and delivered upon registration or transfer of, or in exchange for, or in lieu of, other Securities pursuant to Section 2.04Sections 3.05, 2.053.06, 2.063.07, 6.063.10, 7.05 5.05 or 14.077.07. 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 or Form S-3, as applicable. The Securities shall be known and designated as the “5.754% Junior Convertible Subordinated Convertible Debentures Additional Cash Notes due 20292020” of the Company. The Principal Amount principal amount shall be payable at the Stated MaturityMaturity Date. The 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 principal amount of, and interest on on, Global Securities registered in the name of The Depository Trust Company the Depositary or its nominee shall be paid by wire transfer in immediately available funds to The Depository Trust Company the Depositary 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 maintained by the Company maintained by it for such purpose pursuant to Section 5.02purpose. Interest on Physical Securities will be payable (i) to Holders having an aggregate Principal Amount principal amount of $5,000,000 1,000,000 or lessless 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 $5,000,0001,000,000 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 Holder’s account within the United States, which application shall remain in effect until the Holder notifies, in writing, notifies the Security Registrar to the contrarycontrary in writing. The aggregate Principal Amount There are no provisions for payment of any Global Security may from time to time be increased or decreased by adjustments made Defaulted Interest on the records Securities. Accordingly, Section 3.7 of the Trustee, as custodian for Original Indenture shall not apply with respect to the Depositary, as set forth on the “Schedule of Exchanges of Securities” in Schedule A thereto, in accordance with the procedures of the Depositary.

Title and Terms; Payments. The aggregate Principal Amount of Securities that may be authenticated and delivered under this Indenture is initially limited to $125,000,000110,000,000, subject to Section 2.11 and except for Securities authenticated and delivered upon registration or transfer of, or in exchange for, or in lieu of, other Securities pursuant to Section 2.04, Sections 2.05, 2.063.05, 6.063.06, 7.05 3.07 or 14.075.05. The Securities shall be known and designated as the “5.753.00% Junior Convertible Senior Subordinated Convertible Debentures Notes due 20292011” of the Company. The Principal Amount shall be payable at the Stated Maturity. The 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 (including any Additional Interest) on Global Securities registered in the name of The Depository Trust Company or its nominee shall be paid by wire transfer in immediately available funds to The Depository Trust Company or its nominee, as applicable, as the registered Holder of such Global Security. The Principal Amount of Physical Securities shall be payable at the Corporate Trust Office and at any other office or agency of maintained by the Company maintained by it for such purpose pursuant to Section 5.02purpose. Interest on Physical Securities will be payable (i) to Holders having an aggregate Principal Amount of $5,000,000 1,000,000 or lessless 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 $5,000,0001,000,000 of Securities, either by check mailed to such Holders or, upon application by a Holder to the Security Registrar not later than the relevant Record Date for such interest payment, by wire transfer in immediately available funds to such HolderHxxxxx’s account within the United States, which application shall remain in effect until the Holder notifies, in writing, the Security Registrar to the contrary. The aggregate 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 of any Global Security may from time to time (and Additional Interest, if any), shall be increased or decreased by adjustments made on the records of the Trustee, as custodian next succeeding Business Day and no interest on such payment shall accrue for the Depositaryperiod 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, as set forth on the “Schedule of Exchanges of Securities” in Schedule A thereto, in accordance with the procedures of the DepositaryRecord Date will 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 $125,000,000[140,000,000] and the aggregate principal amount of Additional Securities is unlimited, subject to Section 2.11 and except for Securities authenticated and delivered upon registration or transfer of, or in exchange for, or in lieu of, other Securities pursuant to Section 2.04Sections 3.05, 2.053.06, 2.063.07, 6.063.10, 7.05 5.05 or 14.077.07. 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 or Form S-3, as applicable. The Securities shall be known and designated as the “5.754% Junior Convertible Subordinated Convertible Debentures Additional Cash Notes due 20292010” of the Company. The Principal Amount principal amount shall be payable at the Stated MaturityMaturity Date. The 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 principal amount of, and interest on on, Global Securities registered in the name of The Depository Trust Company the Depositary or its nominee shall be paid by wire transfer in immediately available funds to The Depository Trust Company the Depositary 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 maintained by the Company maintained by it for such purpose pursuant to Section 5.02purpose. Interest on Physical Securities will be payable (i) to Holders having an aggregate Principal Amount principal amount of $5,000,000 1,000,000 or lessless 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 $5,000,0001,000,000 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 Holder’s account within the United States, which application shall remain in effect until the Holder notifies, in writing, notifies the Security Registrar to the contrarycontrary in writing. The aggregate Principal Amount There are no provisions for payment of any Global Security may from time to time be increased or decreased by adjustments made Defaulted Interest on the records Securities. Accordingly, Section 3.7 of the Trustee, as custodian for Original Indenture shall not apply with respect to the Depositary, as set forth on the “Schedule of Exchanges of Securities” in Schedule A thereto, in accordance with the procedures of the Depositary.

Title and Terms; Payments. The aggregate Principal Amount of Securities that may be authenticated and delivered under this Indenture is initially limited to $125,000,000900,000,000 (or up to $1,000,000,000 to the extent the Initial Purchaser exercises its overallotment option granted pursuant to the Purchase Agreement), subject to Section 2.11 and except for Securities authenticated and delivered upon registration or transfer of, or in exchange for, or in lieu of, other Securities pursuant to Section 2.04Sections 3.04, 2.053.05, 2.063.06, 6.067.06, 7.05 8.05 or 14.0715.06. The Securities shall be known and designated as the “5.753.125% Junior Subordinated Convertible Debentures due 20292037” of the Company. The Principal Amount shall be payable at the Stated Maturity. The 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 Interest on Global Securities registered in the name of The Depository Trust Company or its nominee shall be paid by wire transfer in immediately available funds to The Depository Trust Company or its nominee, as applicable. The Principal Amount of Physical Securities shall be payable at the Corporate Trust Office and at any other office or agency of the Company maintained by it for such purpose pursuant to Section 5.02and 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 $5,000,000 or lessless of Securities, by check mailed to such Holders at the address set forth in the Security Registrar and (ii) to Holders having an aggregate Principal Amount of more than $5,000,0005,000,000 of Securities, either by check mailed to such Holders or, upon application by a Holder to the Security Registrar not later than the relevant Record Date for such interest Interest payment, by wire transfer in immediately available funds to such Holder’s account within the United States, which application shall remain in effect until the Holder notifies, in writing, notifies the Security Registrar to the 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” contrary in Schedule A thereto, in accordance with the procedures of the Depositarywriting.

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 $125,000,000[•]10 and the aggregate principal amount of Additional Securities is unlimited, subject to Section 2.11 and except for Securities authenticated and delivered upon registration or transfer of, or in exchange for, or in lieu of, other Securities pursuant to Section 2.04Sections 3.05, 2.053.06, 2.063.07, 6.063.10, 7.05 5.05 or 14.077.07. 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 or Form S-3, as applicable. 10 To be determined by 2013 Notes exchange offer. The Securities shall be known and designated as the “5.754% Junior Convertible Subordinated Convertible Debentures Additional Cash Notes due 20292020” of the Company. The Principal Amount principal amount shall be payable at the Stated MaturityMaturity Date. The 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 principal amount of, and interest on on, Global Securities registered in the name of The Depository Trust Company the Depositary or its nominee shall be paid by wire transfer in immediately available funds to The Depository Trust Company the Depositary 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 maintained by the Company maintained by it for such purpose pursuant to Section 5.02purpose. Interest on Physical Securities will be payable (i) to Holders having an aggregate Principal Amount principal amount of $5,000,000 1,000,000 or lessless 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 $5,000,0001,000,000 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 Holder’s account within the United States, which application shall remain in effect until the Holder notifies, in writing, notifies the Security Registrar to the contrarycontrary in writing. The aggregate Principal Amount There are no provisions for payment of any Global Security may from time to time be increased or decreased by adjustments made Defaulted Interest on the records Securities. Accordingly, Section 3.7 of the Trustee, as custodian for Original Indenture shall not apply with respect to the Depositary, as set forth on the “Schedule of Exchanges of Securities” in Schedule A thereto, in accordance with the procedures of the Depositary.

Title and Terms; Payments. The aggregate Principal Amount of Securities that may be authenticated and delivered under this Indenture is initially limited to $125,000,000300,000,000, subject to Section 2.11 and except for Securities authenticated and delivered upon registration or transfer of, or in exchange for, or in lieu of, other Securities pursuant to Section 2.04Sections 3.05, 2.053.06, 2.06, 6.06, 7.05 3.07 or 14.075.05. The Securities shall be known and designated as the “5.752.125% Junior Convertible Senior Subordinated Convertible Debentures due 2029Notes Due 2014” of the Company. The Principal Amount shall be payable at the Stated Maturity. The 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 (including any Additional Interest) on Global Securities registered in the name of The Depository Trust Company the Depositary or its nominee shall be paid by wire transfer in immediately available funds to The Depository Trust Company the Depositary or its nominee, as applicable, as the registered Holder of such Global Security. The Principal Amount of Physical Securities shall be payable at the Corporate Trust Office and at any other office or agency of maintained by the Company maintained by it for such purpose pursuant to Section 5.02purpose. Interest (including Additional Interest, if any) on Physical Securities will be payable (i) to Holders having an aggregate Principal Amount of $5,000,000 or lessless 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 $5,000,0005,000,000 of Securities, either by check mailed to such Holders or, upon application by a Holder to the Security Registrar not later than the relevant Record Date for such interest payment, by wire transfer in immediately available funds to such HolderXxxxxx’s account within the United States, which application shall remain in effect until the Holder notifies, in writing, the Security Registrar to the contrary. The aggregate 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 of any Global Security may from time to time (and Additional Interest, if any), shall be increased or decreased by adjustments made on the records of the Trustee, as custodian next succeeding Business Day and no interest on such payment shall accrue for the Depositaryperiod 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, as set forth on the “Schedule of Exchanges of Securities” in Schedule A thereto, in accordance with the procedures of the DepositaryRecord Date will be unaffected.

Title and Terms; Payments. The aggregate Principal Amount of Securities that may be authenticated and delivered under this Indenture is initially limited to $125,000,000520,000,000 (or up to $600,000,000 to the extent the Initial Purchasers exercise their overallotment option granted pursuant to the Purchase Agreement), subject to Section 2.11 and except for Securities authenticated and delivered upon registration or transfer of, or in exchange for, or in lieu of, other Securities pursuant to Section 2.04, Sections 2.05, 2.063.04, 6.063.05, 7.05 3.06, 6.05 or 14.0713.06. 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 are treated as fungible for purposes of U.S. federal income tax laws; (2) such Additional Securities have the same CUSIP number as the Initial Securities; and (3) the Trustee receives an Officers’ 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 “5.752.625% Junior Subordinated Convertible Debentures Senior Notes due 20292017” of the Company. The Principal Amount shall be payable at the Stated Maturity. The 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 Interest on Global Securities registered in the name of The Depository Trust Company or its nominee shall be paid by wire transfer in immediately available funds to The Depository Trust Company or its nominee, as applicable. The Principal Amount of Physical Securities shall be payable at the Corporate Trust Office and at any other office or agency of the Company maintained by it for such purpose pursuant to Section 5.02and 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 $5,000,000 or lessless 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 $5,000,0005,000,000 of Securities, either by check mailed to such Holders or, upon application by a Holder to the Security Registrar not later than the relevant Record Date for such interest Interest payment, by wire transfer in immediately available funds to such HolderXxxxxx’s account within the United States, which application shall remain in effect until the Holder notifies, in writing, notifies the Security Registrar to the 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” contrary in Schedule A thereto, in accordance with the procedures of the Depositarywriting.

Title and Terms; Payments. The aggregate Principal Amount of Securities that may be authenticated and delivered under this Indenture is initially limited to $125,000,0001,100,000,000 (or up to $1,300,000,000 to the extent the Initial Purchaser exercises its overallotment option granted pursuant to the Purchase Agreement), subject to Section 2.11 and except for Securities authenticated and delivered upon registration or transfer of, or in exchange for, or in lieu of, other Securities pursuant to Section 2.04Sections 3.04, 2.053.05, 2.063.06, 6.067.06, 7.05 8.05 or 14.0715.06. The Securities shall be known and designated as the “5.753.25% Junior Subordinated Convertible Debentures due 20292037” of the Company. The Principal Amount shall be payable at the Stated Maturity. The Securities shall will not have the benefit of a sinking fund. The Securities shall will be subordinated to all Senior Debt of the Company. The Principal Amount of and interest Interest on Global Securities registered in the name of The Depository Trust Company or its nominee shall be paid by wire transfer in immediately available funds to The Depository Trust Company or its nominee, as applicable. The Principal Amount of Physical Securities shall be payable at the Corporate Trust Office and at any other office or agency of the Company maintained by it for such purpose pursuant to Section 5.02and 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 $5,000,000 or lessless of Securities, by check mailed to such Holders at the address set forth in the Security Registrar and (ii) to Holders having an aggregate Principal Amount of more than $5,000,0005,000,000 of Securities, either by check mailed to such Holders or, upon application by a Holder to the Security Registrar not later than the relevant Record Date for such interest Interest payment, by wire transfer in immediately available funds to such Holder’s account within the United States, which application shall remain in effect until the Holder notifies, in writing, notifies the Security Registrar to the 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” contrary in Schedule A thereto, in accordance with the procedures of the Depositarywriting.

Title and Terms; Payments. The aggregate Principal Amount of Securities that may be authenticated and delivered under this Indenture is initially limited to $125,000,0001,030,000,000 (or up to $1,150,000,000 to the extent the Initial Purchasers exercise their overallotment option granted pursuant to the Purchase Agreement), subject to Section 2.11 and except for Securities authenticated and delivered upon registration or transfer of, or in exchange for, or in lieu of, other Securities pursuant to Section 2.04Sections 3.04, 2.053.05, 2.063.06, 6.067.06, 7.05 8.05 or 14.0715.06. The Securities shall be known and designated as the “5.752.125% Junior Subordinated Convertible Debentures due 20292037” of the Company. The Principal Amount shall be payable at the Stated Maturity. The Securities shall will not have the benefit of a sinking fund. The Securities shall will be subordinated to all Senior Debt of the Company. The Principal Amount of and interest Interest on Global Securities registered in the name of The Depository Trust Company or its nominee shall be paid by wire transfer in immediately available funds to The Depository Trust Company or its nominee, as applicable. The Principal Amount of Physical Securities shall be payable at the Corporate Trust Office and at any other office or agency of the Company maintained by it for such purpose pursuant to Section 5.02and 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 $5,000,000 or lessless of Securities, by check mailed to such Holders at the address set forth in the Security Registrar and (ii) to Holders having an aggregate Principal Amount of more than $5,000,0005,000,000 of Securities, either by check mailed to such Holders or, upon application by a Holder to the Security Registrar not later than the relevant Record Date for such interest Interest payment, by wire transfer in immediately available funds to such Holder’s account within the United States, which application shall remain in effect until the Holder notifies, in writing, notifies the Security Registrar to the 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” contrary in Schedule A thereto, in accordance with the procedures of the Depositarywriting.

Title and Terms; Payments. The aggregate Principal Amount principal amount of Securities that may will be initially authenticated and delivered under on the date of this Indenture is initially limited to $125,000,000488,750,000, subject to Section 2.11 and 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 Section 2.04, Sections 2.05, 2.063.04, 6.063.05, 7.05 3.06, 6.05 or 14.0713.06. 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 are not treated as fungible for purposes of U.S. federal income tax laws, such Additional Securities shall have one or more separate CUSIP numbers; and (2) the Trustee shall receive an Officer’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 “5.750.50% Junior Subordinated Convertible Debentures Senior Notes due 20292018” of the Company. The Principal Amount principal amount shall be payable at the Stated Maturity. The 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 principal amount of and interest Interest on Global Securities registered in the name of The Depository Trust Company or its nominee shall be paid by wire transfer in immediately available funds to The Depository Trust Company or its nominee, as applicable. The Principal Amount principal amount of Physical Securities shall be payable at the Corporate Trust Office and at any other office or agency of maintained by the Company maintained by it for such purpose pursuant to Section 5.02purpose. Interest on Physical Securities will be payable (i) to Holders having an aggregate Principal Amount principal amount of $5,000,000 or lessless 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 $5,000,0005,000,000 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 Record Date for such interest Interest payment, by wire transfer in immediately available funds to such HolderXxxxxx’s account within the United States, which application shall remain in effect until the Holder notifies, in writing, notifies the Security Registrar to the 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” contrary in Schedule A thereto, in accordance with the procedures of the Depositarywriting.

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 $125,000,000[140,000,000] and the aggregate principal amount of Additional Securities is unlimited, subject to Section 2.11 and except for Securities authenticated and delivered upon registration or transfer of, or in exchange for, or in lieu of, other Securities pursuant to Section 2.04Sections 3.05, 2.053.06, 2.063.07, 6.063.10, 7.05 5.05 or 14.077.07. 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 “5.754% Junior Convertible Subordinated Convertible Debentures due 2029Additional Cash Notes” of the Company. The Principal Amount principal amount shall be payable at the Stated MaturityMaturity Date. The 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 principal amount of, and interest on on, Global Securities registered in the name of The Depository Trust Company the Depositary or its nominee shall be paid by wire transfer in immediately available funds to The Depository Trust Company the Depositary 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 maintained by the Company maintained by it for such purpose pursuant to Section 5.02purpose. Interest on Physical Securities will be payable (i) to Holders having an aggregate Principal Amount principal amount of $5,000,000 1,000,000 or lessless 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 $5,000,0001,000,000 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 Holder’s account within the United States, which application shall remain in effect until the Holder notifies, in writing, notifies the Security Registrar to the contrarycontrary in writing. The aggregate Principal Amount There are no provisions for payment of any Global Security may from time to time be increased or decreased by adjustments made Defaulted Interest on the records Securities. Accordingly, Section 3.7 of the Trustee, as custodian for Original Indenture shall not apply with respect to the Depositary, as set forth on the “Schedule of Exchanges of Securities” in Schedule A thereto, in accordance with the procedures of the Depositary.

Title and Terms; Payments. The aggregate Principal Amount of Securities that may be authenticated and delivered under this Supplemental Indenture is initially limited to $125,000,00085,000,000 (up to $97,500,000 if the underwriters’ option set forth in the Underwriting Agreement is exercised in full), subject to Section 2.11 and except for Securities authenticated and delivered upon registration or transfer of, or in exchange for, or in lieu of, other Securities pursuant to Sections 304, 305 and 306 of the Base Indenture and Section 2.04, 2.05, 2.06, 6.06, 7.05 or 14.074.05 of this Supplemental Indenture. The Securities shall be known and designated as the “5.756.00% Junior Convertible Senior Subordinated Convertible Debentures Notes due 20292012” of the Company. The Principal Amount shall be payable at the Stated Maturity. The 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 Global Securities registered in the name of The Depository Trust Company or its nominee shall be paid by wire transfer in immediately available funds to The Depository Trust Company or its nominee, as applicable, as the registered Holder of such Global Security. The Principal Amount of Physical Securities shall be payable at the Corporate Trust Office and at any other office or agency of maintained by the Company maintained by it for such purpose pursuant to Section 5.02purpose. Interest on Physical Securities will shall be payable (i) to Holders having an aggregate Principal Amount of $5,000,000 1,000,000 or lessless 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 $5,000,0001,000,000 of Securities, either by check mailed to such Holders or, upon application by a Holder to the Security Registrar not later than the relevant Record Date for such interest payment, by wire transfer in immediately available funds to such Holder’s account within the United States, which application shall remain in effect until the Holder notifies, in writing, the Security Registrar to the contrary. The aggregate 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 of any Global Security may from time to time shall be increased or decreased by adjustments made on the records of the Trustee, as custodian next succeeding Business Day and no interest on such payment shall accrue for the Depositaryperiod 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, as set forth on the “Schedule of Exchanges of Securities” in Schedule A thereto, in accordance with the procedures of the DepositaryRecord Date shall be unaffected.