Common use of Title and Terms; Payments Clause in Contracts

Title and Terms; Payments. The aggregate Principal Amount of Notes that may be authenticated and delivered under this Indenture is limited to Sixteen Million Dollars ($16,000,000), except for Notes authenticated and delivered upon registration or transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 3.05, 3.06, 3.07, 3.08, 3.09, 3.11 or 3.12. The Notes shall be known and designated as the “8.75% Convertible Senior Notes due 2020” of the Company. The Principal Amount shall be payable on the Maturity Date. The Principal Amount of Physical Notes shall be payable at the Corporate Trust Office and at any other office or agency maintained by the Company for such purpose. The Company shall pay interest on the Notes (including Additional Interest) in cash. Interest on Physical Notes, will be payable (i) to Holders having an aggregate Principal Amount of $1,000,000 or less of Notes, by check mailed to such Holders at the address set forth in the Register and (ii) to Holders having an aggregate Principal Amount of more than $1,000,000 of Notes, either by check mailed to such Holders or, upon application by a Holder to the 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 the Registrar to the contrary in writing. The Paying Agent will pay principal of, and interest on, Global Notes in immediately available funds to The Depository Trust Company or its nominee, as the case may be, as the registered holder of such global note, on each Interest Payment Date, Fundamental Change Purchase Date or other payment date, as the case may be. Any Notes repurchased by the Company will be retired and no longer outstanding hereunder.

Title and Terms; Payments. The aggregate Principal Amount of Notes that may be authenticated and delivered under this First Supplemental Indenture is initially limited to Sixteen Million Dollars $200,000,000 (or up to $16,000,000225,000,000 to the extent the Underwriters exercise their over-allotment option granted pursuant to the Underwriting Agreement), except for Notes authenticated and delivered upon registration or transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 3.05, 3.06, 3.07, 3.08, 3.09, 3.11 or 3.125.05. The Notes shall be known and designated as the “8.753.75% Convertible Senior Notes due 20202014” of the Company. The Principal Amount shall be payable at the Stated Maturity. The Principal Amount of and interest on Global Notes registered in the Maturity Datename 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 Notes shall be payable at the Corporate Trust Office and at any other office or agency maintained by the Company for such purpose. The Company shall pay interest on the Notes (Interest, including Additional Interest) in cash. Interest , if any, on Physical Notes, Notes will be payable (i) to Holders having an aggregate Principal Amount of $1,000,000 5,000,000 or less of Notes, by check mailed to such Holders at the address set forth in the Note Register and (ii) to Holders having an aggregate Principal Amount of more than $1,000,000 5,000,000 of Notes, either by check mailed to such Holders or, upon application by a Holder to the Note 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 the Note Registrar to the contrary in writing. The Paying Agent will pay principal of, and interest on, Global Notes in immediately available funds to The Depository Trust Company or its nominee, as the case may be, as the registered holder of such global note, on each Interest Payment Date, Fundamental Change Purchase Date or other payment date, as the case may be. Any Notes repurchased by the Company will be retired and no longer outstanding hereunder.

Title and Terms; Payments. The aggregate Principal Amount of Notes that may be authenticated and delivered under this Indenture is initially limited to Sixteen Million Dollars $51,755,000 ($16,000,000the “Initial Notes”), except for Notes authenticated and delivered upon registration or transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 3.05, 3.06, 3.07, 3.08, 3.09, 3.11 3.11, 3.12 or 3.128.04. The Company may, from time to time after the execution of this Indenture, execute and deliver to the Trustee for authentication Additional Notes of an unlimited aggregate principal amount, and the Trustee shall thereupon authenticate and deliver said Additional Notes to or upon the written order of the Company, without any further action by the Company hereunder; provided, however, that no such Additional Notes may be issued unless fungible with the Initial Notes (other than the Institutional Accredited Investor Global Note and the Rule 144A Note) under U.S. securities laws and for U.S. federal income tax purposes. Additional Notes shall have the same terms as Initial Notes (other than issue price, and in some cases, the date from which interest shall accrue). The Notes shall be known and designated as the “8.757.5% Convertible Senior Notes due 20202026” of the Company. The Principal Amount shall be payable on the Maturity Date. The Principal Amount of of, and interest on, Physical Notes shall be payable at the Corporate Trust Office and at any other office or agency maintained by the Company for such purpose. The Company shall pay interest on purpose in the Notes (including Additional Interest) in cashcontinental United States of America. Interest on Physical Notes, Notes will be payable (i) to Holders having an aggregate Principal Amount of $1,000,000 or less of Notes, by check mailed to such Holders at the address set forth in the Register and (ii) to Holders having an aggregate Principal Amount of more than $1,000,000 of Notes, either by check mailed to such Holders or, upon application by a Holder to the 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 the Registrar to the contrary in writing. The Paying Agent Company will pay principal of, and interest on, on Global Notes in immediately available funds to The Depository Trust Company or its nominee, as the case may be, as the registered holder of such global note, on each Interest Payment Date, Redemption Date, Fundamental Change Purchase Date or other payment date, as the case may be. Any Notes repurchased by the Company will be retired and no longer outstanding hereunder.

Title and Terms; Payments. The aggregate Principal Amount of Notes that may be authenticated and delivered under this First Supplemental Indenture is initially limited to Sixteen Million Dollars $155,000,000 (or up to $16,000,000175,000,000 to the extent the Underwriters exercise their over-allotment option granted pursuant to the Underwriting Agreement), except for Notes authenticated and delivered upon registration or transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 3.05, 3.06, 3.07, 3.08, 3.09, 3.11 or 3.125.05. The Notes shall be known and designated as the “8.753.25% Convertible Senior Notes due 20202015” of the Company. The Principal Amount shall be payable on at the Maturity DateStated Maturity. The Principal Amount of Physical and interest on Global Notes 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 Certificated Notes shall be payable at the Corporate Trust Office and at any other office or agency maintained by the Company for such purpose. The Company shall pay interest on the Notes (Interest, including Additional Interest) in cash. Interest , if any, on Physical Notes, Certificated Notes will be payable (i) to Holders having an aggregate Principal Amount of $1,000,000 5,000,000 or less of Notes, by check mailed to such Holders at the address set forth in the Note Register and (ii) to Holders having an aggregate Principal Amount of more than $1,000,000 5,000,000 of Notes, either by check mailed to such Holders or, upon application by a Holder to the Note 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 the Note Registrar to the contrary in writing. The Paying Agent will pay principal of, and interest on, Global Notes in immediately available funds to The Depository Trust Company or its nominee, as the case may be, as the registered holder of such global note, on each Interest Payment Date, Fundamental Change Purchase Date or other payment date, as the case may be. Any Notes repurchased by the Company will be retired and no longer outstanding hereunder.