XXXXX COMPANY. Xxxxxxxxxxx & Co., Inc.. . . . . . . . . . . . . . . . . . . . . . .
XXXXX COMPANY. Total....................................................... - --------- ---------
XXXXX COMPANY. This Note is one of a duly authorized issue of debentures, notes or other evidences of indebtedness (hereinafter called the “Securities”) of the Company of the series hereinafter specified, which series is limited in aggregate principal amount to $ (except as provided in the Indenture hereinafter mentioned), all such Securities issued and to be issued under an Indenture dated as of July 1, 2015 between the Company, as issuer, X.X. Xxxxx Holding Corporation, as guarantor (“Holdings”), and Xxxxx Fargo Bank, National Association, as Trustee (the “Base Indenture”), as supplemented by the Third Supplemental Indenture, dated as of July 2, 2015, among the Company, Holdings and the Trustee (the “Supplemental Indenture” and together with the Base Indenture, herein called the “Indenture”), to which Indenture and all other indentures supplemental thereto reference is hereby made for a statement of the rights and limitations of rights thereunder of the Holders of the Securities and of the rights, obligations, duties and immunities of the Trustee for each series of Securities and of the Company, and the terms upon which the Securities are and are to be authenticated and delivered. As provided in the Indenture, the Securities may be issued in one or more series, which different series may be issued in various aggregate principal amounts, may mature at different times, may bear interest, if any, at different rates, may be subject to different redemption provisions, if any, may be subject to different sinking, purchase or analogous funds, if any, may be subject to different covenants and Events of Default and may otherwise vary as in the Indenture provided or permitted. This Note is one of a series of the Securities designated therein as % Senior Notes due (the “Notes”). The Company may, without the consent of the Holders of the Notes, issue additional notes having the same ranking and the same interest rate, maturity and other terms as the Notes, except for the issue price, issue date and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional notes. Any additional notes having such similar terms, together with the Notes, shall constitute a single series of notes under the Indenture. No additional notes may be issued if an Event of Default has occurred with respect to the Notes. Pursuant to Article Fourteen of the Base Indenture, the Company’s obligations under the Indenture with respect to the Notes shall be guarante...
XXXXX COMPANY. Xxxxxxx & Company, Inc............. Total.............................. _______________ ANNEX A MATTERS TO BE COVERED IN OPINION OF COMPANY COUNSEL ---------------------------------------------------
XXXXX COMPANY. By ------------------------------- Its ---------------------------- Accepted and agreed to as of the date last above written. XXXXXX TRUST AND SAVINGS BANK, in its individual capacity as a Bank and as Administrative Agent By ------------------------------- Its ---------------------------- PNC BANK, NATIONAL ASSOCIATION By ------------------------------- Its ---------------------------- ABN AMRO BANK N.V. By ------------------------------- Its ---------------------------- By ------------------------------- Its ---------------------------- THE BANK OF TOKYO-MITSUBISHI, LTD. CHICAGO BRANCH By ------------------------------- Its ---------------------------- CIBC INC. By ------------------------------- Its ---------------------------- ISTITUTO BANCARIO SANPAOLO DI TORINO ISTITUTO MOBILLARE ITALIANO SPA By ------------------------------- Its ----------------------------
XXXXX COMPANY. By execution of this Joinder Agreement, the undersigned shall have all rights, and shall observe all the obligations, applicable to Future Investors (as defined in the Agreement) under the Agreement. Name:_________________________
XXXXX COMPANY. By: /s/ Xxxxx Xxx Name: Xxxxx Xxx Title: Global Treasurer X.X. XXXXX HOLDING CORPORATION By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Vice President, Chief Financial Officer and Secretary XXXXX FARGO BANK, NATIONAL ASSOCIATION, as Trustee By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Vice President SOCIÉTÉ GÉNÉRALE BANK & TRUST, as Paying Agent, Security Registrar and Transfer Agent By: /s/ Xxxxxx XXXXXXX Name: Xxxxxx XXXXXXX Title: Head of Custody and Issuer Services
XXXXX COMPANY. TIPS REFERENCE FORM
XXXXX COMPANY. By: /s/ Xxxxxxxx X. Xxxxx
XXXXX COMPANY. Xxxxxxxxx & Xxxxx LLC. . . . . . . . . . . . . . . . . . ---------- Total 520,000 ---------- ----------
