Common use of Additional Voting Terms; Calculation of Principal Amount Clause in Contracts

Additional Voting Terms; Calculation of Principal Amount. All Notes issued under this Indenture shall vote and consent together on all matters (as to which any of such Notes may vote) as one class. Determinations as to whether Holders of the requisite aggregate principal amount of Notes have concurred in any direction, waiver or consent shall be made in accordance with this Article 8. Any reference to “consent,” “direction”, “approval”, “objection”, “acceptance”, “election”, “determination”, “satisfaction”, “request” or “waiver” by or of the Required Holders (or any other requisite percentage of Holders) hereunder shall include the consent, direction, approval, objection, acceptance, election, determination, satisfaction, request or waiver made or granted by the written consent of Indirect Participants holding beneficial interests in Global Notes representing a majority (or such other requisite percentage expressly provided for in this Indenture) of the aggregate principal amounts of the Notes then outstanding (excluding any Notes held by the Company or any of its Affiliates), provided that such written consent contains, as to each Indirect Participant, a representation as to the amount of such Indirect Participant’s beneficial ownership in the Notes and reasonably contemporary evidence thereof in the form of a brokerage statement identifying the Indirect Participant and the amount of Notes (by CUSIP) beneficially held. The Trustee, the Collateral - 120 - Agent, each Note Agent and the Company may each rely on such written consent and representations, without independent verification, as evidence of the Indirect Participants’ consent, direction, approval, objection, acceptance, election, determination, satisfaction, request or waiver. Article 9.

Additional Voting Terms; Calculation of Principal Amount. All Notes issued under this Indenture shall vote and consent together on all matters (as to which any of such Notes may vote) as one class. Determinations as to whether Holders of the requisite aggregate principal amount of Notes have concurred in any direction, waiver or consent shall be made in accordance with this Article 8. Any reference to “consent,” “direction”, “approval”, “objection”, “acceptance”, “election”, “determination”, “satisfaction”, “request” or “waiver” by or of the Required Holders (or any other requisite percentage of Holders) hereunder shall include the consent, direction, approval, objection, acceptance, election, determination, satisfaction, request or waiver made or granted by the written consent of Indirect Participants holding beneficial interests in Global Notes representing a majority (or such other requisite - 83 - percentage expressly provided for in this Indenture) of the aggregate principal amounts of the Notes then outstanding (excluding any Notes held by the Company or any of its Affiliates), provided that such written consent contains, as to each Indirect Participant, a representation as to the amount of such Indirect Participant’s beneficial ownership in the Notes and reasonably contemporary evidence thereof in the form of a brokerage statement identifying the Indirect Participant and the amount of Notes (by CUSIP) beneficially held. The Trustee, the Collateral - 120 - Agent, each Note Agent and the Company may each rely on such written consent and representations, without independent verification, as evidence of the Indirect Participants’ consent, direction, approval, objection, acceptance, election, determination, satisfaction, request or waiver. Article 9.