Common use of Amendments to the Indenture and Notes Clause in Contracts

Amendments to the Indenture and Notes. (a) Section 3.1 of the Indenture captioned “NOTICES TO TRUSTEE” shall be amended by deleting the text of such section in its entirety and replacing it with the following text: If the Issuer elects to redeem Notes pursuant to the optional redemption provisions of Sections 3.7 or 3.8 hereof, it shall furnish to the Trustee, at least 3 days (unless a shorter period is acceptable to the Trustee) but not more than 60 days (unless a longer period is acceptable to the Trustee) before a Redemption Date, an Officers’ Certificate stating the section of this Indenture pursuant to which such redemption is being made and setting forth (i) the Redemption Date, (ii) the principal amount of Notes to be redeemed and (iii) the redemption price. (b) Section 3.3 of the Indenture captioned “NOTICE OF REDEMPTION” shall be amended by deleting the text of the first paragraph of Section 3.3 in its entirety and replacing it with the following text: At least 3 days but not more than 60 days before a Redemption Date, the Issuer shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address. (c) Section 3.8 of the Indenture captioned “OPTIONAL REDEMPTION ON OR AFTER AUGUST 15, 2007” shall be amended by deleting the text of clause (a) of such section in its entirety and replacing it with the following text: At any time on or after August 15, 2007, the Issuer may redeem the Notes for cash at the Issuer’s option, in whole or in part, at any time and from time to time, upon not less than 3 days nor more than 60 days notice to each Holder of Notes, at the following redemption prices (expressed as percentages of the principal amount) if redeemed during the 12-month period commencing August 15 of the years indicated below, in each case together with accrued and unpaid Interest (and Liquidated Damages, if any) thereon to the date of redemption of the Notes (the “Redemption Date”): 2007 105.125 % 2008 102.563 % 2009 and thereafter 100.000 % (d) Section 4.3 of the Indenture shall be amended by deleting the text of such section in its entirety and replacing it with the following text:

Amendments to the Indenture and Notes. (a) Section 3.1 of the Indenture captioned The reference to “NOTICES TO TRUSTEE” shall be amended by deleting the text of such section in its entirety and replacing it with the following text: If the Issuer elects to redeem Notes pursuant to the optional redemption provisions of Sections 3.7 or 3.8 hereof, it shall furnish to the Trustee, at least 3 days (unless a shorter period is acceptable to the Trustee) but upon not less than 30 nor more than 60 days notice” in Section 3.01(a) of the Indenture is hereby deleted and replaced with “upon not less than three Business Days’ notice”. (unless a longer period b) Section 3.02(a) of the Indenture is acceptable hereby deleted and replaced with the following: “If the Company elects to redeem any Notes, it must notify the Trustee) before a Redemption Date, an Officers’ Certificate stating Trustee of the section of this Indenture pursuant to which such redemption is being made date and setting forth (i) the Redemption Date, (ii) the principal amount of Notes to be redeemed and (iii) by delivering an Officers’ Certificate on the redemption price. (b) Section 3.3 of date the Indenture captioned “NOTICE OF REDEMPTION” shall be amended by deleting the text of the first paragraph of Section 3.3 in its entirety and replacing it with the following text: At least 3 days but not more than 60 days before a Redemption Date, the Issuer shall mail or cause to be mailed, by first class mail, a notice of redemption is to each Holder be given to holders of Notes. If fewer than all of the Notes are being redeemed, the Officers’ Certificate must also specify a record date not less than three days after the date of the notice of redemption is given to the Trustee, and, subject to applicable DTC procedures with respect to Global Notes, the Trustee will select the Notes to be redeemed pro rata, by lot or by any other method the Trustee in its sole discretion deems appropriate, in denominations of $1,000 principal amount and multiples thereof. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or, at the Company’s request in an Officers’ Certificate requesting that the Trustee give such notice together with the notice, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at its registered addresson the date the notice of redemption is to be given to holders of Notes.” (c) Section 3.8 The following Sections of the Indenture captioned “OPTIONAL REDEMPTION ON OR AFTER AUGUST 15Indenture, 2007” shall be amended by deleting and any corresponding provisions in the text of clause (a) of such section Notes, are hereby deleted in its their entirety and replacing it replaced with the following text: At any time on or after August 15, 2007, the Issuer may redeem the Notes for cash at the Issuer’s option, in whole or in part, at any time and from time to time, upon not less than 3 days nor more than 60 days notice to each Holder of Notes, at the following redemption prices (expressed as percentages of the principal amount) if redeemed during the 12-month period commencing August 15 of the years indicated below, in each case together with accrued and unpaid Interest (and Liquidated Damages, if any) thereon to the date of redemption of the Notes (the “Redemption DateIntentionally Omitted.”): 2007 105.125 % 2008 102.563 % 2009 and thereafter 100.000 % (d) Section 4.3 of the Indenture shall be amended by deleting the text of such section in its entirety and replacing it with the following text: