Common use of Designation and Establishment Clause in Contracts

Designation and Establishment. Pursuant to the terms hereof and Section 2.01 of the Base Indenture, the Company hereby establishes a new series of notes designated as the "5.90% Senior Notes due 2019" (the "5.90% Notes"). The series of 5.90% Notes may be reopened, from time to time, for issuances of additional notes of such series. Any such additional notes shall have the same ranking, interest rate, maturity date and other terms as the 5.90% Notes. Any such additional 5.90% Notes, together with the 5.90% Notes herein provided for, shall constitute a single series of notes under the Indenture.

Designation and Establishment. Pursuant to the terms hereof and Section 2.01 of the Base Indenture, the Company hereby establishes a new series of notes designated as the "5.90“6% Senior Notes due 2019" 2111” (the "5.90“6% Notes"”). The series of 5.906% Notes may be reopened, from time to time, for issuances of additional notes of such series. Any such additional notes shall have the same ranking, interest rate, maturity date and other terms as the 5.906% Notes. Any such additional 5.906% Notes, together with the 5.906% Notes herein provided for, shall constitute a single series of notes under the Indenture.