Common use of Designation of Notes Clause in Contracts

Designation of Notes. (a) The terms set forth herein pertain to notes issued pursuant to that certain Indenture dated May 20, 2002, by and among R.▇. ▇▇▇▇▇▇▇▇ Tobacco Holdings, Inc. (the “Company”) as Issuer, The Bank of New York, as Trustee, and certain Subsidiaries of the Company and R▇▇▇▇▇▇▇ American Inc., the Company’s parent, who have executed such indenture or a supplement thereto as Guarantors (as so supplemented, the “Indenture”). The notes subject to these terms are (i) the Company’s 6.500% Secured Notes due 2010 in the aggregate principal amount of $300,000,000 and 7.300% Secured Notes due 2015 in the aggregate principal amount of $200,000,000 (collectively, the “Initial Notes”) and (ii) if and when issued, the Company’s 6.500% Secured Notes due 2010 and 7.300% Secured Notes due 2015 that may be issued from time to time in exchange for Initial Notes in an offer registered under the Securities Act in accordance with the Registration Rights Agreement (the “Exchange Notes,” and together with Initial Notes, the “Notes”). (b) The Initial Notes and Exchange Notes constituting 6.500% Notes due 2010 shall be considered collectively as a single series for all purposes of the Indenture, and the Initial Notes and Exchange Notes constituting 7.300% Notes due 2015 shall constitute a separate single series.

Designation of Notes. (a) The terms set forth herein pertain to notes issued pursuant to that certain Indenture dated May 20, 2002, by and among R.▇. ▇▇▇▇▇▇▇▇ Tobacco Holdings, Inc. (the “Company”) as Issuer, The Bank of New York, as Trustee, and certain Subsidiaries of the Company and R▇▇▇▇▇▇▇ American Inc., the Company’s parent, who have executed such indenture or a supplement thereto as Guarantors (as so supplemented, the “Indenture”). The notes subject to these terms are (i) the Company’s 6.500% Secured Notes due 2010 in the aggregate principal amount of $300,000,000 and 7.300% Secured Notes due 2015 in the aggregate principal amount of $200,000,000 (collectively, the “Initial Notes”) and (ii) if and when issued, the Company’s 6.500% Secured Notes due 2010 and 7.300% Secured Notes due 2015 that may be issued from time to time in exchange for Initial Notes in an offer registered under the Securities Act in accordance with the Registration Rights Agreement (the “Exchange Notes,” and together with Initial Notes, the “Notes”). (b) The Initial Notes and Exchange Notes constituting 6.500% Notes due 2010 shall be considered collectively as a single series for all purposes of the Indenture, and the Initial Notes and Exchange Notes constituting 7.300% Notes due 2015 shall constitute a separate single series.