Common use of Designation of the Series Clause in Contracts

Designation of the Series. Pursuant to the terms hereof and Sections 2.01 and 3.01 of the Indenture, the Company hereby creates a series of its convertible senior debt securities designated as the "15% Convertible Senior Notes due 2013" (the "Notes"), which Notes shall be deemed "Securities" for all purposes under the Indenture.

Designation of the Series. Pursuant to the terms hereof and Sections 2.01 201 and 3.01 301 of the Indenture, the Company hereby creates a series of its senior convertible senior debt securities designated as the "152.875% Convertible Senior Notes due 20132010" (the "Notes"), which Notes shall be deemed "Securities" for all purposes under the Indenture.