Common use of Establishment of the Notes Clause in Contracts

Establishment of the Notes. (a) There is hereby authorized and established a series of Securities designated the 7.375% Senior Notes due 2046, limited in aggregate principal amount to $150,000,000 (or $172,500,000 if the Underwriters' option to purchase additional Notes set forth in the Underwriting Agreement is exercised in full)(in each case, except as provided in Section 301(2) of the Original Indenture); provided that the Company may, without the consent of the Holders of the Outstanding Notes, "reopen" this series of Securities so as to increase the aggregate principal amount of Notes Outstanding in compliance with the procedures set forth in the Indenture, including Sections 301 and 303 thereof, so long as any such additional Notes have the same tenor and terms (including, without limitation, rights to receive accrued and unpaid interest) as the Notes then Outstanding.