Common use of INDENTURE AND COLLATERAL AGREEMENTS Clause in Contracts

INDENTURE AND COLLATERAL AGREEMENTS. The Company issued the Notes under an Indenture, dated as of [ ] [ ], 20[ ] (the “Indenture”), among the Company, the Guarantors party thereto and the Trustee. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939, as amended (15 U.S. Code §§ 77aaa-77bbbb) (the “Trust Indenture Act”). The Notes are subject to all such terms, and Holders are referred to the Indenture and to the Trust Indenture Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are secured as provided in the Collateral Agreements referred to in the Indenture.

INDENTURE AND COLLATERAL AGREEMENTS. The Company issued the Notes under an Indenture, dated as of [ ] [ ], 20[ ] 2009 (the “Indenture”), among the Company, the Guarantors party thereto and the Trustee. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939, as amended (15 U.S. Code §§ 77aaa-77bbbb) (the “Trust Indenture Act”). The Notes are subject to all such terms, and Holders are referred to the Indenture and to the Trust Indenture Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Initial Notes are secured obligations of the Company limited to $[ ] million in aggregate principal amount. The Notes are secured as provided in the Collateral Agreements referred to in the Indenture.

INDENTURE AND COLLATERAL AGREEMENTS. The Company issued the Notes under an Indenture, dated as of [ ] [ ]December 7, 20[ ] 2009 (the “Indenture”), among the Company, the Guarantors party thereto and the Trustee. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939, as amended (15 U.S. Code §§ 77aaa-77bbbb) (the “Trust Indenture Act”). The Notes are subject to all such terms, and Holders are referred to the Indenture and to the Trust Indenture Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Initial Notes are secured obligations of the Company limited to $[ ] million in aggregate principal amount. The Notes are secured as provided in the Collateral Agreements referred to in the Indenture.

INDENTURE AND COLLATERAL AGREEMENTS. The Company issued the Notes under an Indenture, dated as of [ ] [ ]December 22, 20[ ] 2009 (the “Indenture”), among the Company, the Guarantors party thereto and the Trustee. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939, as amended (15 U.S. Code §§ 77aaa-77bbbb) (the “Trust Indenture Act”). The Notes are subject to all such terms, and Holders are referred to the Indenture and to the Trust Indenture Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are secured as provided in the Collateral Agreements referred to in the Indenture.