Common use of Note Issuances, etc Clause in Contracts

Note Issuances, etc. Pursuant to that certain Note Purchase Agreement dated December 1, 2008 as amended by Amendment No. 1 to Note Purchase Agreement dated as of June 30, 2010 (as in effect immediately prior to giving effect to the Amendments (as defined below) provided for hereby, the “Existing Note Purchase Agreement”, and as amended by this Amendment Agreement (as defined below) and as may be further amended, restated or otherwise modified from time to time, the “Note Purchase Agreement”) the Company issued and sold $67,000,000 in aggregate principal amount of its 9.78% Series G Senior Notes due December 1, 2018 (as amended, restated or otherwise modified from time to time as of the date hereof, the “Existing Notes”). All of the Existing Notes as of the date hereof remain outstanding. The register for the registration and transfer of the Existing Notes indicates that the parties named in Annex 1 (the “Noteholders”) to this Amendment No. 2 to Note Purchase Agreement (the “Amendment Agreement”) are currently the holders of the entire outstanding principal amount of the Existing Notes.

Note Issuances, etc. Pursuant to that certain Note Purchase Agreement dated December 1as of July 26, 2008 2001, as amended by Amendment No. 1 to Note Purchase Agreement dated as of June 30, 2010 (as in effect immediately prior to giving effect to the Amendments (as defined below) provided for hereby, the “Existing Note Purchase Agreement”, and as amended by this Amendment Agreement (as defined below) and as may be further amended, restated or otherwise modified from time to time, the “Note Purchase Agreement”) ), the Company issued and sold (a) $67,000,000 75,000,000 in aggregate principal amount of its 9.787.26% Senior Notes, Series G A, due 2011 (the “Series A Notes”), (b) $75,000,000 in aggregate principal amount of its 7.36% Senior Notes, Series B, due 2013 (the “Series B Notes”) and (c) $20,000,000 in aggregate principal amount of its 7.46% Senior Notes, Series C, due 2016 (the “Series C Notes”). The Series A Notes, the Series B Notes due December 1, 2018 and the Series C Notes (as each may be amended, restated or otherwise modified from time to time as of the date hereoftime, collectively, the “Existing Notes”). All of the Existing Notes ) as of the date hereof remain outstanding. The register for the registration and transfer of the Existing Notes indicates that the parties named in Annex 1 (the “Noteholders”) to this Amendment No. 2 to Note Purchase Agreement (the “Amendment Agreement”) are currently the holders of the entire outstanding principal amount of the Existing Notes.

Note Issuances, etc. Pursuant to that certain Note Purchase Agreement dated December 1, 2008 as amended by Amendment No. 1 to Note Purchase Agreement dated as of June 30, 2010 and Amendment No. 2 to Note Purchase Agreement dated as of December 31, 2015 (as in effect immediately prior to giving effect to the Amendments (as defined below) provided for hereby, the “Existing Note Purchase Agreement”, and as amended by this Amendment Agreement (as defined below) and as may be further amended, restated or otherwise modified from time to time, the “Note Purchase Agreement”) the Company issued and sold $67,000,000 in aggregate principal amount of its 9.78% Series G Senior Notes due December 1, 2018 (as amended, restated or otherwise modified from time to time as of the date hereof, the “Existing Notes”). All of the Existing Notes as of the date hereof remain outstanding. The register for the registration and transfer of the Existing Notes indicates that the parties named in Annex 1 (the “Noteholders”) to this Amendment No. 2 3 to Note Purchase Agreement (the “Amendment Agreement”) are currently the holders of the entire outstanding principal amount of the Existing Notes.