Common use of Note Issuances, etc Clause in Contracts

Note Issuances, etc. Pursuant to that certain Note Purchase Agreement dated as of October 4, 2007, as amended by that certain Amendment No. 1 to Note Purchase Agreement dated as of June 9, 2011 (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 Four Hundred Million Dollars ($400,000,000) in aggregate principal amount of its 6.18% Series I Senior Notes due October 4, 2017 (as amended, restated or otherwise modified from time to time as of the date hereof, the “Existing Notes”). As of the date of this Amendment Agreement, the current outstanding principal amount of the Existing Notes is Two Hundred Forty Million Dollars ($240,000,000). 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 Amended and Restated Note Purchase Agreement dated as of October 4September 10, 2007, as amended by that certain Amendment No. 1 to Note Purchase Agreement 2008 (initially dated as of June 95, 2011 2006) (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 Four Hundred Fifty Million Dollars ($400,000,00050,000,000) in aggregate principal amount of its 6.185.78% Series I Senior Notes due October 42011 (collectively, 2017 (as amended, restated or otherwise modified from time to time as of the date hereof, and currently bearing interest at a rate of 6.82% per annum, the “Existing Notes”). As of the date of this Amendment Agreement, the current outstanding principal amount of the Existing Notes is Two Hundred Forty Million Dollars ($240,000,000). 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 1 to Amended and Restated 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 Amended and Restated Note Purchase Agreement dated as of October 4September 10, 2007, as amended by that certain Amendment No. 1 to Note Purchase Agreement 2008 (initially dated as of June 9September 15, 2011 2004) (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 Four One-Hundred Fifty Million Dollars ($400,000,000150,000,000) in aggregate principal amount of its 6.185.54% Series I Senior Notes due October 42016 (collectively, 2017 (as amended, restated or otherwise modified from time to time as of the date hereof, and currently bearing interest at a rate of 6.58% per annum, the “Existing Notes”). As of the date of this Amendment Agreement, the current outstanding principal amount of the Existing Notes is Two Hundred Forty Million Dollars ($240,000,000). 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 1 to Amended and Restated Note Purchase Agreement (the “Amendment Agreement”) are currently the holders of the entire outstanding principal amount of the Existing Notes.