Common use of THE TERMS OF THE NOTES Clause in Contracts

THE TERMS OF THE NOTES. Section 2.1 Terms of 7.75% Senior Notes, Series C due 2005 and 8.35% Senior --------------------------------------------------------------- Notes, Series D due 2010. (a) There is hereby created one (1) series of ------------------------ Securities designated: 7.75% Senior Notes, Series C due 2005 (the "Series C Notes"). The Series C Notes shall be limited to $225,000,000 aggregate principal amount outstanding less the amount of any Series A Notes which remain outstanding and un-exchanged following completion of the Issuer's exchange offer for the Series A Notes as contemplated by its prospectus dated , 2001 (the "Prospectus"). Upon delivery of a written order to the Trustee in accordance with the provisions of Section 2.1 of the Original Indenture, the Trustee shall authenticate and deliver the Series C Notes. Such written order shall specify the amount of the Series C Notes to be authenticated and the date on which such Series C Notes are to be authenticated, which will be the date the Series C Notes are issued in exchange for the Series A Notes. (b) There is hereby created one (1) series of Securities designated: 8.35% Senior Notes, Series D due 2010 (the "Series D Notes" and, together with the Series C Notes, the "Exchange Notes"). The Series D Notes shall be limited to $200,000,000 aggregate principal amount outstanding less the amount of any Series B Notes which remain outstanding and un-exchanged following completion of the Issuer's exchange offer for the Series B Notes as contemplated by the Prospectus. Upon delivery of a written order to the Trustee in accordance with the provisions of Section 2.1 of the Original Indenture, the Trustee shall authenticate and deliver the Series D Notes. Such written order shall specify the amount of the Series D Notes to be authenticated and the date on which such Series D Notes are to be authenticated, which will be the date the Series D Notes are issued in exchange for the Series B Notes. (c) The Exchange Notes of each series shall be substantially in the form of Exhibit A hereto.