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(4) Instruments defining the rights of security holders, including indentures:
4.1 Indenture dated as of July 1, 1987, between the Company and Bankers
Trust Company, as Trustee, is incorporated herein by reference to Exhibit 4.1 to
the Company’s Registration Statement on Form S-3 (Registration No. 33-52422).
4.2 First Supplemental Indenture dated as of August 1, 1990, between the Company
and Bankers Trust Company, as Trustee, to Indenture dated as of July 1, 1987,
between the Company and Bankers Trust Company, as Trustee, is incorporated
herein by reference to Exhibit 4.2 to the Company’s Registration Statement on
Form S-3 (Registration No. 33-52422).
4.3 Second Supplemental Indenture dated as of October 1, 1992, between the
Company and Bankers Trust Company, as Trustee, to Indenture dated as of July 1,
1987, between the Company and Bankers Trust Company, as Trustee, is incorpo-
rated herein by reference to Exhibit 4.1 to the Company’s Current Report on
Form 8-K dated November 13, 1992.
4.4 Third Supplemental Indenture dated as of September 1, 1995, between the
Company and Bankers Trust Company, as Trustee, to Indenture dated as of July 1,
1987, between the Company and Bankers Trust Company, as Trustee, is incorpo-
rated herein by reference to Exhibit 4.1 to the Company’s Current Report on
Form 8-K filed with the SEC on October 2, 1995.
4.5 Fourth Supplemental Indenture dated as of August 4, 1999, between the Com-
pany and Bankers Trust Company, as Trustee, to Indenture dated as of July 1,
1987, between the Company and Bankers Trust Company, as Trustee, is incorpo-
rated herein by reference to Exhibit 4.2 to the Company’s Quarterly Report on
Form 10-Q for the quarterly period (16 weeks) ended September 11, 1999.
4.6 Fifth Supplemental Indenture dated as of September 17, 1999, between the
Company and Bankers Trust Company, as Trustee, to Indenture dated as of July 1,
1987, between the Company and Bankers Trust Company, as Trustee, is incorpo-
rated herein by reference to Exhibit 4.3 to the Company’s Quarterly Report on
Form 10-Q for the quarterly period (16 weeks) ended September 11, 1999.
4.7 Rights Agreement dated as of April 12, 2000, between the Company and Wells
Fargo Bank Minnesota, N.A. (formerly Norwest Bank Minnesota, N.A.), as
Rights Agent, including as Exhibit B the forms of Rights Certificate and Election
to Exercise, is incorporated herein by reference to Exhibit 4.1 to the Company’s
Current Report on Form 8-K filed with the SEC on April 17, 2000.
4.8 Indenture dated as of November 2, 2001, between the Company and The Chase
Manhattan Bank, as Trustee, including form of Liquid Yield Option
TM
Note due
2031 (Zero Coupon — Senior), is incorporated herein by reference to Exhibit 4.1
to the Company’s Registration Statement on Form S-3 (Registration
No. 333-81252) filed with the SEC on January 23, 2002.
4.9 Credit Agreement, dated as of June 1, 2006, by and among the Company, The
Royal Bank of Scotland PLC, Bank of America, Citibank, Rabobank Interna-
tional, Cobank, ACB, U.S. Bank National Association, and various financial
institutions and other persons from time to time parties hereto is incorporated
herein by reference to Exhibit 4.1 to the Company’s Current Report on Form 8-K
filed with the SEC on June 7, 2006.
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