ServiceMagic 2012 Annual Report Download - page 161

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(2) “or” is not exclusive;
(3)
words in the singular include the plural, and in the plural include the singular;
(4)
words used herein implying any gender shall apply to both genders;
(5)
“herein,” “hereof” and other words of similar import refer to this Indenture as a whole and not to any
particular Article, Section or other Subsection;
(6)
unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting
determinations hereunder shall be made, and all financial statements required to be delivered hereunder shall be prepared in
accordance with GAAP as in effect from time to time, applied on a basis consistent with the most recent audited
consolidated financial statements of the Issuer; and
(7)
“$,” “U.S. Dollars” and “United States Dollars” each refer to United States dollars, or such other money of
the United States that at the time of payment is legal tender for payment of public and private debts.
ARTICLE TWO
THE NOTES
SECTION 2.01. Amount of Notes .
Upon receipt of a written order of the Issuer, the Trustee shall authenticate (i) Notes for original issue on the Issue
Date in the aggregate principal amount not to exceed $500,000,000 and (ii) subject to Section 4.06 (unless terminated pursuant to
Section 4.21) and Section 4.10, Additional Notes in an unlimited principal amount, upon a written order of the Issuer in the form of
an Officer’s Certificate of the Issuer. The Officer’
s Certificate shall specify the amount of the Notes to be authenticated, the date on
which the Notes are to be authenticated, and the names and delivery instructions for each Holder.
Upon receipt of a written order of the Issuer in the form of an Officer’s Certificate, the Trustee shall authenticate
Notes in substitution for Notes originally issued to reflect any name change of the Issuer. Any Additional Notes and the Exchange
Notes shall be part of the same issue as the Notes being issued on the date hereof and shall vote on all matters as one class with the
Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and offers to purchase. For
the purposes of this Indenture, except for Section 4.06, references to the Notes include Additional Notes and the Exchange Notes, if
any.
(a)
The Notes and the Trustee’s certificate of authentication with respect thereto shall be substantially in the
form set forth in Exhibit A hereto, which is incorporated in and forms a part of this Indenture. The Notes may have notations,
legends or endorsements required by law, rule or usage to which the Issuer is subject. Each Note shall be dated the date of its
authentication.
SECTION 2.02.
Form and Dating; Book Entry Provisions
.