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This excerpt taken from the C 8-K filed Jun 10, 2009. Qualifying Debt Securities”
means securities of the Company (i) that are not exchangeable or convertible
into Company Securities and (ii) for which the applicable disclosure document
relating to the issuance of such securities states, without qualification, that
the securities “will” be treated as indebtedness (or assumes, without
qualification, that the securities are indebtedness) for U.S. federal income tax
purposes.
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