This excerpt taken from the HSY 8-K filed Aug 16, 2005.
4.850% NOTE DUE AUGUST 15, 2015
The Hershey Company, a corporation duly organized and existing under the laws of the State of Delaware (herein called the Company, which term includes any successor company), for value received, hereby promises to pay to Cede & Co., as a nominee of The Depository Trust Company, or its registered assigns, the principal sum of Two Hundred Fifty Million Dollars ($250,000,000), or such amount as is indicated in the records of the Trustee (as defined herein) and the Depository, on August 15, 2015 and to pay interest thereon semi-annually in arrears on February 15 and August 15 (each such date, an Interest Payment Date) of each year, beginning February 15, 2006, at the rate of 4.850% per year until the principal hereof is paid or made available for payment. Interest on the Note will be computed on the basis of a 360-day year comprised of twelve 30-day months. Notwithstanding the foregoing, this Security shall bear interest from the most recent Interest Payment Date to which interest in respect hereof has been paid or duly provided for, unless (i) the date hereof is such an Interest Payment Date, in which case from the
date hereof, provided, however, that if the Company shall default in the payment of interest due on the date hereof, then this Security shall bear interest from the next preceding Interest Payment Date to which interest has been paid or, if no interest has been paid on this Security, from August 15, 2005, or (ii) no interest has been paid on this Security, in which case from August 15, 2005. Notwithstanding the foregoing, if the date hereof is after February 1 or August 1 (whether or not a Business Day) (the Record Date), as the case may be, next preceding an Interest Payment Date and before such Interest Payment Date, this Security shall bear interest from such Interest Payment Date, which interest shall be payable on the next succeeding Interest Payment Date; provided, however, that if the Company shall default in the payment of interest due on such Interest Payment Date, then this Security shall bear interest from the next preceding Interest Payment Date to which interest has been paid, or, if no interest has been paid on this Security, from August 15, 2005. The interest so payable, and punctually paid or duly provided for, on any Interest Payment Date will, subject to certain exceptions provided in the Indenture referred to on the reverse hereof, be paid to the Person in whose name this Security is registered at the close of business on the Record Date next preceding such Interest Payment Date.
Payment of the principal of and any such interest on this Security will be made at the office or agency of the Company maintained for that purpose in the Borough of Manhattan, The City of New York in such coin or currency of the United States of America as at the time of payment is legal tender for payment of public and private debts.
Reference is hereby made to the further provisions of this Security set forth on the reverse hereof, which further provisions shall for all purposes have the same effect as if set forth on the face hereof.
Unless the certificate of authentication hereon has been executed by the Trustee referred to on the reverse hereof by manual signature, this Security shall not be entitled to any benefit under the Indenture or be valid or obligatory for any purpose.
IN WITNESS WHEREOF, the Company has caused this instrument to be duly executed under its corporate seal.
Dated: August 15, 2005