ARTICLE 1.
DEFINITIONS
Section 1.1. Definition of Terms.
Unless the context otherwise requires: (i) each term defined in the Indenture has the same meaning when used in this Supplemental Indenture; (ii) the singular includes the plural, and vice versa; and (iii) headings are for convenience of reference only and do not affect interpretation.
(a) “Acquisition” means the acquisition of Splunk Inc. by the Company, as contemplated in the Merger Agreement.
(b) “Merger Agreement” means the merger agreement, dated September 20, 2023, among the Company, Splunk Inc. and Spirit Merger Corp., as amended, supplemented or otherwise modified.
ARTICLE 2.
TERMS AND CONDITIONS OF NOTES
Section 2.1. Designation and Principal Amount.
(a) There is hereby authorized and established a series of Securities under the Indenture, designated as the “4.900% Notes due 2026,” which is initially limited in aggregate principal amount to $1,000,000,000 (except upon registration of transfer of, or in exchange for, or in lieu of, other 2026 Notes pursuant to Section 304, 305, 306, 906, 1107 or 1405 of the Indenture and except for any Securities which, pursuant to Section 303 of the Indenture, are deemed never to have been authenticated and delivered).
(b) There is hereby authorized and established a series of Securities under the Indenture, designated as the “4.800% Notes due 2027,” which is initially limited in aggregate principal amount to $2,000,000,000 (except upon registration of transfer of, or in exchange for, or in lieu of, other 2027 Notes pursuant to Section 304, 305, 306, 906, 1107 or 1405 of the Indenture and except for any Securities which, pursuant to Section 303 of the Indenture, are deemed never to have been authenticated and delivered).
(c) There is hereby authorized and established a series of Securities under the Indenture, designated as the “4.850% Notes due 2029,” which is initially limited in aggregate principal amount to $2,500,000,000 (except upon registration of transfer of, or in exchange for, or in lieu of, other 2029 Notes pursuant to Section 304, 305, 306, 906, 1107 or 1405 of the Indenture and except for any Securities which, pursuant to Section 303 of the Indenture, are deemed never to have been authenticated and delivered).
(d) There is hereby authorized and established a series of Securities under the Indenture, designated as the “4.950% Notes due 2031,” which is initially limited in aggregate principal amount to $2,500,000,000 (except upon registration of transfer of, or in exchange for, or in lieu of, other 2031 Notes pursuant to Section 304, 305, 306, 906, 1107 or 1405 of the Indenture and except for any Securities which, pursuant to Section 303 of the Indenture, are deemed never to have been authenticated and delivered).
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