Note or Notes

Note or Notes. Means the commercial paper notes of the Issuer issued pursuant to the Agreement and identified on the records of the IPA as evidenced by the Issuer's Corporate Commercial Paper Master Note substantially in the form set forth in Exhibit B.

Note or Notes. Means, individually or collectively, as the case may be, any promissory note(s) signed and delivered by Borrower to evidence its Indebtedness to Lender pursuant to Section 2 hereof, including, but not limited to, the Term Note, which shall be in a form reasonably satisfactory to Lender.

Note or Notes. A Promissory Note or Notes hereafter executed from Landlord to Lender, which Note or Notes will be secured by a Mortgage and an assignment of leases and rents.

Note or Notes. Means the promissory note of Borrower executed and delivered by Borrower to Esquire in the principal amount of $3,000,000 (the "ESQUIRE NOTE") and the promissory note of Borrower executed and delivered by Borrower to Frasir in the principal amount of $1,000,000 (the "FRASIR NOTE") under this Agreement, each in substantially the form annexed hereto as Exhibit A with the blanks appropriately filled in.

Note or Notes. Shall mean any and all convertible --------------- promissory notes of Kyphon in the form of Exhibits B and C, attached hereto and by this reference incorporated herein.

Note or Notes. Means, as the case may be, the promissory note(s) signed and delivered by the Borrower to evidence its Indebtedness to the Lender pursuant to Section 2 hereof.

Note or Notes. The words "Note" or "Notes" means the Notes executed by the Company in the original aggregate principal amount of $15,000,000 dated March 4, 2008, together with all increases thereto in accordance with the Note Purchase Agreement, renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the Notes or Note Purchase Agreement.