Common use of Commission Reports and Reports to Holders Clause in Contracts

Commission Reports and Reports to Holders. Whether or not the Parent Company is then required to file reports with the Commission, the Parent Company shall file with the Commission all reports and other information that it would be required to file with the Commission by Section 13(a) or 15(d) under the Exchange Act if it were subject thereto. The Parent Company shall supply the Trustee and each Holder, without cost to any Holder, copies of such reports and other information or post such reports and other information on the Parent Company’s primary website within 15 days after the date it would have been required to file such reports or other information with the Commission had it been subject to such Sections; provided, however, that the copies of such reports mailed to Holders may omit exhibits which the Company shall supply to any Holder at such Holder’s request. The Parent Company also shall comply with the other provisions of TIA Section 314(a). Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of any such reports, information and documents shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates delivered to the Trustee pursuant to Section 4.17).

Commission Reports and Reports to Holders. Whether At all times from and after the Closing Date, whether or not the Parent Company is then required to file reports with the Commission, for so long as any Notes are outstanding, the Parent Company shall file with the Commission all such reports and other information that as it would be required to file with the Commission by Section 13(a) Sections 13 or 15(d) under the Exchange Act if it were was subject thereto, unless the Commission does not permit such filings, in which case the Company shall provide such reports and other information to the Trustee (within the same time periods that would be applicable if the Company were required and permitted to file reports with the Commission) and instruct the Trustee to mail such reports and other information to Holders at their addresses set forth on the Note Register. The Parent Company shall supply the Trustee and each Holder or shall supply to the Trustee for forwarding to each such Holder, without cost to any such Holder, copies of such reports and other information or post such reports and other information on the Parent Company’s primary website within 15 days after the date it would have been required to file such reports or other information with the Commission had it been subject to such Sections; provided, however, that the copies of such reports mailed to Holders may omit exhibits which the Company shall supply to any Holder at such Holder’s request. The Parent Company also shall comply with the other provisions of TIA Section 314(a)information. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of any such reports, information and documents shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates delivered to the Trustee pursuant to Section 4.17Officer’s Certificates).

Commission Reports and Reports to Holders. Whether or not the Parent Company is then required to file reports with the Commission, to the Parent extent permitted by the Commission, the Company shall file with the Commission all such reports and other information that as it would be required to file with the Commission by Section 13(a) or 15(d) under the Exchange Act if it were subject theretothereto within the time periods specified by the Commission’s rules and regulations. The Parent For as long as the Notes are outstanding, the Company shall supply the Trustee within 15 days of filing with the Commission and each Holder who so requests or shall supply to the Trustee for forwarding to each such Holder, without cost to any such Holder, copies of such reports and other information or post such reports and other information on the Parent Company’s primary website within 15 days after the date it would have been required to file such reports or other information with the Commission had it been subject to such Sections; provided, however, that the copies of such reports mailed to Holders may omit exhibits which the Company shall supply to any Holder at such Holder’s request. The Parent Company also shall comply with the other provisions of TIA Section 314(a)information. Delivery of such reports, any information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of any such reports, the information and documents shall not constitute actual or constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder thereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates delivered Officer’s Certificates). The Trustee shall not be required to examine any information for any reason hereunder, including without limitation, determining whether the Company has complied with its covenants or obligations hereunder or to ascertain the correctness or otherwise of the information or statements contained therein. The Trustee is entitled to assume such compliance and correctness unless a Responsible Officer of the Trustee pursuant to Section 4.17)is informed otherwise.

Commission Reports and Reports to Holders. Whether or not the Parent Company is then required to file reports with the Commission, for so long as any Notes are outstanding the Parent Company shall file with the Commission all such reports and other information that as it would be required to file with the Commission by Section 13(a) or 15(d) Sections 13 and 15 under the Securities Exchange Act of 1934 if it were subject thereto. The Parent Within 15 days of such required filings, the Company shall supply the Trustee and each Holder or shall supply to the Trustee for forwarding to each such Holder, without cost to any such Holder, copies of such reports and other information or post such reports and other information on the Parent Company’s primary website within 15 days after the date it would have been required to file such reports or other information with the Commission had it been subject to such Sections; provided, however, that the copies of such reports mailed to Holders may omit exhibits which the Company shall supply to any Holder at such Holder’s request. The Parent Company also shall comply with the other provisions of TIA Section 314(a)information. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of any such reports, information and documents shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance by each Restricted Group Member with any of its the covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates delivered to Certificates). The Company also shall comply with the other provisions of TIA Section 314(a). For as long as any of the Notes remain outstanding and constitute “restricted securities” under Rule 144 under the Securities Act, the Company shall provide the Trustee and the Holders with any information required to be delivered pursuant to Section 4.17)Rule 144(d)(4) under the Securities Act.

Commission Reports and Reports to Holders. Whether or not the Parent Company is then required subject to file reports with the Commissionreporting requirements of Section 13 or 15(d) of the Exchange Act, or any successor provision thereto, the Parent Company shall file with the Commission all reports and other information that it would be required (to file with the Commission by Section 13(a) or 15(d) extent permitted under the Exchange Act if it were subject thereto. The Parent Company shall supply the Trustee and each Holder, without cost Act) on or prior to any Holder, copies of such reports and other information or post such reports and other information on the Parent Company’s primary website within 15 days after the date it they are or would have been required to file such reports or other information with the Commission had it (the "Required Filing Date") pursuant to such Section 13 or 15(d), or any successor provision thereto, annual and quarterly consolidated financial statements substantially equivalent to financial statements and such other information (including reports on Form 8-K as if the Company were required to file such reports) that would have been included in reports filed with the Commission if the Company was subject to the requirements of Section 13 or 15(d), or any successor provision thereto, of the Exchange Act, including, with respect to annual information only, a report thereon by such Sections; providedreporting entity's certified independent public accountants (which must be a nationally known accounting firm) as such would be required in such reports to the Commission and, howeverin the case of annual and quarterly reports, that together with a management's discussion and analysis of financial condition and results of operations which would be so required. The Company shall supply the Trustee and the Transfer Agent and each holder of Notes, or shall supply to the Trustee and the Transfer Agent for forwarding to each holder, without cost to such holder, copies of such reports mailed to Holders may omit exhibits which the Company shall supply to any Holder at such Holder’s request. The Parent Company also shall comply with the or other provisions of TIA Section 314(a)information. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s 's receipt of any such reports, information and documents shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates delivered to the Trustee pursuant to Section 4.17' Certificates).