Common use of Commission Reports Clause in Contracts

Commission Reports. (a) The Company shall file with the Trustee, within 30 days after it files them with the Commission, copies of the quarterly and annual reports and of the information, documents, and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) which the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If the Company is not subject to the requirement of such Section 13 or 15(d) of the Exchange Act, the Company shall file with the Trustee, within 30 days after it would have been required to file such information with the Commission, financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which the Company would have been required to include in such annual reports, information, documents or other reports if the Company had been subject to the requirements of such Sections 13 or 15(d) of the Exchange Act. The Company also shall comply with the other provisions of Section 314(a) of the Trust Indenture Act. (b) So long as the Securities remain outstanding, the Company shall cause its annual report to stockholders and any other financial reports furnished by it to stockholders generally, to be mailed to the Holders at their addresses appearing in the register of Securities maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholders. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company shall cause its financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with the Trustee and mailed to the Holders within 90 days after the end of each of the Company's fiscal years and within 45 days after the end of each of the first three quarters of each fiscal year. (c) The Company shall provide the Trustee with a sufficient number of copies of all reports and other documents and information that the Company may be required to deliver to the Holders under this Section 1007.

Commission Reports. (a) The Company shall file with the Trustee, within 30 days after it files them with the Commission, copies of the quarterly and annual reports and of the information, documents, and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) which the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If the Company is not subject to the requirement of such Section 13 or 15(d) of the Exchange Act, the Company shall file with the Trustee, within 30 days after it would have been required to file such information with the Commission, financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which the Company would have been required to include in such annual reports, information, documents or other reports if the Company had been subject to the requirements of such Sections 13 or 15(d) of the Exchange Act. The Company also shall comply with the other provisions of Section 314(a) of the Trust Indenture Act. (b) So long as the Securities remain outstanding, the Company shall cause its annual report to stockholders shareholders and any other financial reports furnished by it to stockholders shareholders generally, to be mailed to the Holders at their addresses appearing in the register of Securities maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholdersshareholders. If the Company is not required to furnish annual or quarterly reports to its stockholders shareholders pursuant to the Exchange Act, the Company shall cause its financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with the Trustee and mailed to the Holders within 90 days after the end of each of the Company's fiscal years and within 45 days after the end of each of the first three quarters of each fiscal year. (c) The Company shall provide the Trustee with a sufficient number of copies of all reports and other documents and information that the Company may be required to deliver to the Holders under this Section 1007.

Commission Reports. (a) The Company shall file with the Trustee, within 30 days after it files them with the Commission, copies of the quarterly and annual reports and of the information, documents, and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) which the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If the Company is not subject to the requirement of such Section 13 or 15(d) of the Exchange Act, the Company shall file with the Trustee, within 30 days after it would have been required to file such information with the Commission, financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which the Company would have been required to include in such annual reports, information, documents or other reports if the Company had been subject to the requirements of such Sections 13 or 15(d) of the Exchange Act. The Company also shall comply with the other provisions of Section 314(a) of the Trust Indenture Act. (b) So long as the Securities remain outstanding, the Company shall cause its annual report to stockholders and any other financial reports furnished by it to stockholders generally, to be mailed to the Holders at their addresses appearing in the register of Securities maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholders. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company shall cause its financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with the Trustee and mailed to the Holders within 90 days after the end of each of the Company's fiscal years and within 45 days after the end of each of the first three quarters of each fiscal year. (c) The Company shall provide the Trustee with a sufficient number of copies of all reports and other documents and information that the Company may be required to deliver to the Holders under this Section 10071005.

Commission Reports. (ai) The So long as any of the Securities remain outstanding, the Company shall file provide to the Trustee within 15 days after the filing thereof with the Trustee, within 30 days after it files them with the Commission, Commission copies of the quarterly and annual reports and of the information, documents, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) which that the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If All obligors on the Securities shall comply with the provisions of TIA Section 314(a). Notwithstanding that the Company is may not be subject to the requirement reporting requirements of such Section 13 or 15(d) of the Exchange ActAct or otherwise report on an annual and quarterly basis on forms provided for such annual and quarterly reporting pursuant to rules and regulations promulgated by the Commission, the Company shall file with the Commission and provide to the Trustee (a) within 90 days after the end of each fiscal year, annual reports on Form 10-K (or any successor or comparable form) containing the information required to be contained therein (or required in such successor or comparable form), including a "MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS" and a report thereon by the Company's certified public accountants; (b) within 45 days after the end of each of the first three fiscal quarters of each fiscal year, reports on Form 10-Q (or any successor or comparable form) containing the information required to be contained therein (or required in any successor or comparable form), including a "MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS"; and (c) promptly from time to time after the occurrence of an event required to be therein reported, such other reports on Form 8-K (or any successor or comparable form) containing the information required to be contained therein (or required in any successor or comparable form); PROVIDED, HOWEVER, that the Company shall not be in default of the provisions of this Section 3.03(i) for any failure to file reports with the Commission solely by the refusal of the Commission to accept the same for filing. Each of the financial statements contained in such reports shall be prepared in accordance with GAAP. (ii) The Trustee, within 30 days after it would have been required to file such information with at the CommissionCompany's request and expense, financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm shall promptly mail copies of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which the Company would have been required to include in all such annual reports, information, documents or and other reports if the Company had been subject provided to the requirements of such Sections 13 or 15(dTrustee pursuant to Section 3.03(i) of the Exchange Act. The Company also shall comply with the other provisions of Section 314(a) of the Trust Indenture Act. (b) So long as the Securities remain outstanding, the Company shall cause its annual report to stockholders and any other financial reports furnished by it to stockholders generally, to be mailed hereof to the Holders at their addresses appearing in the register of Securities maintained by the Security Registrar in each case at the time of such mailing Registrar. (iii) Whether or furnishing to stockholders. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to by the Exchange Actrules and regulations of the Commission, the Company shall cause its financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm file a copy of established national reputation all such information and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed reports with the Trustee Commission for public availability and mailed make such information available to the Holders within 90 days after the end of each of the Company's fiscal years securities analysts and within 45 days after the end of each of the first three quarters of each fiscal yearprospective investors upon request. (civ) The Company shall provide the Trustee with a sufficient number of copies of all reports and other documents and information that the Company Trustee may be required to deliver to the Holders under this Section 10073.03. (v) Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such 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).

Commission Reports. (ai) The So long as any of the Securities remain outstanding, the Company shall file provide to the Trustee within 15 days after the filing thereof with the Trustee, within 30 days after it files them with the Commission, Commission copies of the quarterly and annual reports and of the information, documents, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) which that the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If All obligors on the Securities shall comply with the provisions of TIA Section 314(a). Notwithstanding that the Company is may not be subject to the requirement reporting requirements of such Section 13 or 15(d) of the Exchange ActAct or otherwise report on an annual and quarterly basis on forms provided for such annual and quarterly reporting pursuant to rules and regulations promulgated by the Commission, the Company shall file with the Commission and provide to the Trustee (a) within 90 days after the end of each fiscal year, annual reports on Form 10-K (or any successor or comparable form) containing the information required to be contained therein (or required in such successor or comparable form), including a "MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS" and a report thereon by the Company's certified public accountants; (b) within 45 days after the end of each of the first three fiscal quarters of each fiscal year, reports on Form 10-Q (or any successor or comparable form) containing the information required to be contained therein (or required in any successor or comparable form), including a "MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS"; and (c) promptly from time to time after the occurrence of an event required to be therein reported, such other reports on Form 8-K (or any successor or comparable form) containing the information required to be contained therein (or required in any successor or comparable form); PROVIDED, HOWEVER, that the Company shall not be in default of the provisions of this Section 3.03(i) for any failure to file reports with the Commission solely by the refusal of the Commission to accept the same for filing. Each of the financial statements contained in such reports shall be prepared in accordance with GAAP. (ii) The Trustee, within 30 days after it would have been required to file such information with at the CommissionCompany's expense, financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm shall promptly mail copies of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which the Company would have been required to include in all such annual reports, information, documents or and other reports if the Company had been subject provided to the requirements of such Sections 13 or 15(dTrustee pursuant to Section 3.03(i) of the Exchange Act. The Company also shall comply with the other provisions of Section 314(a) of the Trust Indenture Act. (b) So long as the Securities remain outstanding, the Company shall cause its annual report to stockholders and any other financial reports furnished by it to stockholders generally, to be mailed hereof to the Holders at their addresses appearing in the register of Securities maintained by the Security Registrar in each case at the time of such mailing Registrar. (iii) Whether or furnishing to stockholders. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to by the Exchange Actrules and regulations of the Commission, the Company shall cause its financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm file a copy of established national reputation all such information and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed reports with the Trustee Commission for public availability and mailed make such information available to the Holders within 90 days after the end of each of the Company's fiscal years securities analysts and within 45 days after the end of each of the first three quarters of each fiscal yearprospective investors upon request. (civ) The Company shall provide the Trustee with a sufficient number of copies of all reports and other documents and information that the Company Trustee may be required to deliver to the Holders under this Section 10073.03. (v) Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such 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).

Commission Reports. (a) The Company shall file with From and after the Trusteeearlier of the effective date of the Exchange Offer Registration Statement or the effective date of the Shelf Registration Statement, within 30 days after it files them with whether or not required by the rules and regulations of the Commission, copies of the quarterly and annual reports and of the information, documents, and other reports (or copies of such portions of so long as any of the foregoing as the Commission may by rules and regulations prescribe) which the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If the Company is not subject to the requirement of such Section 13 or 15(d) of the Exchange ActNotes are outstanding, the Company shall file furnish to the Holders of Notes (i) all quarterly and annual financial information that would be required to be contained in a filing with the Trustee, within 30 days after it would have been Commission on Forms 10-Q and 10-K if the Company were required to file such information with the Commission, financial statementsForms, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable and, with respect to the annual information only, a report thereon by the Company's certified independent accountants and (ii) all current reports that which would be required to be filed with the Commission on Form 8-K if the Company were required to file such reports. In addition, whether or not required by the rules and regulations of the Commission, the Company shall file a copy of all such information and reports with the Commission for public availability (unless the Commission will not accept such a filing) within the time periods that would have been required to include in such annual reports, information, documents or other reports if applicable had the Company had been subject to such rules and regulations and make such information available to securities analysts and prospective investors upon request. In addition, the requirements of such Sections 13 or 15(dCompany has agreed that, for so long as any Notes remain outstanding, it shall furnish to the Holders, to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) of under the Exchange Securities Act. The Company also shall at all times comply with the other provisions of Section TIA ss. 314(a) of the Trust Indenture Act. (b) So long as the Securities remain outstanding, the Company shall cause its annual report to stockholders and any other ). The financial reports furnished by it to stockholders generally, information to be distributed to Holders of Notes shall be filed with the Trustee and mailed to the Holders at their addresses appearing in the register of Securities Notes maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholders. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange ActRegistrar, the Company shall cause its financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with the Trustee and mailed to the Holders within 90 days after the end of each of the Company's fiscal years and within 45 days after the end of each of the first three quarters of each such fiscal year. (c) . The Company shall provide the Trustee with a sufficient number of copies of all reports and other documents and information that and, if requested by the Company may be required to Company, the Trustee will deliver such reports to the Holders under this Section 10074.3.

Commission Reports. (ai) The So long as any of the Securities remain outstanding, the Company shall file provide to the Trustee within 15 days after the filing thereof with the Trustee, within 30 days after it files them with the Commission, Commission copies of the quarterly and annual reports and of the information, documents, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) which that the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If All obligors on the Securities shall comply with the provisions of TIA Section 314(a). Notwithstanding that the Company is may not be subject to the requirement reporting requirements of such Section 13 or 15(d) of the Exchange ActAct or otherwise report on an annual and quarterly basis on forms provided for such annual and quarterly reporting pursuant to rules and regulations promulgated by the Commission, the Company shall file with the Commission and provide to the Trustee (a) within 90 days after the end of each fiscal year, annual reports on Form 10-K (or any successor or comparable form) containing the information required to be contained therein (or required in such successor or comparable form), including a "MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS" and a report thereon by the Company's certified public accountants; (b) within 45 days after the end of each of the first three fiscal quarters of each fiscal year, reports on Form 10-Q (or any successor or comparable form) containing the information required to be contained therein (or required in any successor or comparable form), including a "MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS"; and (c) promptly from time to time after the occurrence of an event required to be therein reported, such other reports on Form 8-K (or any successor or comparable form) containing the information required to be contained therein (or required in any successor or comparable form); PROVIDED, HOWEVER, that the Company shall not be in default of the provisions of this Section 4.03(i) for any failure to file reports with the Commission solely by the refusal of the Commission to accept the same for filing. Each of the financial statements contained in such reports shall be prepared in accordance with GAAP. (ii) The Trustee, within 30 days after it would have been required to file such information with at the CommissionCompany's request and expense, financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm shall promptly mail copies of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which the Company would have been required to include in all such annual reports, information, documents or and other reports if the Company had been subject provided to the requirements of such Sections 13 or 15(dTrustee pursuant to Section 4.03(i) of the Exchange Act. The Company also shall comply with the other provisions of Section 314(a) of the Trust Indenture Act. (b) So long as the Securities remain outstanding, the Company shall cause its annual report to stockholders and any other financial reports furnished by it to stockholders generally, to be mailed hereof to the Holders at their addresses appearing in the register of Securities maintained by the Security Registrar in each case at the time of such mailing Registrar. (iii) Whether or furnishing to stockholders. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to by the Exchange Actrules and regulations of the Commission, the Company shall cause its financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm file a copy of established national reputation all such information and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed reports with the Trustee Commission for public availability and mailed make such information available to the Holders within 90 days after the end of each of the Company's fiscal years securities analysts and within 45 days after the end of each of the first three quarters of each fiscal yearprospective investors upon request. (civ) The Company shall provide the Trustee with a sufficient number of copies of all reports and other documents and information that the Company Trustee may be required to deliver to the Holders under this Section 10074.03. (v) Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such 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).

Commission Reports. Whether or not required by the Commission, so long as any Notes are outstanding, OI Group shall furnish to the Holders of any Notes, within the time periods specified in the Commission’s rules and regulations: (a1) The Company all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if OI Group were required to file such Forms, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, a report on the annual financial statements by OI Group’s independent registered public accountants; and (2) all current reports that would be required to be filed with the Commission on Form 8-K if OI Group were required to file such reports. In addition, whether or not required by the Commission, OI Group shall file a copy of all of the information and reports referred to in clauses (1) and (2) above with the TrusteeCommission for public availability within the time periods specified in the Commission’s rules and regulations (unless the Commission shall not accept such a filing) and make such information available to securities analysts and prospective investors upon request. In addition, for so long as any Notes remain outstanding, the Company and the Guarantors of the Notes shall furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. OI Group shall deliver to the Trustee within 30 15 days after it files them with the Commission, Commission copies of the quarterly and annual reports and of the information, documents, and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) which the Company that OI Group is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If the Company is not subject to the requirement of such Section 13 or 15(d) of the Exchange Act; provided, however, the Company shall file with the Trustee, within 30 days after it would have been not be required to file such information with deliver to the Trustee any materials for which OI Group has sought and received confidential treatment by the Commission, financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which the Company would have been required to include in such annual reports, information, documents or other reports if the Company had been subject to the requirements of such Sections 13 or 15(d) of the Exchange Act. The Company OI Group also shall comply with the other provisions of TIA Section 314(a) ). Delivery of the Trust Indenture Act. (b) So long as the Securities remain outstandingsuch reports, the Company shall cause its annual report to stockholders information and any other financial reports furnished by it to stockholders generally, to be mailed documents to the Holders at their addresses appearing in Trustee is for informational purposes only and the register of Securities maintained by the Security Registrar in each case at the time Trustee’s receipt of such mailing shall not constitute constructive notice of any information contained therein or furnishing to stockholders. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company shall cause its financial statementsdeterminable from information contained therein, including the Company’s or the Guarantors’ compliance with any notes thereto and, with respect of its covenants hereunder (as to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with which the Trustee and mailed is entitled to the Holders within 90 days after the end of each of the Company's fiscal years and within 45 days after the end of each of the first three quarters of each fiscal yearrely exclusively on Officers’ Certificates). (c) The Company shall provide the Trustee with a sufficient number of copies of all reports and other documents and information that the Company may be required to deliver to the Holders under this Section 1007.

Commission Reports. (a) The Company Companies shall file with the Trustee, within 30 15 days after it files filing them with the Commission, copies of the quarterly and annual reports and of the information, documents, and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) which the Company is Companies are required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If the Company is Companies are not subject to the requirement requirements of such Section 13 or 15(d) of the Exchange Act, the Company Companies shall file with the Trustee, within 30 15 days after it they would have been required to file such information with the Commission, financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which the Company Companies would have been required to include in such annual reports, information, documents or other reports if the Company Companies had been subject to the requirements of such Sections 13 or 15(d) of the Exchange Act. The Company Companies also shall comply with the other provisions of Section 314(a) of the Trust Indenture Act. (b) So long as the Securities remain outstanding, the Company Companies shall cause its their annual report to stockholders and any other financial reports furnished by it them to stockholders generally, to be mailed to the Holders at their addresses appearing in the register of Securities maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholders. If the Company is Companies are not required to furnish annual or quarterly reports to its their stockholders pursuant to the Exchange Act, the Company Companies shall cause its their financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with the Trustee and mailed to the Holders within 90 days after the end of each of the Company's Companies' fiscal years and within 45 days after the end of each of the first three quarters of each fiscal year. (c) The Company Companies shall provide the Trustee with a sufficient number of copies of all reports and other documents and information that the Company Companies may be required to deliver to the Holders under this Section 10071008.

Commission Reports. Whether or not required by the Commission, so long as any Notes are outstanding, the Company shall furnish to the Trustee and the Holders of Notes, within the time periods specified in the Commission's rules and regulations: (a) The Company shall file with the Trustee, within 30 days after it files them with the Commission, copies of the all quarterly and annual reports and of the information, documents, and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) which the Company is that would be required to file be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If on Forms 10-Q and 10-K if the Company is not subject to the requirement of such Section 13 or 15(d) of the Exchange Act, the Company shall file with the Trustee, within 30 days after it would have been were required to file such information with the Commission, financial statementsreports, including any notes thereto a "Management's Discussion and Analysis of Financial Condition and Results of Operations" and, with respect to the annual information only, a report on the annual financial statements by the Company's certified independent accountants; and (b) all current reports that would be required to be filed with the Commission on Form 8-K if the Company were required to file such reports. All such reports shall be prepared in accordance with the rules and regulations of the Commission applicable to such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, an auditors' report then the quarterly and annual financial information required by an accounting firm the preceding paragraph shall include a reasonably detailed presentation, either on the face of established national reputation the financial statements or in the footnotes thereto, and a in "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. In addition, following the consummation of the Exchange Offer contemplated by the Registration Rights Agreement, whether or not required by the Commission, the Company shall file a copy of all of the information and reports referred to in clauses (a) and (b) above with the Commission for public availability within the time periods specified in the Commission's rules and regulations (unless the Commission will not accept such a filing) and make such information available to securities analysts and prospective investors upon request. The Company's reporting obligations with respect to clauses (a) and (b) above shall be deemed satisfied in the event the Company files such reports with the Commission on XXXXX and delivers a copy of such reports to the Trustees. If, at any time after consummation of the Exchange Offer contemplated by the Registration Rights Agreement, the Company is no longer subject to the periodic reporting requirements of the Exchange Act for any reason, the Company shall nevertheless continue filing the reports specified in the preceding paragraphs with the Commission, within the time periods specified above unless the Commission will not accept such a filing. The Company agrees that it will not take any action for the sole purpose of causing the Commission not to accept any such filings. If, notwithstanding the foregoing, the Commission will not accept the Company's filings for any reason, the Company shall post such reports on its website within the time periods that would have been required to include in such annual reports, information, documents or other reports apply if the Company had been subject was required to the requirements of such Sections 13 or 15(d) of the Exchange Act. The Company also shall comply file those reports with the other provisions of Section 314(a) of the Trust Indenture Act. (b) So Commission. In addition, for so long as the Securities any Notes remain outstanding, the Company shall cause its annual report to stockholders and any other financial reports furnished by it to stockholders generally, to be mailed furnish to the Holders at and to securities analysts and prospective investors, upon their addresses appearing in request, the register of Securities maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholders. If the Company is not information required to furnish annual or quarterly reports to its stockholders be delivered pursuant to Rule 144A(d)(4) under the Exchange Securities Act, the Company shall cause its financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with the Trustee and mailed to the Holders within 90 days after the end of each of the Company's fiscal years and within 45 days after the end of each of the first three quarters of each fiscal year. (c) The Company shall provide the Trustee with a sufficient number of copies of all reports and other documents and information that the Company may be required to deliver to the Holders under this Section 1007.

Commission Reports. (a) The Company shall file with Whether or not required by the Trustee, within 30 days after it files them with rules and regulations of the Commission, copies so long as any Notes are outstanding, the Company (or MSC, as the case may be) shall furnish to the Holders of the Notes (i) all quarterly and annual reports and of the information, documents, and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) which the Company is financial information that would be required to file be contained in a filing with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If on Forms 10-Q and 10-K if the Company is not subject to (or MSC, as the requirement of such Section 13 or 15(dcase may be) of the Exchange Act, the Company shall file with the Trustee, within 30 days after it would have been were required to file such information with the Commission, financial statementsForms, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable and, with respect to the annual information only, a report thereon from certified independent accountants and (ii) all current reports that which the Company would have been be required to include in such annual reports, information, documents or other reports be filed with the Commission on Form 8-K if the Company had been subject (or MSC, as the case may be) were required to file such reports. In addition, whether or not required by the rules and regulations of the Commission, the Company (or MSC, as the case may be) shall file a copy of all such information and reports with the Commission for public availability (unless the Commission will not accept such a filing) and make such information available to securities analysts and prospective investors upon request. In addition, the Company and MSC shall furnish to the requirements of such Sections 13 or 15(dHolders, and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) of under the Exchange Securities Act. The Company also shall at all times comply with the other provisions of TIA Section 314(a) of the Trust Indenture Act. (b) So long as the Securities remain outstanding, the Company shall cause its annual report to stockholders and any other ). The financial reports furnished by it to stockholders generally, information to be distributed to Holders of Notes shall be filed with the Trustee and mailed to the Holders at their addresses appearing in the register of Securities Notes maintained by the Security Registrar in each case at Registrar, within 15 days after the time of such mailing or furnishing to stockholders. If the Company is not same would be required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company shall cause its financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with the Trustee and mailed Commission if the Company were required to file the Holders within 90 days after the end of each of the Company's fiscal years and within 45 days after the end of each of the first three quarters of each fiscal year. (c) Forms containing such financial information. The Company shall provide the Trustee with a sufficient number of copies of all reports and other documents and information that and, if requested by the Company may be required to Company, the Trustee will deliver such reports to the Holders under this Section 10074.03.

Commission Reports. Whether or not required by the Commission, so long as any Notes are outstanding, OI Group shall furnish to the Holders of any Notes, within the time periods specified in the Commission’s rules and regulations: (a1) The Company all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if OI Group were required to file such Forms, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, a report on the annual financial statements by OI Group’s certified independent accountants; and (2) all current reports that would be required to be filed with the Commission on Form 8-K if OI Group were required to file such reports. In addition, whether or not required by the Commission, OI Group shall file a copy of all of the information and reports referred to in clauses (1) and (2) above with the TrusteeCommission for public availability within the time periods specified in the Commission’s rules and regulations (unless the Commission shall not accept such a filing) and make such information available to securities analysts and prospective investors upon request. In addition, for so long as any Notes remain outstanding, the Company and the Guarantors of the Notes shall furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. OI Group shall deliver to the Trustee within 30 15 days after it files them with the Commission, Commission copies of the quarterly and annual reports and of the information, documents, and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) which the Company that OI Group is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If the Company is not subject to the requirement of such Section 13 or 15(d) of the Exchange Act; provided, however, the Company shall file with the Trustee, within 30 days after it would have been not be required to file such information with deliver to the Trustee any materials for which OI Group has sought and received confidential treatment by the Commission, financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which the Company would have been required to include in such annual reports, information, documents or other reports if the Company had been subject to the requirements of such Sections 13 or 15(d) of the Exchange Act. The Company OI Group also shall comply with the other provisions of TIA Section 314(a) ). Delivery of the Trust Indenture Act. (b) So long as the Securities remain outstandingsuch reports, the Company shall cause its annual report to stockholders information and any other financial reports furnished by it to stockholders generally, to be mailed documents to the Holders at their addresses appearing in Trustee is for informational purposes only and the register of Securities maintained by the Security Registrar in each case at the time Trustee’s receipt of such mailing shall not constitute constructive notice of any information contained therein or furnishing to stockholders. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company shall cause its financial statementsdeterminable from information contained therein, including the Company’s or the Guarantors’ compliance with any notes thereto and, with respect of its covenants hereunder (as to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with which the Trustee and mailed is entitled to the Holders within 90 days after the end of each of the Company's fiscal years and within 45 days after the end of each of the first three quarters of each fiscal yearrely exclusively on Officers’ Certificates). (c) The Company shall provide the Trustee with a sufficient number of copies of all reports and other documents and information that the Company may be required to deliver to the Holders under this Section 1007.

Commission Reports. (a) The Company shall file with the Trustee, within 30 days after it files them with the Commission, copies of the quarterly and annual reports and of the information, documents, and other reports (or copies of such portions of any of the foregoing For so long as the Commission may by rules and regulations prescribe) which the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If the Company is not subject to the requirement reporting requirements of such Section 13 or 15(d) of the Exchange Act, the Company shall file with the TrusteeCommission and provide the Trustee and Holders of Notes with such annual reports and such information, within 30 days after it would have been required documents and other reports as are specified in Sections 13 and 15(d) of the Exchange Act and applicable to a U.S. corporation subject to such Sections, such information, documents and reports to be so filed and provided at the times specified for the filing of such information, documents and reports under such Sections; provided, however, that (i) the Company shall not be so obligated to file such information information, documents and reports with the Commission, financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation Commission if the Commission does not permit such filings and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which (ii) the Company would have been shall not be required to include the separate financial statements of any Subsidiary Guarantor in any such annual reports, information, documents or other reports if filing. (b) At any time when the Company had been is not subject to the reporting requirements of such Sections Section 13 or 15(d) of the Exchange Act. The Company also shall comply with the other provisions of Section 314(a) of the Trust Indenture Act. (b) So long as the Securities remain Act and any Notes are outstanding, the Company shall cause its annual report will provide to stockholders the Trustees and any other financial reports furnished by it the holders of Notes: (1) within 90 days after the end of the Company’s fiscal year, information substantially equivalent to stockholders generally, that which would be required to be mailed included in an Annual Report on Form 10-K of the Company were the Company subject to an obligation to file such a report under the Exchange Act; (2) within 45 days after the end of each of the first three fiscal quarters in each fiscal year of the Company, information substantially equivalent to that which would be required to be included in a Quarterly Report on Form 10-Q of the Company were the Company subject to an obligation to file such a report under the Exchange Act; and (3) within the time periods required by the Commission for issuers subject to the reporting requirements of Section 13(d) or 15(d) of the Exchange Act, the information that would be required to be filed with the Commission in Current Reports on Form 8-K if the Company were subject to such reporting requirements; provided, however, that the reports set forth in clauses (1), (2) and (3) above shall not be required to: (a) contain any certification required by any such form or the Sarbanes — Oxley Act of 2002, (b) include the separate financial statements of any Subsidiary Guarantor in any such filing or (c) include any exhibit. Additionally, substantially concurrently with the delivery to the Trustee and the Holders at their addresses appearing of the Notes of the reports specified in (1), (2) and (3) above, the Company shall (i) post copies of such reports on Intralinks or, if Intralinks is not reasonably available for such purpose, otherwise provide substantially comparable public availability of such reports (as determined by the Company in good faith) and (ii) in the register case of Securities maintained by clauses (1) and (2) above, hold a conference call with Holders of Notes covering such matters as are reasonably customary for companies with publicly traded debt or equity securities. (c) At the Security Registrar in each case at the time Company’s expense, regardless of such mailing or furnishing to stockholders. If whether the Company is not required to file with the Commission or furnish annual such information, documents and reports referred to in paragraph (a) or quarterly reports (b) above to its stockholders pursuant to the Exchange Act, the Company shall cause its financial statementssuch information, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation documents and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," reports to be so mailed to the Trustee at its address set forth in this Indenture and to the Holders at their addresses appearing in the register of Notes maintained by the Registrar within 15 days after it files them with the Commission or such date as they would have been required to be filed with the Trustee and mailed Commission if the Company were required to so file pursuant to the Holders within 90 days after Exchange Act. Delivery of such reports, information and documents to the end Trustee is for informational purposes only and the Trustee’s receipt of each such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company's fiscal years and within 45 days after ’s compliance with any of its covenants hereunder (as to which the end of each of the first three quarters of each fiscal yearTrustee is entitled to rely exclusively on Officers’ Certificates). (cd) The For so long as any Notes remain outstanding, the Company shall provide make available upon request, to any Holder, any holder of a beneficial interest in a Note and, upon request of any Holder or any such holder, any prospective purchaser of a Note or a beneficial interest therein, the Trustee with a sufficient number of copies of all reports and other documents and information that required pursuant to Rule 144A(d)(4) under the Securities Act during any period in which the Company may be required is not subject to deliver to Section 13 or 15(d) of the Holders under this Section 1007Exchange Act.

Commission Reports. (a) The Whether or not required by the rules and regulations of the Commission, so long as any Notes are outstanding, the Company shall furnish to the Trustee, following the consummation of the Registered Exchange Offer for the Notes, within the time periods specified in the Commission’s rules and regulations: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Company were required to file such Forms, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, a report on the annual financial statements by the Company’s certified independent accountants; and (2) all current reports that would be required to be filed with the Commission on Form 8-K if the Company were required to file such reports. All reports shall be prepared in all material respects in accordance with all of the rules and regulations applicable to such reports. In addition, following the consummation of the Registered Exchange Offer for the Notes, whether or not required by the rules and regulations of the Commission, the Company shall file a copy of all of the information and reports referred to in clauses (1) and (2) above with the Trustee, Commission for public availability within 30 days after it files them with the time periods specified in the Commission, copies of the quarterly and annual reports and of the information, documents, and other reports (or copies of such portions of any of the foregoing as the Commission may by ’s rules and regulations prescribe(unless the Commission will not accept such a filing) which and make such information available to prospective investors upon request. In addition, for so long as any Notes remain outstanding, if at any time the Company is not required to file with the Commission the reports required by paragraphs (a) and (b) of this Section 4.02 the Company and the Subsidiary Guarantor shall furnish to the Holders and to prospective investors, upon their request, the information required to be delivered pursuant to Section 13 or 15(dRule 144A(d)(4) of under the Exchange Securities Act. . (b) If the Company is not subject to has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the requirement of such Section 13 or 15(d) quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, either on the face of the Exchange Actfinancial statements or in the footnotes thereto, the Company shall file with the Trustee, within 30 days after it would have been required to file such information with the Commission, financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "in “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which ” of the financial condition and results of operations of the Company would have been required to include in such annual reports, information, documents or other reports if and its Restricted Subsidiaries separate from the Company had been subject to the requirements financial condition and results of such Sections 13 or 15(d) operations of the Exchange Act. The Company also shall comply with the other provisions of Section 314(a) of the Trust Indenture Act. (b) So long as the Securities remain outstanding, the Company shall cause its annual report to stockholders and any other financial reports furnished by it to stockholders generally, to be mailed to the Holders at their addresses appearing in the register of Securities maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholders. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company shall cause its financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with the Trustee and mailed to the Holders within 90 days after the end of each Unrestricted Subsidiaries of the Company's fiscal years and within 45 days after the end of each of the first three quarters of each fiscal year. (c) The Company shall provide Delivery of such reports, information, and documents to the Trustee with a sufficient number of copies of all reports and other documents and information that the Company may be required to deliver pursuant to the Holders under provisions of this Section 10074.02 is for informational purposes only and the Trustee’s receipt of such 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).

Commission Reports. (a) The Whether or not required by the Commission, so long as any Notes are outstanding, the Company shall file with furnish to the Trustee, within 30 days after it files them with the time periods specified in the Commission, copies of the ’s rules and regulations: (1) all quarterly and annual reports and of the information, documents, and other reports (or copies of such portions of any of the foregoing as financial information that would be required to be contained in a filing with the Commission may by rules on Forms 10-Q and regulations prescribe) which 10-K if the Company is were required to file such Forms, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, a report on the annual financial statements by the Company’s certified independent accountants; and (2) all current reports that would be required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If on Form 8-K if the Company is were required to file such reports. In addition, whether or not subject to required by the requirement of such Section 13 or 15(d) of the Exchange ActCommission, the Company shall file a copy of all of the information and reports referred to in clauses (1) and (2) above with the TrusteeCommission for public availability within the time periods specified in the Commission’s rules and regulations (unless the Commission will not accept such a filing) and make such information available to prospective investors upon request. In addition, within 30 days after it would have been for so long as any Notes remain outstanding, the Company and the Subsidiary Guarantors shall furnish to the Holders and to prospective investors, upon their request, the information required to file such be delivered pursuant to Rule 144A(d)(4) under the Securities Act. (b) If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information with required by the Commissionpreceding paragraph shall include a reasonably detailed presentation, either on the face of the financial statementsstatements or in the footnotes thereto, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "in “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which ” of the financial condition and results of operations of the Company would have been required to include in such annual reports, information, documents or other reports if and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company had been subject to with substantially the requirements same format and level of such Sections 13 or 15(d) detail as is required by Rule 3-10 of the Exchange Act. The Company also shall comply with the other provisions of Section 314(a) of the Trust Indenture Act. (b) So long as the Securities remain outstandingRegulation S-X, the Company shall cause its annual report to stockholders and any other financial reports furnished by it to stockholders generally, to be mailed to the Holders at their addresses appearing in the register of Securities maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholders. If the Company is not required to furnish annual or quarterly reports to its stockholders promulgated pursuant to the Exchange Act, the Company shall cause its financial statements, including any notes thereto andSecurities Act (as such Regulation may be amended), with respect to annual reports, an auditors' report by an accounting firm of established national reputation the Company and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with the Trustee and mailed to the Holders within 90 days after the end of each of Subsidiary Guarantors separate from the Company's fiscal years and within 45 days after the end of each of the first three quarters of each fiscal year’s Subsidiaries that are not Subsidiary Guarantors. (c) The Company shall provide Delivery of such reports, information, and documents to the Trustee with a sufficient number of copies of all reports and other documents and information that the Company may be required to deliver pursuant to the Holders under provisions of this Section 10074.02 is for informational purposes only and the Trustee’s receipt of such 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).

Commission Reports. (a) The Company shall file with From and after the Trusteedate hereof, within 30 days after it files them with whether or not required by the rules and regulations of the Commission, copies of the quarterly and annual reports and of the information, documents, and other reports (or copies of such portions of so long as any of the foregoing as the Commission may by rules and regulations prescribe) which the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If the Company is not subject to the requirement of such Section 13 or 15(d) of the Exchange ActNotes are outstanding, the Company shall file furnish to the Holders of Notes (i) all quarterly and annual financial information that would be required to be contained in a filing with the Trustee, within 30 days after it would have been Commission on Forms 10-Q and 10-K if the Company were required to file such information with the Commission, financial statementsForms, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which describes the financial condition and results of operations of the Company and its consolidated Subsidiaries and, with respect to the annual information only, a report thereon by the Company's certified independent accountants and (ii) all current reports that would have been be required to include in such annual reports, information, documents or other reports be filed with the Commission on Form 8-K if the Company had been subject were required to file such reports, in each case within the requirements time periods set forth in the Commission's rules and regulations. In addition, whether or not required by the rules and regulations of such Sections 13 or 15(d) the Commission, at any time after the consummation of the Exchange Act. The Company also shall comply with Offer contemplated by the other provisions of Section 314(a) Registration Right Agreement (or, if the Exchange Offer is not consummated, after the effectiveness of the Trust Indenture Act. (b) So long as the Securities remain outstandingShelf Registration Statement), the Company shall cause its annual report file a copy of all such information and reports with the Commission for public availability within the time periods set forth in the Commission's rules and regulations, (unless the Commission will not accept such a filing) and make such information available to stockholders securities analysts and prospective investors upon request. In addition, at all times that the Commission does not accept the filings provided for in the preceding sentence, the Company and the Guarantors shall, for so long as any other financial reports furnished by it Notes remain outstanding, furnish to stockholders generallythe Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. The financial information to be distributed to Holders of Notes shall be filed with the Trustee and mailed to the Holders at their addresses appearing in the register of Securities Notes maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholders. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange ActRegistrar, the Company shall cause its financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with the Trustee and mailed to the Holders within 90 days after the end of each of the Company's fiscal years and within 45 days after the end of each of the first three quarters of each such fiscal year. (c) . The Company shall provide the Trustee with a sufficient number of copies of all reports and other documents and information that and, if requested by the Company may be required to and at the Company's expense, the Trustee will deliver such reports to the Holders under this Section 10074.03.

Commission Reports. (a) The Company shall file with or otherwise make available to the Trustee, within 30 days after it files them with the Commission, copies of the quarterly and annual reports and of the information, documents, and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) which the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If the Company is not subject to the requirement of such Section 13 or 15(d) of the Exchange Act, the Company shall file with the Trustee, within 30 days after it would have been required to file such information with the Commission, financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which the Company would have been required to include in such annual reports, information, documents or other reports if the Company had been subject to the requirements of such Sections 13 or 15(d) of the Exchange Act. The Company also shall comply with the other provisions of Section 314(a) of the Trust Indenture Act. (b) So long as the Securities remain outstanding, the Company shall cause its annual report to stockholders and any other financial reports furnished by it to stockholders generally, to be mailed to the Holders at their addresses appearing in the register of Securities maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholders. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company shall cause its financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with the Trustee and mailed to the Holders within 90 days after the end of each of the Company's fiscal years and within 45 days after the end of each of the first three quarters of each fiscal year. (c) The Company shall provide the Trustee with a sufficient number of copies of all reports and other documents and information that the Company may be required to deliver to the Holders under this Section 100710.07.

Commission Reports. (a) The Company shall file with the Trustee, within 30 15 days after it files them with the Commission, copies of the quarterly and annual reports and of the information, documents, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) which that the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If Notwithstanding the foregoing, if the Company is not subject to the requirement requirements of such Section 13 or 15(d) of the Exchange Act, the Company shall file with the Commission and with the Trustee, within 30 15 days after it would have been required to file such information with the CommissionCommission under the Exchange Act, financial statements, including any notes thereto and, (and with respect to annual reports, an auditors' auditor's report by an accounting a firm of established national reputation reputation), and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which the Company would have been required to include in such annual reports, information, documents or other reports if the Company had been were subject to the requirements of such Sections Section 13 or 15(d) of the Exchange Act. The Subsequent to the qualification of this Indenture under the TIA, the Company also shall comply with the other provisions of Section 314(a) of the Trust Indenture ActTIA. (b) So long as If the Securities remain outstandingCompany is required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company shall cause its any annual report furnished to its stockholders generally and any quarterly or other financial reports furnished by it furnishes to its stockholders generally, generally to be mailed filed with the Trustee and the Company shall mail to the Holders at their addresses appearing in the register of Securities Senior Notes maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholdersRegistrar. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company shall cause its financial statementsstatements referred to in Section 4.02(a) hereof, including any notes thereto and, (and with respect to annual reports, an auditors' report by an accounting a firm of established national reputation reputation), and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with the Trustee and mailed to the Holders within 90 120 days after the end of each of the Company's fiscal years and within 45 60 days after the end of each of the first three fiscal quarters of each fiscal year. (c) . The Company shall provide cause to be disclosed in a statement accompanying any annual report or comparable information as of the Trustee with a sufficient number date of copies of all reports and other documents and the most recent financial statements in each such report or comparable information that the Company may be required amount available for payments pursuant to deliver to the Holders under this Section 10074.05 hereof.

Commission Reports. (a) The Company shall file with the Trustee, within 30 15 days after it files them the same with the Commission, copies of the quarterly and annual reports and of the information, documents, documents and other reports (or copies of any such portions of any of the foregoing as the Commission may by rules and regulations prescribe) which that the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If the Company is not subject to the requirement requirements of such Section 13 or 15(d) of the Exchange Act), the Company shall file with the Trustee, within 30 15 days after it would have been required to file such information the same with the Commission, financial statements, including any notes thereto and, (and with respect to annual reports, an auditors' report by an accounting a firm of established national reputation reputation), and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which the Company would have been required to include in such annual reports, information, documents or other reports if the Company had been subject to the requirements of such Sections Section 13 or 15(d) of the Exchange Act). The Company and each Subsidiary Guarantor shall also shall comply with the other provisions of TIA Section 314(a) of the Trust Indenture Act). (b) So long as If the Securities remain outstandingCompany is required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company shall cause its any annual report furnished to its stockholders generally and any quarterly or other financial reports furnished by it to its stockholders generally, generally to be filed with the Trustee and mailed to the Holders at their addresses appearing in the register of Securities Notes maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholdersRegistrar. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company shall cause its financial statementsstatements referred to in Section 4.03(b), including any notes thereto and, (and with respect to annual reports, an auditors' report by an accounting a firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," reputation), to be so filed with the Trustee and mailed to the Holders within 90 days after the end of each of the Company's fiscal years and within 45 60 days after the end of each of the Company's first three quarters of each fiscal yearquarters. (c) The Company shall provide the Trustee with a sufficient number of copies of all reports and other documents and information that the Company Trustee may be required to deliver to the Holders under this Section 1007Section. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such 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).

Commission Reports. (a) The Company shall file with the Trustee, within 30 days after it files them with the Commission, copies of the quarterly and annual reports and of the information, documents, and other reports (or copies of such portions of any of the foregoing So long as the Commission may by rules and regulations prescribe) which the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If the Company is not subject to the requirement of such Section 13 or 15(d) of do so under the Exchange Act, the Company shall file with the Trustee, within 30 days after it would have been Commission and distribute to the Holders copies of the quarterly and annual financial information required to file such information be filed with the Commission, Commission pursuant to the Exchange Act. All such financial statements, information shall include consolidated financial statements (including any notes thereto and, footnotes) prepared in accordance with respect to GAAP. Such annual reports, financial information shall also include an auditors' report opinion thereon expressed by an independent accounting firm of established national reputation and reputation. All such consolidated financial statements shall be accompanied by a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which describes the financial condition and results of operations of the Company would have been and its Restricted Subsidiaries. In addition, whether or not required to include in such annual reports, information, documents or other reports if by the Company had been subject to the requirements of such Sections 13 or 15(d) rules and regulations of the Exchange Act. The Company also shall comply with the other provisions of Section 314(a) of the Trust Indenture Act. (b) So Commission, so long as the Securities remain any Notes are outstanding, the Company shall cause its annual report to stockholders and any other financial reports furnished by it to stockholders generally, to be mailed furnish to the Holders at their addresses appearing (i) all quarterly and annual financial information that would be required to be contained in a filing with the register of Securities maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholders. If Commission on Forms 10-Q and 10-K if the Company is not were required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company shall cause its financial statementsfile such Forms, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," that complies with the rules and regulations of the Commission and that describes the financial condition and results of operations of the Company and its Restricted Subsidiaries and, with respect to the annual information only, a report thereon by the Company's certified independent accountants and (ii) all current reports that would be required to be so filed with the Commission on Form 8-K if the Company were required to file such reports. In addition, whether or not required by the rules and regulations of the Commission, the Company will submit a copy of all such information and reports to the Commission for public availability (unless the Commission will not accept such materials) and make such information available to prospective investors upon written request. In addition, during any period in which the Company is not subject to the reporting requirements of the Exchange Act, the Company shall furnish to Holders and prospective purchasers of the Notes the information required by Rule 144A(d)(4) under the Securities Act. The Company and each Subsidiary Guarantor shall at all times comply with TIA Section 314(a). The financial information to be distributed to Holders of Notes shall be filed with the Trustee and mailed to the Holders at their addresses appearing in the register of Notes maintained by the Registrar, within 90 120 days after the end of each of the Company's fiscal years and within 45 60 days after the end of each of the first three quarters of each such fiscal year. (c) . The Company shall provide the Trustee with a sufficient number of copies of all reports and other documents and information that and, if requested by the Company may be required to Company, the Trustee will deliver such reports to the Holders under this Section 10074.03.

Commission Reports. (a) A. The Company shall file with the Trustee, within 30 days after it files them with the Commission, copies of the quarterly and annual reports and of the information, documents, and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) which the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If the Company is not subject to the requirement of such Section 13 or 15(d) of the Exchange Act, the Company shall file with the Trustee, within 30 days after it would have been required to file such information with the Commission, financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which the Company would have been required to include in such annual reports, information, documents or other reports if the Company had been subject to the requirements of such Sections 13 or 15(d) of the Exchange Act. The Company also shall comply with the other provisions of Section 314(a) of the Trust Indenture Act. (b) B. So long as the Securities remain outstanding, the Company shall cause its annual report to stockholders shareholders and any other financial reports furnished by it to stockholders shareholders generally, to be mailed to the Holders at their addresses appearing in the register of Securities maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholdersshareholders. If the Company is not required to furnish annual or quarterly reports to its stockholders shareholders pursuant to the Exchange Act, the Company shall cause its financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with the Trustee and mailed to the Holders within 90 days after the end of each of the Company's fiscal years and within 45 days after the end of each of the first three quarters of each fiscal year. (c) C. The Company shall provide the Trustee with a sufficient number of copies of all reports and other documents and information that the Company may be required to deliver to the Holders under this Section 1007.

Commission Reports. (a) The Company shall file with the Trustee, within 30 15 days after it files them with the Commission, copies of the quarterly and annual reports and of the information, documents, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) which that the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If Notwithstanding the foregoing, if the Company is not subject to the requirement requirements of such Section 13 or 15(d) of the Exchange Act, the Company shall file with the Commission and with the Trustee, within 30 15 days after it would have been required to file such information files with the Commission, financial statements, including any notes thereto and, (and with respect to annual reports, an auditors' auditor's report by an accounting a firm of established national reputation reputation), and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which the Company would have been required to include in such annual reports, information, documents or other reports if the Company had been were subject to the requirements of such Sections Section 13 or 15(d) of the Exchange Act. The Subsequent to the qualification of this Indenture under the TIA, the Company also shall comply with the other provisions of Section section 314(a) of the Trust Indenture ActTIA. (b) So long as If the Securities remain outstandingCompany is required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company shall cause its any annual report furnished to its stockholders generally and any quarterly or other financial reports furnished by it furnishes to its stockholders generally, generally to be mailed filed with the Trustee and the Company shall mail to the Holders at their addresses appearing in the register of Securities Senior Notes maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholdersRegistrar. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company shall cause its financial statementsstatements referred to in Section 4.02(a) hereof, including any notes thereto and, (and with respect to annual reports, an auditors' report by an accounting a firm of established national reputation reputation), and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with the Trustee and mailed to the Holders within 90 120 days after the end of each of the Company's fiscal years and within 45 60 days after the end of each of the first three fiscal quarters of each fiscal year. (c) . The Company shall provide cause to be disclosed in a statement accompanying any annual report or comparable information as of the Trustee with a sufficient number date of copies the most recent financial statements in each such report or comparable information the amount available for payments pursuant to Section 4.05 hereof. As of all reports and other documents and information that the Company may be required to deliver to date hereof, the Holders under this Section 1007Company's fiscal year ends on [January 1].

Commission Reports. (ai) The So long as any of the Securities remain outstanding, the Company shall file provide to the Trustee within 15 days after the filing thereof with the Trustee, within 30 days after it files them with the Commission, Commission copies of the quarterly and annual reports and of the information, documents, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) which that the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If All obligors on the Company is not subject Securities shall comply with the provisions of TIA Section 314(a). Notwithstanding to the requirement reporting requirements of such Section 13 or 15(d) of the Exchange ActAct or otherwise report on an annual and quarterly basis on forms provided for such annual and quarterly reporting pursuant to rules and regulations promulgated by the Commission, the Company shall file with the Commission and provide to the Trustee (a) within 90 days after the end of each fiscal year, annual reports on Form 10-K (or any successor or comparable form) containing the information required to be contained therein (or required in such successor or comparable form), including a "MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS" and a report thereon by the Company's certified public accountants; (b) within 45 days after the end of each of the first three fiscal quarters of each fiscal year, reports on Form 10-Q (or any successor or comparable form) containing the information required to be contained therein (or required in any successor or comparable form), including a "MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS"; and (c) promptly from time to time after the occurrence of an event required to be therein reported, such other reports on Form 8-K (or any successor or comparable form) containing the information required to be contained therein (or required in any successor or comparable form); PROVIDED, HOWEVER, that the Company shall not be in default of the provisions of this Section 3.03(i) for any failure to file reports with the Commission solely by the refusal of the Commission to accept the same for filing. Each of the financial statements contained in such reports shall be prepared in accordance with GAAP. (ii) The Trustee, within 30 days after it would have been required to file such information with at the CommissionCompany's expense, financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm shall promptly mail copies of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which the Company would have been required to include in all such annual reports, information, documents or and other reports if the Company had been subject provided to the requirements of such Sections 13 or 15(dTrustee pursuant to Section 3.03(i) of the Exchange Act. The Company also shall comply with the other provisions of Section 314(a) of the Trust Indenture Act. (b) So long as the Securities remain outstanding, the Company shall cause its annual report to stockholders and any other financial reports furnished by it to stockholders generally, to be mailed hereof to the Holders at their addresses appearing in the register of Securities maintained by the Security Registrar in each case at the time of such mailing Registrar. (iii) Whether or furnishing to stockholders. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to by the Exchange Actrules and regulations of the Commission, the Company shall cause its financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm file a copy of established national reputation all such information and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed reports with the Trustee Commission for public availability and mailed make such information available to the Holders within 90 days after the end of each of the Company's fiscal years securities analysts and within 45 days after the end of each of the first three quarters of each fiscal yearprospective investors upon request. (civ) The Company shall provide the Trustee with a sufficient number of copies of all reports and other documents and information that the Company Trustee may be required to deliver to the Holders under this Section 10073.03. (v) Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such 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).

Commission Reports. (aNotwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d) The of the Exchange Act, to the extent permitted by the Exchange Act, the Company shall file with the Trustee, within 30 days after it files them with the Commission, copies and make available to the Trustee and the registered holders of the quarterly and Securities, the annual reports and of the information, documents, documents and other reports (or copies of such portions of any of the foregoing as the Commission SEC may by rules and regulations prescribe) which that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods specified therein. In the event that the Company is required not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless make available such Exchange Act information to the Trustee and the holders of the Securities as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange ActAct within the time periods specified therein or in the relevant forms. If the Company is not subject has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes to the requirement of such Section 13 or 15(d) of the Exchange Act, the Company shall file with the Trustee, within 30 days after it would have been required to file such information with the Commission, financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation statements and a "in Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which Operations and Financial Condition, of the financial condition and results of operations of the Company would have been and its Restricted Subsidiaries. In addition, the Company and the Subsidiary Guarantors agree that they shall make available to the Holders and to prospective investors, upon the request of such Holders, the information required to include in such annual reports, information, documents or other reports if be delivered pursuant to Rule 144A(d)(4) under the Company had been subject to the requirements of such Sections 13 or 15(d) of the Exchange Act. The Company also shall comply with the other provisions of Section 314(a) of the Trust Indenture Act. (b) So Securities Act so long as the Securities remain outstandingare not freely transferable under the Securities Act. For purposes of this Section 3.2, the Company shall cause its annual report and the Subsidiary Guarantors will be deemed to stockholders and any other financial reports have furnished by it to stockholders generally, to be mailed to the Holders at their addresses appearing in the register of Securities maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholders. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company shall cause its financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with the Trustee and mailed to the Holders within 90 days after the end of each of the Company's fiscal years and within 45 days after the end of each of the first three quarters of each fiscal year. (c) The Company shall provide the Trustee with a sufficient number of copies of all reports and other documents and information that the Company may be Securities as required to deliver to the Holders under by this Section 10073.2 if it has filed such reports with the Commission via the EDGAR filing system and such reports are publicly available.

Commission Reports. (a) The Company shall file with Whether or not required by the Trustee, within 30 days after it files them with rules and regulations of the Commission, copies of so long as any Loans are outstanding, the quarterly and annual reports and of the information, documents, and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) which the Company is Borrower shall be required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If the Company is not subject and shall furnish to the requirement of such Section 13 or 15(dLenders (i) of the Exchange Act, the Company shall file all quarterly and annual financial information that would be required to be contained in a filing with the Trustee, within 30 days after it would have been required to file such information with the Commission, financial statementsCommission on Forms 10-Q and 10-K, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "“Management's ’s Discussion and Analysis of Financial Condition and Results of Operations," both comparable to ” that which describes the Company would have been required to include in such annual reportsfinancial condition and results of operation of the Borrower and its consolidated Subsidiaries and, information, documents or other reports if the Company had been subject with respect to the requirements of such Sections 13 or 15(dannual information only, a report on the Borrower’s consolidated financial statements by the Borrower’s certified independent accountants and (ii) of all current reports on Form 8-K, in each case within the Exchange Act. The Company also shall comply with time periods set forth in the other provisions of Section 314(a) of the Trust Indenture ActCommission’s rules and regulations. (b) So In addition, the Borrower and the Guarantors have agreed that, for so long as the Securities any Loans remain outstanding, at any time when the Company Borrower is not current in its reporting obligations or the Commission does not accept such filings provided for in Section 4.02(a), they shall cause its annual report furnish to stockholders the Lenders and any other financial reports furnished by it to stockholders generallysecurities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. The financial information to be distributed to Lenders shall be filed with the Administrative Agent and mailed to the Holders Lenders at their addresses appearing in the register of Securities Register maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholders. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange ActAdministrative Agent, the Company shall cause its financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with the Trustee and mailed to the Holders within 90 ninety (90) days after the end of each of the Company's Borrower’s fiscal years and within 45 forty-five (45) days after the end of each of the first three quarters of each such fiscal year. (c) The Company Borrower shall provide the Trustee Administrative Agent with a sufficient number of copies of all reports and other documents and information that and, if requested by the Company may be required to Borrower and at the Borrower’s expense, the Administrative Agent will deliver such reports to the Holders Lenders under this Section 10074.02. (d) Notwithstanding the foregoing, the availability of the foregoing materials on either the Commission’s Electronic Data Gathering, Analysis and Retrieval System (or any successor system) or on the Borrower’s website, as the case may be, will be deemed to satisfy the Borrower’s delivery obligations.

Commission Reports. The Company covenants: ------------------ (a) The Company shall to file with the Trustee, within 30 days after it files them the Company is required to file the same with the Commission, copies of the quarterly and its annual reports and of the information, documents, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company is may be required to file with the Commission pursuant to Section section 13 or section 15(d) of the Exchange Act. If ; or, if the Company is not subject required to the requirement file information, documents or reports pursuant to either of such Section sections, then to file with the Commission and the Trustee, in accordance with the rules and regulations prescribed from time to time by the Commission, such supplementary and periodic information, documents and reports which may be required pursuant to section 13 or section 15(d) of the 51 Exchange Act, the Company shall in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations; (b) to file with the TrusteeTrustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture, as may be required from time to time by such rules and regulations; and (c) to transmit to all Holders of Securities, as shown on the Securities Register, within 30 days after it would have been required to file such information the filing thereof with the CommissionTrustee, financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation in the manner and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which the Company would have been required to include in such annual reports, information, documents or other reports if the Company had been subject to the requirements of such Sections 13 or 15(d) of the Exchange Act. The Company also shall comply with the other provisions of Section 314(aextent provided in section 313(c) of the Trust Indenture Act. , such summaries of information, documents and reports required to be filed by the Company pursuant to subsections (a) and (b) So long of this Section 5.2, as may be required by rules and regulations prescribed from time to time by the Securities remain outstandingCommission. Delivery of such reports, the Company shall cause its annual report to stockholders information and any other financial reports furnished by it to stockholders generally, to be mailed documents to the Holders at their addresses appearing in Trustee is for informational purposes only and the register of Securities maintained by the Security Registrar in each case at the time Trustee's receipt of such mailing shall not constitute constructive notice of any information contained therein or furnishing to stockholders. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company shall cause its financial statementsdeterminable from information contained therein, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with the Trustee and mailed to the Holders within 90 days after the end of each of information concerning the Company's fiscal years and within 45 days after compliance with any of its covenants hereunder, provided that the end of each of the first three quarters of each fiscal year. (c) The Company foregoing shall provide not relieve the Trustee with a sufficient number of copies any of all reports and other documents and information that the Company may be required to deliver to the Holders under this Section 1007its -------- responsibilities therefor.

Commission Reports. (a) The Company shall file with From and after the Trusteeearlier of the effective date of the Exchange Offer Registration Statement or the effective date of the Shelf Registration Statement, within 30 days after it files them with whether or not required by the rules and regulations of the Commission, copies of the quarterly and annual reports and of the information, documents, and other reports (or copies of such portions of so long as any of the foregoing as the Commission may by rules and regulations prescribe) which the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If the Company is not subject to the requirement of such Section 13 or 15(d) of the Exchange ActNotes are outstanding, the Company shall file furnish to the Holders of Notes (i) all quarterly and annual financial information that would be required to be contained in a filing with the Trustee, within 30 days after it would have been Commission on Forms 10-Q and 10-K if the Company were required to file such information with the Commission, financial statementsForms, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which describes the financial condition and results of operations of the Company and its consolidated Subsidiaries and, with respect to the annual information only, a report thereon by the Company's certified independent accountants and (ii) all current reports that would have been be required to include in such annual reports, information, documents or other reports be filed with the Commission on Form 8-K if the Company had been subject were required to file such reports, in each case within the requirements time periods set forth in the Commission's rules and regulations. In addition, whether or not required by the rules and regulations of such Sections 13 or 15(d) the Commission at any time after the consummation of the Exchange Act. The Company also shall comply with Offer contemplated by the other provisions of Section 314(a) of the Trust Indenture Act. (b) So long as the Securities remain outstandingRegistration Right Agreement, the Company shall cause its annual report file a copy of all such information and reports with the Commission for public availability within the time periods set forth in the Commission's rules and regulations, (unless the Commission will not accept such a filing) and make such information available to stockholders securities analysts and prospective investors upon request. In addition, at all times that the Commission does not accept the filings provided for in the preceding sentence, the Company and the Guarantors have agreed that, for so long as any other financial reports furnished by it Notes remain outstanding, they shall furnish to stockholders generallythe Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. The financial information to be distributed to Holders of Notes shall be filed with the Trustee and mailed to the Holders at their addresses appearing in the register of Securities Notes maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholders. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange ActRegistrar, the Company shall cause its financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with the Trustee and mailed to the Holders within 90 days after the end of each of the Company's fiscal years and within 45 days after the end of each of the first three quarters of each such fiscal year. (c) . The Company shall provide the Trustee with a sufficient number of copies of all reports and other documents and information that and, if requested by the Company may be required to and at the Company's expense, the Trustee will deliver such reports to the Holders under this Section 10074.03.

Commission Reports. (aNotwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d) The of the Exchange Act, to the extent permitted by the Exchange Act, the Company shall file with the Trustee, within 30 days after it files them with the Commission, copies and make available to the Trustee and the registered Holders of the quarterly and Notes, the annual reports and of the information, documents, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) which that are specified in Sections 13 and 15(d) of the Exchange Act with respect to U.S. issuers, in each case not later than 60 days after the final due dates therefor specified therein or in the relevant forms (after giving effect to any cure period specified therein). For the avoidance of doubt, no Default shall be deemed to occur under the Indenture with respect to the Notes until the expiration of such 60-day period; provided that the Trustee shall have no responsibility whatsoever to determine if such filing or posting has occurred. In the event that the Company is required not permitted to file such reports, documents and information with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If , the Company is not shall nevertheless make available such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the requirement reporting requirements of such Section 13 or 15(d) of the Exchange Act, the Company shall file with the Trustee, within 30 in each case not later than 60 days after it would have been required the final due dates therefor specified therein or in the relevant forms (after giving effect to file such information with any cure period specified therein). For the Commissionavoidance of doubt, financial statements, including any notes thereto and, no Default shall be deemed to occur under the Indenture with respect to the Notes until the expiration of such 60-day period. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual reportsfinancial information required by this Section 6.15 shall include a reasonably detailed presentation, an auditors' report by an accounting firm either on the face of established national reputation the financial statements or in the footnotes to the financial statements and a "in Management's ’s Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which Operations and Financial Condition, of the financial condition and results of operations of the Company would have been required to include in such annual reports, information, documents and its Restricted Subsidiaries. In the event that any direct or other reports if indirect parent company of the Company had been subject to the requirements of such Sections 13 or 15(d) becomes a guarantor of the Exchange Act. The Notes, the Company also shall comply with may satisfy its obligations under this Section 6.15 by furnishing financial information relating to such parent; provided that (a) such financial statements are accompanied by consolidating financial information for such parent, the other provisions of Section 314(a) Company, the Subsidiary Guarantors and the Subsidiaries of the Trust Indenture Act. Company that are not Subsidiary Guarantors in the manner prescribed by the Commission and (b) So long as the Securities remain outstanding, the Company shall cause its annual report to stockholders and any other financial reports furnished by it to stockholders generally, to be mailed to the Holders at their addresses appearing in the register of Securities maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholders. If the Company parent is not required to furnish annual or quarterly reports engaged in any business in any material respect other than incidental to its stockholders pursuant to ownership, directly or indirectly, of the Exchange Act, the Company shall cause its financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with the Trustee and mailed to the Holders within 90 days after the end of each Capital Stock of the Company's fiscal years and within 45 days after the end . Pursuant to Section 3.02(5)(a) of each of the first three quarters of each fiscal year. (c) The Company shall provide the Trustee with this Third Supplemental Indenture, a sufficient number of copies of all reports and other documents and information that the Company may be required to deliver to the Holders Default under this Section 10076.15 is subject to a 180-day cure period. During such cure period, the interest rate on the Notes shall increase by the Additional Interest.

Commission Reports. (a) The Company shall file with Whether or not required by the Trustee, within 30 days after it files them with ------------------- rules and regulations of the Commission, copies of the quarterly and annual reports and of the information, documents, and other reports (or copies of such portions of so long as any of the foregoing as the Commission may by rules and regulations prescribe) which the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If the Company is not subject to the requirement of such Section 13 or 15(d) of the Exchange ActSecurities are outstanding, the Company shall file furnish to the Holders of Securities (i) all quarterly and annual financial information that would be required to be contained in a filing with the Trustee, within 30 days after it would have been Commission on Forms 10-Q and 10-K if the Company were required to file such information with the Commission, financial statementsForms, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which describes the financial condition and results of operations of the Company and its consolidated Subsidiaries and, with respect to the annual information only, a report thereon by the Company's certified independent accountants and (ii) all current reports that would have been be required to include in such annual reports, information, documents or other reports be filed with the Commission on Form 8-K if the Company had been subject were required to file such reports, in each case within the requirements of such Sections 13 time periods set forth in the Commission's rules and regulations (the "Required Filing Dates"). In addition, whether or 15(d) not required by the rules and regulations of the Exchange Act. The Commission, the Company also shall comply file a copy of all such information and reports with the other provisions of Section 314(aCommission for public availability by the Required Filing Dates (unless the Commission will not accept such a filing) of and make such information available to securities analysts and prospective investors upon request. In addition, at all times that the Trust Indenture Act. (b) So Commission does not accept the filings provided for in the preceding sentence, the Company and the Guarantors have agreed that, for so long as the any Securities remain outstanding, they shall furnish to the Company shall cause its annual report Holders and to stockholders securities analysts and any other financial reports furnished by it to stockholders generallyprospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. The financial information to be distributed to Holders of Securities shall be filed with the Trustee and mailed to the Holders at their addresses appearing in the register of Securities maintained by the Security Registrar Registrar, promptly after each Required Filing Date, but in each case at the time of any event no later than 15 days following any such mailing or furnishing to stockholdersRequired Filing Date. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company shall cause its financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with the Trustee and mailed to the Holders within 90 days after the end of each of the Company's fiscal years and within 45 days after the end of each of the first three quarters of each fiscal year. (c) The Company shall provide the Trustee with a sufficient number of copies of all reports and other documents and information that and, if requested by the Company may be required to and at the Company's expense, the Trustee will deliver such reports to the Holders under this Section 10074.03.

Commission Reports. (a) The Company shall file with the Trustee, within 30 15 days after it files them with the Commission, copies of the quarterly and annual reports and of the information, documents, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) which that the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If the Company is not subject to the requirement requirements of such Section 13 or 15(d) of the Exchange Act, the Company shall file with the Trustee, within 30 15 days after it would have been required to file such information with the Commission, financial statements, including any notes thereto and, (and with respect to annual reports, an auditors' auditor's report by an accounting a firm of established national reputation reputation), and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which the Company would have been required to include in such annual reports, information, documents or other reports if the Company had been were subject to the requirements of such Sections Section 13 or 15(d) of the Exchange Act. The Subsequent to the qualification of this Indenture under the TIA, the Company also shall comply with the other provisions of Section section 314(a) of the Trust Indenture ActTIA. (b) So long as If the Securities remain outstandingCompany is required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company shall cause its any annual report furnished to its stockholders generally and any quarterly or other financial reports furnished by it furnishes to its stockholders generally, generally to be mailed filed with the Trustee and the Company shall mail to the Holders at their addresses appearing in the register of Securities Senior Notes maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholdersRegistrar. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company shall cause its financial statementsstatements referred to in Section 4.02(a) hereof, including any notes thereto and, (and with respect to annual reports, an auditors' report by an accounting a firm of established national reputation reputation), and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with the Trustee and mailed to the Holders within 90 120 days after the end of each of the Company's fiscal years and within 45 60 days after the end of each of the first three fiscal quarters of each fiscal year. (c) . The Company shall provide cause to be disclosed in a statement accompanying any annual report or comparable information as of the Trustee with a sufficient number date of copies the most recent financial statements in each such report or comparable information the amount available for payments pursuant to Section 4.05 hereof. As of all reports and other documents and information that the Company may be required to deliver to date hereof, the Holders under this Section 1007Company's fiscal year ends on [January 1].

Commission Reports. (a) The Company shall file with the Trustee, within 30 days after it files them with the Commission, copies of the quarterly and annual reports and of the information, documents, and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) which the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If the Company is not subject to the requirement of such Section 13 or 15(d) of the Exchange Act, the Company shall file with the Trustee, within 30 days after it would have been required to file such information with the Commission, financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which the Company would have been required to include in such annual reports, information, documents or other reports if the Company had been subject to the requirements of such Sections 13 or 15(d) of the Exchange Act. The Company also shall comply with the other provisions of Section 314(a) of the Trust Indenture Act. (b) So long as the Securities remain outstanding, the Company shall cause its annual report to stockholders shareholders and any other financial reports furnished by it to stockholders shareholders generally, to be mailed to the Holders at their addresses appearing in the register of Securities maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholdersshareholders. If the Company is not required to furnish annual or quarterly reports to its stockholders shareholders pursuant to the Exchange Act, the Company shall cause its financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with 41 49 the Trustee and mailed to the Holders within 90 days after the end of each of the Company's fiscal years and within 45 days after the end of each of the first three quarters of each fiscal year. (c) The Company shall provide the Trustee with a sufficient number of copies of all reports and other documents and information that the Company may be required to deliver to the Holders under this Section 1007.

Commission Reports. (ai) The So long as any of the Securities remain outstanding, the Company shall file provide to the Trustee within 15 days after the filing thereof with the Trustee, within 30 days after it files them with the Commission, Commission copies of the quarterly and annual reports and of the information, documents, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) which that the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If All obligors on the Securities shall comply with the provisions of TIA Section 314(a). Notwithstanding that the Company is may not be subject to the requirement reporting requirements of such Section 13 or 15(d) of the Exchange ActAct or otherwise report on an annual and quarterly basis on forms provided for such annual and quarterly reporting pursuant to rules and regulations promulgated by the Commission, the Company shall file with the Commission and provide to the Trustee (a) within 90 days after the end of each fiscal year, annual reports on Form 10-K (or any successor or comparable form) containing the information required to be contained therein (or required in such successor or comparable form), including a "MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS" and a report thereon by the Company's certified public accountants; (b) within 45 days after the end of each of the first three fiscal quarters of each fiscal year, reports on Form 10-Q (or any successor or comparable form) containing the information required to be contained therein (or required in any successor or comparable form), including a "MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS"; and (c) promptly from time to time after the occurrence of an event required to be therein reported, such other reports on Form 8-K (or any successor or comparable form) containing the information required to be contained therein (or required in any successor or comparable form); PROVIDED, HOWEVER, that the Company shall not be in default of the provisions of this Section 4.03(i) for any failure to file reports with the Commission solely by the refusal of the Commission to accept the same for filing. Each of the financial statements contained in such reports shall be prepared in accordance with GAAP. (ii) The Trustee, within 30 days after it would have been required to file such information with at the CommissionCompany's expense, financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm shall promptly mail copies of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which the Company would have been required to include in all such annual reports, information, documents or and other reports if the Company had been subject provided to the requirements of such Sections 13 or 15(dTrustee pursuant to Section 4.03(i) of the Exchange Act. The Company also shall comply with the other provisions of Section 314(a) of the Trust Indenture Act. (b) So long as the Securities remain outstanding, the Company shall cause its annual report to stockholders and any other financial reports furnished by it to stockholders generally, to be mailed hereof to the Holders at their addresses appearing in the register of Securities maintained by the Security Registrar in each case at the time of such mailing Registrar. (iii) Whether or furnishing to stockholders. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to by the Exchange Actrules and regulations of the Commission, the Company shall cause its financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm file a copy of established national reputation all such information and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed reports with the Trustee Commission for public availability and mailed make such information available to the Holders within 90 days after the end of each of the Company's fiscal years securities analysts and within 45 days after the end of each of the first three quarters of each fiscal yearprospective investors upon request. (civ) The Company shall provide the Trustee with a sufficient number of copies of all reports and other documents and information that the Company Trustee may be required to deliver to the Holders under this Section 10074.03. (v) Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such 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).

Commission Reports. (ai) The So long as any of the Securities remain Outstanding, the Company shall file with the Trustee, within 30 days after it files them with the Commission, cause copies of the all current, quarterly and annual financial reports on Forms 8-K, 10-Q and of the information10-K, documentsrespectively, and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) all proxy statements, which the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange ActAct to be filed with the Trustee and mailed to the Holders of such series of Securities at their addresses appearing in the Security Register maintained by the Security Registrar, in each case, within 15 days of filing with the Commission. If the Company is not subject to the requirement requirements of such Section 13 or 15(d) of the Exchange Act, the Company shall continue to file with the Commission and the Trustee, within 30 days after with such copy to such Holders, on the same timely basis, such reports as it would have been required to file such information with the Commission, financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which the Company would have been required to include in such annual reports, information, documents or other reports if the Company had been it were subject to the requirements of such Sections Section 13 or 15(d) of the Exchange ActAct and shall make such information available to securities analysts and prospective investors upon request. The Company shall also shall comply with the other provisions of TIA Section 314(a) of the Trust Indenture Act). (bii) So long as the Securities remain outstanding, the Company shall cause its annual report to stockholders and any other financial reports furnished by it to stockholders generally, to be mailed to the Holders at their addresses appearing in the register of Securities maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholders. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company shall cause any such annual or quarterly report to its stockholders and any other financial statementsreport furnished by it generally to its stockholders to be filed with the Trustee and mailed to the Holders of each series of Securities Outstanding at their addresses appearing in the Security Register maintained by the Security Registrar, including and such reports shall be in lieu of the delivery to such Holders of the reports on Form 10-K and 10-Q described in clause (i) above if they contain the information required by clauses (i) above and (iii) below, and if the reports are delivered within the periods specified in clause (i) above. (iii) So long as Securities of any notes thereto andseries remain Outstanding, with respect to all quarterly and annual reports, an auditors' report by an accounting firm financial reports of established national reputation and the Company shall include a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with ." (iv) So long as Securities of any series remain Outstanding, all annual financial reports of the Trustee and mailed to the Holders within 90 days after the end of each of Company shall include a report by the Company's fiscal years and within 45 days after the end of each of the first three quarters of each fiscal yearcertified independent accountants. (c) The Company shall provide the Trustee with a sufficient number of copies of all reports and other documents and information that the Company may be required to deliver to the Holders under this Section 1007.

Commission Reports. (a) The Notwithstanding that the Company shall may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company will file with the TrusteeCommission (to the extent the Commission will accept such filing), within 30 days after it files them with and make available to the CommissionTrustee and the registered Holders, copies of the quarterly and annual reports and of the information, documents, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) which that are specified in Sections 13 and 15(d) of the Exchange Act. If the Commission will not accept such filings, the Company is required will nevertheless make available such Exchange Act information to file with the Commission pursuant Trustee and the Holders as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act. . (a) If the Company is not subject has designated any of its Subsidiaries as Unrestricted Subsidiaries and any such Unrestricted Subsidiary has $10,000,000 of net assets and its assets exceed its liabilities by more than 5% of the amount by which the consolidated assets of the Company and its Subsidiaries exceed consolidated liabilities of the Company and its Subsidiaries, then the quarterly and annual financial information required by paragraph (a) shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes to the requirement of such Section 13 or 15(d) of the Exchange Act, the Company shall file with the Trustee, within 30 days after it would have been required to file such information with the Commission, financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation statements and a "in Management's ’s Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which , of the financial condition and results of operations of the Company would have been and its Restricted Subsidiaries. (b) For so long as any of the Notes remain outstanding and constitute “restricted securities” under Rule 144 under the Securities Act, the Company will furnish to the Holders of the Notes and prospective investors, upon their request, the information required to include in such annual reports, information, documents or other reports if be delivered pursuant to Rule 144A(d)(4) under the Company had been subject to Securities Act. (c) All obligors on the requirements of such Sections 13 or 15(d) of the Exchange Act. The Company also shall Notes will comply with the other provisions of Section 314(a) of the Trust Indenture Act. (bd) So long as the Securities remain outstanding, the Company shall cause its annual report to stockholders Delivery of these reports and any other financial reports furnished by it to stockholders generally, to be mailed information to the Holders at their addresses appearing in Trustee is for informational purposes only and the register Trustee’s receipt of Securities maintained by the Security Registrar in each case at the time them will not constitute constructive notice of such mailing any information contained therein or furnishing to stockholders. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company shall cause its financial statementsdeterminable from information contained therein, including the Company’s compliance with any notes thereto and, with respect of its covenants hereunder (as to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with which the Trustee and mailed is entitled to the Holders within 90 days after the end of each of the Company's fiscal years and within 45 days after the end of each of the first three quarters of each fiscal yearrely exclusively on Officer’s Certificates). (c) The Company shall provide the Trustee with a sufficient number of copies of all reports and other documents and information that the Company may be required to deliver to the Holders under this Section 1007.

Commission Reports. (a) The Company shall file with the Trustee, within 30 15 days after it files them with the Commission, copies of the quarterly and annual reports and of the information, documents, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) which that the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If Notwithstanding the foregoing, if the Company is not subject to the requirement requirements of such Section 13 or 15(d) of the Exchange Act, the Company shall file with the Commission and with the Trustee, within 30 15 days after it would have been required to file such information with the CommissionCommission under the Exchange Act, financial statements, including any notes thereto and, (and with respect to annual reports, an auditors' auditor's report by an accounting a firm of established national reputation reputation), and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which the Company would have been required to include in such annual reports, information, documents or other reports if the Company had been were subject to the requirements of such Sections Section 13 or 15(d) of the Exchange Act. The Subsequent to the qualification of this Indenture under the TIA, the Company also shall comply with the other provisions of Section 314(a) of the Trust Indenture ActTIA. (b) So long as If the Securities remain outstandingCompany is required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company shall cause its any annual report furnished to its stockholders generally and any quarterly or other financial reports furnished by it furnishes to its stockholders generally, generally to be mailed filed with the Trustee and the Company shall mail to the Holders at their addresses appearing in the register of Securities Senior PIK Notes maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholdersRegistrar. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company shall cause its financial statementsstatements referred to in Section 4.02(a) hereof, including any notes thereto and, (and with respect to annual reports, an auditors' report by an accounting a firm of established national reputation reputation), and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with the Trustee and mailed to the Holders within 90 120 days after the end of each of the Company's fiscal years and within 45 60 days after the end of each of the first three fiscal quarters of each fiscal year. (c) . The Company shall provide cause to be disclosed in a statement accompanying any annual report or comparable information as of the Trustee with a sufficient number date of copies of all reports and other documents and the most recent financial statements in each such report or comparable information that the Company may be required amount available for payments pursuant to deliver to the Holders under this Section 10074.05 hereof.

Commission Reports. (a) The Company Issuer shall file with deliver to the Trustee, within 30 15 days after it files them the Issuer is required to file the same with the Commission, copies of the quarterly and annual reports and of the information, documents, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company Issuer is required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Issuer is not required to file information, documents or reports pursuant to either of said Sections, then the Issuer shall file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports it would be required to deliver pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations. The Trustee agrees that any quarterly or annual report or other information, document or other report that the Issuer files with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If Act on the Company is not subject Commission’s XXXXX system shall be deemed to constitute delivery of such filing to the requirement Trustee. Delivery of such Section 13 or 15(d) of reports, information and documents to the Exchange Act, the Company shall file with Trustee is for informational purposes only and the Trustee, within 30 days after it would have been required to file ’s receipt of such shall not constitute constructive notice of any information with the Commission, financial statementscontained therein or determinable from information contained therein, including the Issuer’s compliance with any notes thereto and, of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). The Trustee shall be under no obligation to analyze or make any credit decisions with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which the Company would have been required to include in such annual reports, information, documents reports or other reports if the Company had been subject to the requirements of such Sections 13 or 15(d) of the Exchange Act. The Company also shall comply with the other provisions of Section 314(a) of the Trust Indenture Act. (b) So long as the Securities remain outstanding, the Company shall cause its annual report to stockholders and any other financial reports furnished information received by it to stockholders generally, to be mailed to the Holders at their addresses appearing in the register of Securities maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholders. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Actthis Section, the Company but shall cause its financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with the Trustee and mailed to the Holders within 90 days after the end of each of the Company's fiscal years and within 45 days after the end of each of the first three quarters of each fiscal year. (c) The Company shall provide the Trustee with a sufficient number of copies of all hold such reports and other documents information solely for the benefit of, and information that review by, the Company may be required to deliver to the Holders under this Section 1007.Securityholders

Commission Reports. (a) The Company shall file with Whether or not required by the Trustee, within 30 days after it files them with rules and regulations of the Commission, copies of the quarterly and annual reports and of the informationso long as any Notes are outstanding, documents, and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) which the Company is shall be required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If the Company is not subject and shall furnish to the requirement Holders of such Section 13 or 15(dNotes (i) of the Exchange Act, the Company shall file all quarterly and annual financial information that would be required to be contained in a filing with the Trustee, within 30 days after it would have been required to file such information with the Commission, financial statementsCommission on Forms 10-Q and 10-K, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "“Management's ’s Discussion and Analysis of Financial Condition and Results of Operations," both comparable to ” that which describes the financial condition and results of operation of the Company would have been required to include in such annual reportsand its consolidated Subsidiaries and, information, documents or other reports if the Company had been subject with respect to the requirements of such Sections 13 or 15(dannual information only, a report on the Company’s consolidated financial statements by the Company’s certified independent accountants and (ii) of all current reports Form 8-K, in each case within the Exchange Act. The Company also shall comply with time periods set forth in the other provisions of Section 314(a) of the Trust Indenture ActCommission’s rules and regulations. (b) So In addition, the Company and the Guarantors have agreed that, for so long as the Securities any Notes remain outstanding, at any time when the Company is not current in its reporting obligations or the Commission does not accept the filings provided for in Section 4.03(a), they shall cause its annual report furnish to stockholders the Holders and any other financial reports furnished by it to stockholders generallysecurities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. The financial information to be distributed to Holders of Notes shall be filed with the Trustee and mailed to the Holders at their addresses appearing in the register of Securities Notes maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholders. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange ActRegistrar, the Company shall cause its financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with the Trustee and mailed to the Holders within 90 days after the end of each of the Company's ’s fiscal years and within 45 days after the end of each of the first three quarters of each such fiscal year. (c) The Company shall provide the Trustee with a sufficient number of copies of all reports and other documents and information that and, if requested by the Company may be required to and at the Company’s expense, the Trustee will deliver such reports to the Holders under this Section 10074.03. (d) Notwithstanding the foregoing, the availability of the foregoing materials on either the Commission’s Electronic Data Gathering, Analysis and Retrieval System (or any successor system) or on the Company’s website, as the case may be, will be deemed to satisfy the Company’s delivery obligations.

Commission Reports. (a) The Company shall file with the Trustee, within 30 15 days after it files them the same with the Commission, copies of the quarterly and annual reports and of the information, documents, documents and other reports (or copies of any such portions of any of the foregoing as the Commission may by rules and regulations prescribe) which that the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If the Company is not subject to the requirement requirements of such Section 13 or 15(d) of the Exchange Act), the Company shall file with the Trustee, within 30 15 days after it would have been required to file such information the same with the Commission, financial statements, including any notes thereto and, (and with respect to annual reports, an auditors' report by an accounting a firm of established national reputation reputation), and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which the Company would have been required to include in such annual reports, information, documents or other reports if the Company had been subject to the requirements of such Sections Section 13 or 15(d) of the Exchange Act). The Company and each Subsidiary Guarantor shall also shall comply with the other provisions of TIA Section 314(a) of the Trust Indenture Act). (b) So long as If the Securities remain outstandingCompany is required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company shall cause its any annual report furnished to its stockholders generally and any quarterly or other financial reports furnished by it to its stockholders generally, generally to be filed with the Trustee and mailed to the Holders at their addresses appearing in the register of Securities maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholdersRegistrar. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company shall cause its financial statementsstatements referred to in Section 4.03(b), including any notes thereto and, (and with respect to annual reports, an auditors' report by an accounting a firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," reputation), to be so filed with the Trustee and mailed to the Holders within 90 days after the end of each of the Company's fiscal years and within 45 60 days after the end of each of the Company's first three quarters of each fiscal yearquarters. (c) The Company shall provide the Trustee with a sufficient number of copies of all reports and other documents and information that the Company Trustee may be required to deliver to the Holders under this Section 1007Section. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such 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).

Commission Reports. (a) The Company shall file with From and after the Trusteeearlier of the effective date of the Exchange Offer Registration Statement or the effective date of the Shelf Registration Statement, within 30 days after it files them with whether or not required by the rules and regulations of the Commission, copies of the quarterly and annual reports and of the information, documents, and other reports (or copies of such portions of so long as any of the foregoing as the Commission may by rules and regulations prescribe) which the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If the Company is not subject to the requirement of such Section 13 or 15(d) of the Exchange ActNotes are outstanding, the Company shall file furnish to the Holders of Notes (i) all quarterly and annual financial information that would be required to be contained in a filing with the Trustee, within 30 days after it would have been Commission on Forms 10-Q and 10-K if the Company were required to file such information with the Commission, financial statementsForms, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which describes the financial condition and results of operation of the Company and its consolidated subsidiaries and, with respect to the annual information only, a report thereon by the Company's certified independent accountants and (ii) all current reports that would have been be required to include in such annual reports, information, documents or other reports be filed with the Commission on Form 8-K if the Company had been subject were required to file such reports in each case within the requirements of such Sections 13 time periods set forth in the Commission's rules and regulations. In addition, whether or 15(d) not required by the rules and regulations of the Exchange Act. The Company also shall comply with the other provisions of Section 314(a) of the Trust Indenture Act. (b) So long as the Securities remain outstandingCommission, the Company shall cause its annual report file a copy of all such information and reports with the Commission for public availability (unless the Commission will not accept such a filing) and make such information available to stockholders securities analysts and prospective investors upon request. In addition, at all times that the Commission does not accept the filings provided for in the preceding sentence, the Company has agreed that, for so long as any other financial reports furnished by Notes remain outstanding, it shall furnish to stockholders generallythe Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. The financial information to be distributed to Holders of Notes shall be filed with the Trustee and mailed to the Holders at their addresses appearing in the register of Securities Notes maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholders. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange ActRegistrar, the Company shall cause its financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with the Trustee and mailed to the Holders within 90 days after the end of each of the Company's fiscal years and within 45 days after the end of each of the first three quarters of each such fiscal year. (c) . The Company shall provide the Trustee with a sufficient number of copies of all reports and other documents and information that and, if requested by the Company may be required to and at the Company's expense, the Trustee will deliver such reports to the Holders under this Section 10074.03.

Commission Reports. Notwithstanding that the Issuer may not be subject to the reporting requirements of Sections 13 or 15(d) of the Exchange Act, so long as the Securities of any series are outstanding, the Issuer (a) The Company shall file with or, should the Trustee, within 30 days after it files them Issuer at such time be a wholly-owned subsidiary of another Person and not making separate filings with the Commission, copies of such Person) shall: (a) (i) file with the quarterly Commission and make available to the Trustee and Holders within 15 days after it would be required to file with the Commission such annual reports and of the such information, documents, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company is required to file with the Commission pursuant to Section as are specified in Sections 13 or and 15(d) of the Exchange Act. If the Company is not Act and applicable to a U.S. corporation subject to such Sections; provided, however, that the requirement of Issuer shall not be so obligated to file such Section 13 or 15(d) of the Exchange Act, the Company shall file reports with the TrusteeCommission if the Commission does not permit such filing, in which event the Issuer will make available such information to the Trustee and Holders within 30 15 days after it the time the Issuer would have been be required to file such information with the Commission, financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which the Company would have been required to include in such annual reports, information, documents or other reports Commission if the Company had been Issuer were subject to the requirements of such Sections 13 or 15(d) of the Exchange Act. The Company also shall ; and (ii) comply with the other provisions of Section 314(a) of the Trust Indenture Act. (b) So long as the Securities remain outstanding, the Company shall cause its annual report The Issuer will be deemed to stockholders and any other financial have furnished such reports furnished by it referred to stockholders generally, in this Section 3.02 to be mailed to the Holders at their addresses appearing in the register of Securities maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholders. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company shall cause its financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with the Trustee and mailed to the Holders within 90 days after if the end of each of Issuer has filed such reports with the Company's fiscal years Commission via the XXXXX filing system and within 45 days after the end of each of the first three quarters of each fiscal yearsuch reports are publicly available. (c) The Company shall provide In the Trustee with event that any direct or indirect parent company of the Issuer becomes a sufficient number guarantor or co-issuer of copies of all reports and other documents and information that the Company Securities, the Issuer may be required to deliver to the Holders satisfy its obligations under this Section 10073.02 by furnishing information relating to such parent in the manner prescribed in Section 3.02. (d) Notwithstanding anything herein to the contrary, the Issuer will not be deemed to have failed to comply with its obligations under this Section 3.02 until 120 days after the date any report or other information is due hereunder.

Commission Reports. (a) The Company shall file with the Trustee, within 30 days after it files them with the Commission, copies of the quarterly and annual reports and of the information, documents, and other reports (or copies of such portions of any of the foregoing For so long as the Commission may by rules and regulations prescribe) which the Company Borrower is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If the Company is not subject to the requirement reporting requirements of such Section 13 or 15(d) of the Exchange Act, the Company Borrower shall file with the TrusteeCommission and provide to the Administrative Agent, within 30 days after it would have been required for distribution to the Lenders, such annual reports and such information, documents and other reports as are specified in Sections 13 and 15(d) of the Exchange Act and applicable to a U.S. corporation subject to such Sections, such information, documents and reports to be so filed and provided at the times specified for the filing of such information, documents and reports under such Sections; provided, however, that (i) the Borrower shall not be so obligated to file such information information, documents and reports with the Commission, financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation Commission if the Commission does not permit such filings and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which (ii) the Company would have been Borrower shall not be required to include the separate financial statements of any Subsidiary Guarantor in any such annual reports, information, documents or other reports if filing. (b) At any time when the Company had been Borrower is not subject to the reporting requirements of such Sections Section 13 or 15(d) of the Exchange Act. The Company also shall comply with the other provisions of Section 314(a) of the Trust Indenture Act. (b) So long as the Securities remain Act and any Loans are outstanding, the Company shall cause its annual report to stockholders and any other financial reports furnished by it to stockholders generally, to be mailed Borrower will provide to the Holders at their addresses appearing in the register of Securities maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholders. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant Administrative Agent, for distribution to the Exchange Act, the Company shall cause its financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with the Trustee and mailed to the Holders Lenders: (1) within 90 days after the end of each the Borrower’s fiscal year, information substantially equivalent to that which would be required to be included in an Annual Report on Form 10-K of the Company's fiscal years and Borrower were the Borrower subject to an obligation to file such a report under the Exchange Act; (2) within 45 days after the end of each of the first three fiscal quarters of in each fiscal year.year of the Borrower, information substantially equivalent to that which would be required to be included in a Quarterly Report on Form 10-Q of the Borrower were the Borrower subject to an obligation to file such a report under the Exchange Act; and (3) within the time periods required by the Commission for issuers subject to the reporting requirements of Section 13(d) or 15(d) of the Exchange Act, the information that would be required to be filed with the Commission in Current Reports on Form 8-K if the Borrower were subject to such reporting requirements; provided, however, that the reports set forth in clauses (1), (2) and (3) above shall not be required to: (a) contain any certification required by any such form or the Xxxxxxxx-Xxxxx Act of 2002, (b) include the separate financial statements of any Subsidiary Guarantor in any such filing or (c) The Company include any exhibit. Additionally, substantially concurrently with the delivery to the Administrative Agent of the reports specified in clauses (1), (2) and (3) above, the Borrower shall provide the Trustee with a sufficient number of (i) post copies of all such reports on Intralinks or, if Intralinks is not reasonably available for such purpose, otherwise provide substantially comparable public availability of such reports (as determined by the Borrower in good faith) and other documents (ii) in the case of clauses (1) and information that the Company may be required to deliver to the Holders under this Section 1007(2) above, hold a conference call with Lenders covering such matters as are reasonably customary for companies with publicly traded debt or equity securities.

Commission Reports. (a) The Company shall file with or otherwise make available to the Trustee, within 30 days after it files them with the Commission, copies of the quarterly and annual reports and of the information, documents, and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) which the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If the Company is not subject to the requirement of such Section 13 or 15(d) of the Exchange Act, the Company shall file with the Trustee, within 30 days after it would have been required to file such information with the Commission, financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which the Company would have been required to include in such annual reports, information, documents or other reports if the Company had been subject to the requirements of such Sections 13 or 15(d) of the Exchange Act. The Company also shall comply with the other provisions of Section 314(a) of the Trust Indenture Act. (b) So long as the Securities remain outstanding, the Company shall cause its annual report to stockholders and any other financial reports furnished by it to stockholders generally, to be mailed to the Holders at their addresses appearing in the register of Securities maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholders. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company shall cause its financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with the Trustee and mailed to the Holders within 90 days after the end of each of the Company's fiscal years and within 45 days after the end of each of the first three quarters of each fiscal year. (c) The Company shall provide the Trustee with a sufficient number of copies of all reports and other documents and information that the Company may be required to deliver to the Holders under this Section 1007.

Commission Reports. (a) The Company shall file with the Trustee, within 30 days after it files them with Whether or not required by the Commission, copies so long as any Notes are outstanding, the Company shall furnish to the Trustee for forwarding to the Holders of Notes, within the time periods specified in the Commission's rules and regulations: (1) all quarterly and annual reports and of the information, documents, and other reports (or copies of such portions of any of the foregoing as financial information that would be required to be contained in a filing with the Commission may by rules on Forms 10-Q and regulations prescribe) which 10-K if the Company is were required to file such Forms, including a "Management's Discussion and Analysis of Financial Condition and Results of Operations" and, with respect to the annual information only, a report on the annual financial statements by the Company's certified independent accountants; and (2) all current reports that would be required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If on Form 8-K if the Company is were required to file such reports. In addition, whether or not subject to required by the requirement of such Section 13 or 15(d) of the Exchange ActCommission, the Company shall file a copy of all of the information and reports referred to in clauses (1) and (2) above with the TrusteeCommission for public availability within the time periods specified in the Commission's rules and regulations (unless the Commission will not accept such a filing) and make such information available to Holders and prospective investors upon request. In addition, within 30 days after it would have been the Company and the Subsidiary Guarantors shall, for so long as any Notes remain outstanding, furnish to the Holders and to prospective investors, upon their request, the information required to file such be delivered pursuant to Rule 144A(d)(4) under the Securities Act. (b) If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information with required by the Commissionpreceding paragraph shall include a reasonably detailed presentation, either on the face of the financial statementsstatements or in the footnotes thereto, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a in "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which of the financial condition and results of operations of the Company would have been required to include in such annual reports, information, documents or other reports if and its Restricted Subsidiaries separate from the Company had been subject to the requirements financial condition and results of such Sections 13 or 15(d) operations of the Exchange Act. The Company also shall comply with the other provisions of Section 314(a) of the Trust Indenture Act. (b) So long as the Securities remain outstanding, the Company shall cause its annual report to stockholders and any other financial reports furnished by it to stockholders generally, to be mailed to the Holders at their addresses appearing in the register of Securities maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholders. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company shall cause its financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with the Trustee and mailed to the Holders within 90 days after the end of each Unrestricted Subsidiaries of the Company's fiscal years and within 45 days after the end of each of the first three quarters of each fiscal year. (c) The Company shall provide Delivery of such reports, information, and documents to the Trustee with a sufficient number of copies of all reports and other documents and information that the Company may be required to deliver pursuant to the Holders under provisions of this Section 10074.02 is for informational purposes only and the Trustee's receipt of such 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).

Commission Reports. (a) The Company shall file with the Trustee, within 30 days after it files them with the Commission, copies of the quarterly and annual reports and of the information, documents, and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) which the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If the Company is not subject to the requirement of such Section 13 or 15(d) of the Exchange Act, the Company shall file with the Trustee, within 30 days after it would have been required to file such information with the Commission, financial statementscopies of the quarterly and annual reports and of the information, including documents, and other reports (or copies of such portions of any notes thereto and, with respect to annual reports, an auditors' report of the foregoing as the Commission may by an accounting firm of established national reputation rules and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that regulations prescribe) which the Company would have been MCN is required to include in such annual reports, information, documents or other reports if file with the Company had been subject Commission pursuant to the requirements of such Sections Section 13 or 15(d) of the Exchange Act. The Company also shall comply with the other provisions of Section 314(a) of the Trust Indenture Act. (b) So long as the Securities remain outstandingoutstanding and the Company is required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company shall cause its (and, if the Support Agreement is still in effect, MCN's) annual report to stockholders and any other financial reports, if such reports are required to be provided by the Exchange Act, furnished by it (or MCN as the case may be) to stockholders generally, to be mailed to the Holders at their addresses appearing in the register of Securities maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholders. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company shall cause its MCN's financial statements (or, if the Support Agreement is no longer in effect, the Company's financial statements), including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with the Trustee and mailed to the Holders within 90 days after the end of each of MCN's (or the Company's as the case may be) fiscal years and within 45 days after the end of each of the first three quarters of each fiscal year. (c) The Company shall provide the Trustee with a sufficient number of copies of all reports and other documents and information that the Company may be required to deliver to the Holders under this Section 1007.

Commission Reports. (a) The Company shall file with the Trustee, within 30 days after it files them with the Commission, copies of the quarterly and annual reports and of the information, documents, and other reports (or copies of such portions of any of the foregoing So long as the Commission may by rules and regulations prescribe) which the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If the Company is not subject to the requirement of such Section 13 or 15(d) of do so under the Exchange Act, the Company shall file with the Trustee, within 30 days after it would have been Commission and distribute to the Holders copies of the quarterly and annual financial information required to file such information be filed with the Commission, Commission pursuant to the Exchange Act. All such financial statements, information shall include consolidated financial statements (including any notes thereto and, footnotes) prepared in accordance with respect to GAAP. Such annual reports, financial information shall also include an auditors' report opinion thereon expressed by an independent accounting firm of established national reputation and reputation. All such consolidated financial statements shall be accompanied by a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which describes the financial condition and results of operations of the Company would have been and its Restricted Subsidiaries. In addition, whether or not required to include in such annual reports, information, documents or other reports if by the Company had been subject to the requirements of such Sections 13 or 15(d) rules and regulations of the Exchange Act. The Company also shall comply with the other provisions of Section 314(a) of the Trust Indenture Act. (b) So Commission, so long as the Securities remain any Notes are outstanding, the Company shall cause its annual report to stockholders and any other financial reports furnished by it to stockholders generally, to be mailed furnish to the Holders at their addresses appearing (i) all quarterly and annual financial information that would be required to be contained in a filing with the register of Securities maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholders. If Commission on Forms 10-Q and 10-K if the Company is not were required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company shall cause its financial statementsfile such Forms, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," that complies with the rules and regulations of the Commission and that describes the financial condition and results of operations of the Company and its Restricted Subsidiaries and, with respect to the annual information only, a report thereon by the Company's certified independent accountants and (ii) all current reports that would be required to be so filed with the Commission on Form 8-K if the Company were required to file such reports. In addition, whether or not required by the rules and regulations of the Commission, the Company will submit a copy of all such information and reports to the Commission for public availability (unless the Commission will not accept such materials) and make such information available to prospective investors upon written request. In addition, during any period in which the Company is not subject to the reporting requirements of the Exchange Act, the Company shall furnish to holders and prospective purchasers of the Notes the information required by Rule 144A(d)(4) under the Securities Act. The Company shall at all times comply with TIA Section 314(a). The financial information to be distributed to Holders of Notes shall be filed with the Trustee and mailed to the Holders at their addresses appearing in the register of Notes maintained by the Registrar, within 90 120 days after the end of each of the Company's fiscal years and within 45 60 days after the end of each of the first three quarters of each such fiscal year. (c) . The Company shall provide the Trustee with a sufficient number of copies of all reports and other documents and information that and, if requested by the Company may be required to Company, the Trustee will deliver such reports to the Holders under this Section 10074.03.

Commission Reports. (a) The Company shall file with From and after the Trusteeearlier of the effective date of the Exchange Offer Registration Statement or the effective date of the Shelf Registration Statement, within 30 days after it files them with whether or not required by the rules and regulations of the Commission, copies of the quarterly and annual reports and of the information, documents, and other reports (or copies of such portions of so long as any of the foregoing as the Commission may by rules and regulations prescribe) which the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If the Company is not subject to the requirement of such Section 13 or 15(d) of the Exchange ActNotes are outstanding, the Company shall file furnish to the Holders of Notes (i) all quarterly and annual financial information that would be required to be contained in a filing with the Trustee, within 30 days after it would have been Commission on Forms 10-Q and 10-K if the Company were required to file such information with the Commission, financial statementsForms, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable and, with respect to the annual information only, a report thereon by the Company's certified independent accountants and (ii) all current reports that which would be required to be filed with the Commission on Form 8- K if the Company were required to file such reports. In addition, whether or not required by the rules and regulations of the Commission, the Company shall file a copy of all such information and reports with the Commission for public availability (unless the Commission will not accept such a filing) within the time periods that would have been required to include in such annual reports, information, documents or other reports if applicable had the Company had been subject to such rules and regulations and make such information available to securities analysts and prospective investors upon request. In addition, the requirements of such Sections 13 or 15(dCompany has agreed that, for so long as any Notes remain outstanding, it shall furnish to the Holders, to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) of under the Exchange Securities Act. The Company also shall at all times comply with the other provisions of TIA Section 314(a) of the Trust Indenture Act. (b) So long as the Securities remain outstanding, the Company shall cause its annual report to stockholders and any other ). The financial reports furnished by it to stockholders generally, information to be distributed to Holders of Notes shall be filed with the Trustee and mailed to the Holders at their addresses appearing in the register of Securities Notes maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholders. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange ActRegistrar, the Company shall cause its financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with the Trustee and mailed to the Holders within 90 days after the end of each of the Company's fiscal years and within 45 days after the end of each of the first three quarters of each such fiscal year. (c) . The Company shall provide the Trustee with a sufficient number of copies of all reports and other documents and information that and, if requested by the Company may be required to Company, the Trustee will deliver such reports to the Holders under this Section 10074.03.

Commission Reports. (a) The Company shall file with the TrusteeAfter December 31, within 30 days after it files them with the Commission2004, copies of the quarterly and annual reports and of the information, documents, and other reports (whether or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) which not the Company is required to file with the Commission pursuant then subject to Section 13 or 15(d13(a) of the Exchange Act. If the Company is not subject to the requirement of such Section 13 or 15(d) of the Exchange Act, the Company shall will (a) file with the TrusteeCommission (unless such filing is not permitted under the Exchange Act), within 30 days after it would have been required to file such information with so long as the CommissionSecurities are outstanding, financial statements, including any notes thereto and, with respect to the annual reports, an auditors' report by an accounting firm of established national reputation quarterly reports and a "Management's Discussion other periodic reports (including financial statements and Analysis of Financial Condition and Results of Operations," both comparable to that reports) which the Company would have been required to include file with the Commission pursuant to such Section 13(a) or 15(d) if the Company were so subject, and such documents shall be filed with the Commission on or prior to the respective dates (the "Required Filing Dates") by which the Company would have been required so to file such documents if the Company were so subject. After December 31, 2004, the Company will also in any event (i) within 15 days of each Required Filing Date, (a) transmit or cause to be transmitted by mail to all Holders of Securities, as their names and addresses appear in the Security Register, without cost to such Holders, and (b) file with the Trustee copies of the annual reports, information, documents or quarterly reports and other periodic reports if which the Company had would have been subject required to file with the requirements of such Sections 13 Commission pursuant to Section 13(a) or 15(d) of the Exchange Act if the Company were subject to such Sections and (ii) if filing such documents by the Company with the Commission is prohibited under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder at the Company's cost. The Company also shall comply with the other provisions of Section TIA 314(a) of the Trust Indenture Act. (b) So ). Commencing on January 1, 2005, and for so long as the any Securities remain outstanding, the Company shall cause its annual report to stockholders and if at any other financial reports furnished by it to stockholders generally, to be mailed to the Holders at their addresses appearing in the register of Securities maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholders. If the Company is not required to furnish annual or quarterly file with the Commission the reports to its stockholders pursuant to the Exchange Actrequired by clauses (a) and (b) of this Section 4.2, the Company shall cause its financial statementswill furnish to the Holders and to securities analysts and prospective investors, including any notes thereto andupon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. Any Default with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed this Section 4.2 with the Trustee and mailed respect to the failure to file or deliver reports or other materials shall be deemed automatically cured and waived by the Holders within 90 days after the end of each of the Company's fiscal years and within 45 days after Securities by the end filing of each or deliver of the first three quarters of each fiscal yearsuch reports or other materials. (c) The Company shall provide the Trustee with a sufficient number of copies of all reports and other documents and information that the Company may be required to deliver to the Holders under this Section 1007.

Commission Reports. (a) The Company shall file with Whether or not required by the Trustee, within 30 days after it files them with rules and regulations of the Commission, copies of the quarterly and annual reports and of the information, documents, and other reports (or copies of such portions of so long as any of the foregoing as the Commission may by rules and regulations prescribe) which the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If the Company is not subject to the requirement of such Section 13 or 15(d) of the Exchange ActNotes are outstanding, the Company shall file furnish to the Holders of Notes (i) all quarterly and annual financial information that would be required to be contained in a filing with the Trustee, within 30 days after it would have been Commission on Forms 10-Q and 10-K if the Company were required to file such information with the Commission, financial statementsForms, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which describes the financial condition and results of operations of the Company and its consolidated Subsidiaries and, with respect to the annual information only, a report thereon by the Company's certified independent accountants and (ii) all current reports that would have been be required to include in such annual reports, information, documents or other reports be filed with the Commission on Form 8-K if the Company had been subject were required to file such reports, in each case within the requirements of such Sections 13 or 15(d) time periods specified in the Commission's rules and regulations. In addition, following the consummation of the Exchange Offer, whether or not required by the rules and regulations of the Commission, the Company will file a copy of all such information and reports with the Commission for public availability within the time periods specified in the Commission's rules and regulations (unless the Commission will not accept such a filing) and make such information available to securities analysts and prospective investors upon request. In addition, the Company has agreed that, for so long as is required for an offer or sale of the Notes to qualify for an exemption under Rule 144A, it will furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. The Company also and each Subsidiary Guarantor shall at all times comply with the other provisions of TIA Section 314(a) of the Trust Indenture Act. (b) So long as the Securities remain outstanding, the Company shall cause its annual report to stockholders and any other ). The financial reports furnished by it to stockholders generally, information to be distributed to Holders of Notes shall be filed with the Trustee and mailed to the Holders at their addresses appearing in the register of Securities Notes maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholders. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange ActRegistrar, the Company shall cause its financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with the Trustee and mailed to the Holders within 90 120 days after the end of each of the Company's fiscal years and within 45 60 days after the end of each of the first three quarters of each such fiscal year. (c) . The Company shall provide the Trustee with a sufficient number of copies of all reports and other documents and information that and, if requested by the Company may be required to Company, the Trustee will deliver such reports to the Holders under this Section 10074.03.

Commission Reports. (a) The Company shall file with the Trustee, within 30 days after it files them with Whether or not required by the Commission, copies so long as any Notes are outstanding, the Company will furnish to the Trustee and the Holders of Notes, within the time periods specified in the Commission’s rules and regulations (including any permitted extensions): (i) all quarterly and annual reports and of the information, documents, and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) which the Company is financial information that would be required to file be contained in a filing with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If on Forms 10-Q and 10-K if the Company is not subject to the requirement of such Section 13 or 15(d) of the Exchange Act, the Company shall file with the Trustee, within 30 days after it would have been were required to file such information with the Commission, financial statementsForms, including any notes thereto a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, a report on the annual financial statements by the Company’s certified independent accountants; and (ii) all current reports that would be required to be filed with the Commission on Form 8-K if the Company were required to file such reports, an auditors' provided that the Company shall not be required to deliver any such quarterly report or information or current report if such report or information is filed with the Commission and made publicly available on the Commission’s XXXXX website. (b) In addition, whether or not required by an accounting firm the Commission, the Company will file a copy of established national reputation all of the information and reports referred to in clauses (a)(i) and (ii) above with the Commission for public availability within the time periods specified in the Commission’s rules and regulations (unless the Commission will not accept such a "filing). In addition, the Company and the Guarantors have agreed that, for so long as any Notes remain outstanding, they will furnish to the Trustee and the Holders, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. (c) If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by Section 4.03(a) shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto, and in “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which ” of the financial condition and results of operations of the Company would have been required to include in such annual reports, information, documents or other reports if and its Restricted Subsidiaries separate from the Company had been subject to the requirements financial condition and results of such Sections 13 or 15(d) operations of the Exchange Act. The Company also shall comply with the other provisions of Section 314(a) Unrestricted Subsidiaries of the Trust Indenture ActCompany. (bd) So Notwithstanding the foregoing, so long as Parent Guarantor is reporting consolidated financials with the Securities remain outstandingCommission that are compliant with the Exchange Act and the other reporting requirements of Section 4.03(a)-(c), the Company shall cause its annual report not be obligated to stockholders and comply with any other financial reports furnished by it to stockholders generally, to be mailed to the Holders at their addresses appearing in the register of Securities maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholders. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company shall cause its financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with the Trustee and mailed to the Holders within 90 days after the end of each of the Company's fiscal years and within 45 days after the end of each of the first three quarters of each fiscal yearreporting requirements set forth in Section 4.03(a)-(c). (c) The Company shall provide the Trustee with a sufficient number of copies of all reports and other documents and information that the Company may be required to deliver to the Holders under this Section 1007.

Commission Reports. The Company shall, so long as any of the Securities are outstanding (other than Subordinated Securities): (a) The Company shall file with the TrusteeTrustee (electronically or in hard copy), within 30 15 days after it the Company files them the same with the Commission, copies of the quarterly and annual reports and of the information, documents, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which that the Company is may be required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. If ; or, if the Company is not subject required to the requirement file information, documents or reports pursuant to either of such Section 13 or 15(d) of the Exchange ActSections, then the Company shall file with the TrusteeTrustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports that may be required pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations; notwithstanding anything to the contrary herein, the Trustee shall have no duty to review such documents for the purposes of determining compliance with any provision of this Indenture; (b) file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such additional information, documents and reports with respect to compliance by the Company with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and (c) transmit by mail to all Holders, as their names and addresses appear in the register kept by the Registrar, within 30 days after it would have been required to file such information the filing thereof with the CommissionTrustee, financial statements, including such summaries of any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which the Company would have been required to include in such annual reports, information, documents or other and reports if required to be filed by the Company had been subject pursuant to Section 4.4(a) or 4.4(b) as may be required by the requirements rules and regulations prescribed from time to time by the Commission; provided, however, that the Company will be deemed to have furnished such information, documents and reports to Holders if it has filed such information, documents and reports with the Commission using the XXXXX filing system and such information, documents and reports are publicly available via XXXXX. The filing of such Sections 13 or 15(d) of the Exchange Act. The Company also shall comply with the other provisions of Section 314(a) of the Trust Indenture Act. (b) So long as the Securities remain outstandinginformation, the Company shall cause its annual report to stockholders documents and any other financial reports furnished by it to stockholders generally, to be mailed to the Holders at their addresses appearing in the register of Securities maintained by the Security Registrar in each case at the time of such mailing or furnishing to stockholders. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company shall cause its financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with the Trustee is for informational purposes only and mailed to the Holders within 90 days after the end Trustee’s receipt of each such information, documents and reports shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company's fiscal years and within 45 days after the end ’s compliance with any of each of the first three quarters of each fiscal year. its covenants hereunder (c) The Company shall provide as to which the Trustee with a sufficient number of copies of all reports and other documents and information that the Company may be required is entitled to deliver to the Holders under this Section 1007rely exclusively on Officers’ Certificates).

Commission Reports. (a) The Notwithstanding that the Company shall may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company will file with the TrusteeCommission (to the extent the Commission will accept such filing), within 30 days after it files them with and make available to the CommissionTrustee and the registered Holders, copies of the quarterly and annual reports and of the information, documents, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) which that are specified in Sections 13 and 15(d) of the Exchange Act. If the Commission will not accept such filings, the Company is required will nevertheless make available such Exchange Act information to file with the Commission pursuant Trustee and the Holders as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act. . (b) If the Company is not subject has designated any of its Subsidiaries as Unrestricted Subsidiaries and any such Unrestricted Subsidiary has $10,000,000 of net assets and its assets exceed its liabilities by more than 5% of the amount by which the consolidated assets of the Company and its Subsidiaries exceed consolidated liabilities of the Company and its Subsidiaries, then the quarterly and annual financial information required by paragraph (a) shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes to the requirement of such Section 13 or 15(d) of the Exchange Act, the Company shall file with the Trustee, within 30 days after it would have been required to file such information with the Commission, financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation statements and a "in Management's ’s Discussion and Analysis of Financial Condition and Results of Operations," both comparable to that which , of the financial condition and results of operations of the Company would have been and its Restricted Subsidiaries. (c) For so long as any of the Notes remain outstanding and constitute “restricted securities” under Rule 144 under the Securities Act, the Company will furnish to the Holders of the Notes and prospective investors, upon their request, the information required to include in such annual reports, information, documents or other reports if be delivered pursuant to Rule 144A(d)(4) under the Company had been subject to Securities Act. (d) All obligors on the requirements of such Sections 13 or 15(d) of the Exchange Act. The Company also shall Notes will comply with the other provisions of Section 314(a) of the Trust Indenture Act. (be) So long as the Securities remain outstanding, the Company shall cause its annual report to stockholders Delivery of these reports and any other financial reports furnished by it to stockholders generally, to be mailed information to the Holders at their addresses appearing in Trustee is for informational purposes only and the register Trustee’s receipt of Securities maintained by the Security Registrar in each case at the time them will not constitute constructive notice of such mailing any information contained therein or furnishing to stockholders. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company shall cause its financial statementsdeterminable from information contained therein, including the Company’s compliance with any notes thereto and, with respect of its covenants hereunder (as to annual reports, an auditors' report by an accounting firm of established national reputation and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so filed with which the Trustee and mailed is entitled to the Holders within 90 days after the end of each of the Company's fiscal years and within 45 days after the end of each of the first three quarters of each fiscal yearrely exclusively on Officer’s Certificates). (c) The Company shall provide the Trustee with a sufficient number of copies of all reports and other documents and information that the Company may be required to deliver to the Holders under this Section 1007.