Common use of Commission Reports Clause in Contracts

Commission Reports. (a) The Company promptly will deliver to the Trustee, but in any event no later than 15 days after it files with the Commission, copies of the quarterly and annual reports and of the information, documents and other reports, if any, which the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. Notwithstanding that the Company may not be required to remain subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company will file with the Commission all information, documents and reports required to be filed with the Commission to the extent permitted, and provide the Trustee and the Holders with such annual reports and such information, documents and other reports specified in Sections 13 and 15(d) of the Exchange Act. The Company and the Issuer shall also comply with the other provisions of TIA § 314(a). (b) Regardless of whether the Company is required to furnish such reports to its stockholders pursuant to the Exchange Act, the Company (at its own expense) shall cause its consolidated financial statements, comparable to those which would have been required to appear in annual or quarterly reports, to be delivered to the Trustee and the Holders. (c) For so long as any of the Securities remain outstanding, the Company will make available to any prospective purchaser of the Securities or beneficial owner of the Securities in connection with any sale thereof the information required by Rule 144A(d)(4) under the Securities Act during any period when the Company is not subject to Section 13 or 15(d) under the Exchange Act. (d) 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 promptly will deliver to the Trustee, but in any event no later than 15 days after it files with the Commission, shall cause copies of the all current, quarterly and annual financial reports on Forms 8-K, 10-Q and of the information10-K, documents respectively, and other reports, if anyall proxy statements, which the Company is then required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. Notwithstanding that the Company may not be required to remain subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company will file with the Commission all information, documents and reports required Act to be filed with the Commission Trustee and mailed to the extent permittedHolders of such series of Securities at their addresses appearing in the Security Register maintained by the Security Registrar, and provide in each case, within 15 days of filing with the Trustee and the Holders with such annual reports and such information, documents and other reports specified in Sections 13 and 15(d) of the Exchange ActCommission. The Company and the Issuer shall also comply with the other provisions of TIA § ss. 314(a). (bii) Regardless of whether If the Company is required to furnish such annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company (at its own expense) shall cause its consolidated financial statements, comparable to those which would have been required to appear in any such annual or quarterly reports, report to its stockholders and any other financial report furnished by it generally to its stockholders to be delivered to filed with the Trustee and mailed to the Holders. (c) For so long as any Holders of each series of Securities Outstanding at their addresses appearing in the Security Register maintained by the Security Registrar, and such reports shall be in lieu of the Securities remain outstanding, the Company will make available delivery to any prospective purchaser such Holders of the Securities or beneficial owner of the Securities reports on Form 10-K and 10-Q described in connection with any sale thereof clause (i) above if they contain the information required by Rule 144A(d)(4clause (i) under the Securities Act during any period when the Company is not subject to Section 13 or 15(d) under the Exchange Actabove. (diii) Delivery of such reports, information and documents to the Trustee is for informational information purposes only and the Trustee’s 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ ' Certificates).

Commission Reports. (a) The Company promptly will deliver to the Trustee, but in any event no later than 15 days after it files with the Commission, copies of the quarterly and annual reports and of the information, documents and other reports, if any, which the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. Notwithstanding that the Company may not be required to remain subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company will file with the Commission all information, documents and reports required to be filed with the Commission to the extent permitted, and provide the Trustee and the Holders with such annual reports and such information, documents and other reports specified in Sections 13 and 15(d) of the Exchange Act. The Company and the Issuer shall also comply with the other provisions of TIA § ss. 314(a). (b) Regardless of whether the Company is required to furnish such reports to its stockholders pursuant to the Exchange Act, the Company (at its own expense) shall cause its consolidated financial statements, comparable to those which would have been required to appear in annual or quarterly reports, to be delivered to the Trustee and the Holders. (c) For so long as any of the Securities remain outstanding, the Company will make available to any prospective purchaser of the Securities or beneficial owner of the Securities in connection with any sale thereof the information required by Rule 144A(d)(4) under the Securities Act during any period when the Company is not subject to Section 13 or 15(d) under the Exchange Act. (d) Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ ' Certificates).

Commission Reports. (a) The Company promptly will deliver to the Trustee, but in any event no later than 15 days after it files the filing of the same with the Commission, copies of the quarterly and annual reports and of the information, documents and other reports, if any, which the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. Notwithstanding that the Company may not be required to remain subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company will file with the Commission all information, documents and reports required to be filed with the Commission to the extent permitted, and provide the Trustee and the Holders with such annual reports and such information, documents and other reports specified in Sections 13 and 15(d) of the Exchange Act. The Company and the Issuer shall also comply with the other provisions of TIA § 314(a). (b) Regardless of whether the Company is required to furnish such reports to its stockholders pursuant to the Exchange Act, the Company (at its own expense) shall cause its consolidated financial statements, comparable to those which would have been required to appear in annual or quarterly reports, to be delivered to the Trustee and the Holders. (c) For so long as any of the Securities remain outstanding, the Company will make available to any prospective purchaser of the Securities or beneficial owner of the Securities in connection with any sale thereof the information required by Rule 144A(d)(4) under the Securities Act during any period when the Company is not subject to Section 13 or 15(d) under the Exchange Act. (d) 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’ Officer’s Certificates).

Commission Reports. (a) The Company promptly will deliver to the Trustee, but in any event no later than 15 days after it files 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 upon their request therefor, within the time periods specified in the Commission's rules and regulations: (1) all quarterly and annual reports financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and of the information, documents and other reports, 10-K if any, which 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 the Commission pursuant to Section 13 or 15(d) of the Exchange Act. Notwithstanding that the Company may not be required to remain subject respect to the reporting requirements of Section 13 or 15(dannual information only, a report on the annual financial statements by the Company's certified independent accountants; and (2) of the Exchange Act, the Company will file with the Commission all information, documents and 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. In addition, whether or not required by the extent permittedCommission, the Company shall file a copy of all of the information and provide reports referred to in clauses (1) and (2) above with the Trustee and Commission for public availability within the Holders with such annual reports and such information, documents and other reports time periods specified in Sections 13 the Commission's rules and 15(dregulations (unless the Commission will not accept such a filing) of and make such information available to prospective investors upon request. In addition, the Exchange Act. The Company and the Issuer shall also comply with the other provisions of TIA § 314(a). (b) Regardless of whether the Company is required to furnish such reports to its stockholders pursuant to the Exchange ActSubsidiary Guarantors have agreed that, the Company (at its own expense) shall cause its consolidated financial statements, comparable to those which would have been required to appear in annual or quarterly reports, to be delivered to the Trustee and the Holders. (c) For for so long as any of the Securities Notes remain outstanding, they will furnish to the Company will make available Holders and to any prospective purchaser of the Securities or beneficial owner of the Securities in connection with any sale thereof investors, upon their request, the information required by to be delivered pursuant to Rule 144A(d)(4) under the Securities Act during any period when the Company is not subject to Section 13 or 15(d) under the Exchange Act. (db) Delivery of such reports, information information, and documents to the Trustee pursuant to the provisions of this Section 4.02 is for informational purposes only and the Trustee’s 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ ' Certificates).

Commission Reports. (a) The Company promptly will deliver to the Trustee, but in any event no later than Trustee within 15 days after it files with the Commission, copies of the quarterly and annual reports and of the information, documents and other reports, if any, which the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. Notwithstanding that the Company may not be required to remain subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company (at its own expense) will file with the Commission all information, documents and reports required to be filed with the Commission to the extent permitted, and provide the Trustee and the Holders with such annual reports and such information, documents and other reports specified in Sections 13 and 15(d) of the Exchange Act. The Upon qualification of this Indenture under the TIA, the Company and the Issuer shall also comply with the other provisions of TIA § Section 314(a). (b) Regardless of whether the Company is required to furnish such reports to its stockholders pursuant to the Exchange Act, the Company (at its own expense) shall cause its consolidated financial statements, comparable to those that which would have been required to appear in annual or quarterly reports, to be delivered to the Trustee and the Holders. The Company will also make such reports available to prospective purchasers of the Securities, securities analysts and broker-dealers upon their request. (c) For so long as any of the Securities remain outstanding, the Company will make available to any prospective purchaser of the Securities or beneficial owner of the Securities in connection with any sale thereof the information required by Rule 144A(d)(4) under the Securities Act during any period when the Company is not subject to Section 13 or 15(d) under the Exchange Act. (d) . Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ ' Certificates).

Commission Reports. (a) The Company promptly will deliver to From and after the Trusteeearlier of the effective date of the Exchange Offer Registration Statement or the effective date of the Shelf Registration Statement, but in any event no later than 15 days after it files with whether or not required by the rules and regulations of the Commission, copies so long as any Notes are outstanding, Holdings shall furnish to the Holders of the Notes (i) all quarterly and annual reports financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and of the information, documents and other reports, 10-K if any, which the Company is Holdings were required to file such Forms, including a "Management's Discussion and Analysis of Financial Condition and Results of Operations" and, with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. Notwithstanding that the Company may not be required to remain subject respect to the reporting requirements of Section 13 or 15(dannual information only, a report thereon by Holdings' certified independent accountants and (ii) of the Exchange Act, the Company will file with the Commission all information, documents and current reports that would be required to be filed with the Commission on Form 8-K if Holdings were required to file such reports. In addition, whether or not required by the extent permitted, rules and provide the Trustee and the Holders with such annual reports and such information, documents and other reports specified in Sections 13 and 15(d) regulations of the Exchange Act. The Company Commission, Holdings shall file a copy of all such information and the Issuer shall also comply reports with the other provisions of TIA § 314(a). Commission for public availability (bunless the Commission will not accept such a filing) Regardless of whether within the Company is required to furnish such reports to its stockholders pursuant to the Exchange Act, the Company (at its own expense) shall cause its consolidated financial statements, comparable to those which time periods that would have been required applicable had Holdings been subject to appear in annual or quarterly reportssuch rules and regulations and make such information available to securities analysts and prospective investors upon request. In addition, to be delivered to the Trustee and the Holders. (c) For Holdings has agreed that, for so long as any of the Securities Notes remain outstanding, it shall furnish to the Company will make available Holders, to any securities analysts and prospective purchaser of the Securities or beneficial owner of the Securities in connection with any sale thereof investors, upon their request, the information required by to be delivered pursuant to Rule 144A(d)(4) under the Securities Act during any period when Act. Holdings shall at all times comply with TIA ss. 314(a). The financial information to be distributed to Holders of Notes shall be filed with the Company is not subject to Section 13 or 15(d) under the Exchange Act. (d) Delivery of such reports, information Trustee and documents mailed to the Trustee is for informational purposes only Holders at their addresses appearing in the register of Notes maintained by the Registrar, within 90 days after the end of Holdings' fiscal years and within 45 days after the Trustee’s receipt end of each of the first three quarters of each such fiscal year. Holdings 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 provide the Trustee is entitled with a sufficient number of copies of all reports and other documents and information and, if requested by Holdings, the Trustee will deliver such reports to rely exclusively on Officers’ Certificates)the Holders under this Section 4.3.

Commission Reports. (a) The Company promptly will deliver shall file with the Trustee and, if such filings are not made available by the Commission free of charge over the Internet, mail to the Trusteeeach Holder, but in any event no later than within 15 days after it files filing with the Commission, copies of the annual, quarterly and annual current reports and (or copies of such portions of any of the information, documents foregoing as the Commission may by rules and other reports, if any, regulations prescribe) which the Company it is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. . (b) Notwithstanding that the Company may is not be required by law to remain subject to the periodic reporting requirements of the Exchange Act, it will nonetheless continue to file with the Commission and deliver to the Trustee, and, if such filings are not made available by the Commission free of charge over the Internet, to each Holder such annual, quarterly and current reports which are specified in Section 13 or 15(d) of the Exchange Act. In addition, the Company will file with the Commission all informationshall, documents at its cost, deliver to each Holder quarterly and reports required to be filed with the Commission to the extent permitted, and provide the Trustee and the Holders with such annual reports and such information, documents and other reports specified in Sections 13 and 15(d) of the Exchange Act. The Company and the Issuer shall also comply with the other provisions of TIA § 314(a). (b) Regardless of whether the Company is required to furnish such reports to its stockholders pursuant to the Exchange Act, the Company (at its own expense) shall cause its consolidated financial statements, comparable substantially equivalent to those which would have been be required to appear in annual or quarterly reports, to be delivered to the Trustee and the Holders. (c) For so long as any of the Securities remain outstanding, the Company will make available to any prospective purchaser of the Securities or beneficial owner of the Securities in connection with any sale thereof the information required by Rule 144A(d)(4) under the Securities Act during any period when the Company is not subject to Section 13 or 15(d) under the Exchange Act. (dc) Delivery of such reports, information and documents to the Trustee pursuant to this Section 4.08 is for informational purposes only and the Trustee’s 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ ' Certificates). (d) The Company will, for so long as any Notes remain outstanding, furnish to the Holders and to securities analysts and prospective investors, upon request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act.

Commission Reports. (a) The Company promptly will and each of its Subsidiaries, where applicable, shall deliver to the TrusteeTrustee and each Holder, but in any event no later than within 15 days after it files the same with the Commission, copies of the quarterly and annual all reports and information (or copies of such portions of any of the information, documents foregoing as the Commission may by rules and other reportsregulations prescribe), if any, which the Company such Person is required to file with the Commission pursuant to in accordance with Section 13 or 15(d) of the Exchange Act. Notwithstanding that the Company may not be required to remain subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company will file with the Commission all information, documents and reports required to be filed with the Commission to the extent permitted, and provide the Trustee and the Holders with such annual reports and such information, documents and other reports specified in Sections 13 and 15(d) of the Exchange Act. The Company and the Issuer shall also comply with the other provisions of TIA § 314(a). (b) Regardless of whether the Company is required to furnish such reports to its stockholders pursuant to the Exchange Actshall, the Company (at its own expense) shall cause its consolidated financial statements, comparable to those which would have been required to appear in annual or quarterly reports, to be delivered to the Trustee and the Holders. (c) For so long as any of the Securities remain outstanding, the Company will make available to any prospective purchaser of the Securities or beneficial owner of the Securities in connection with any sale thereof the information required by Rule 144A(d)(4) under the Securities Act during any period when the Company time it is not subject to Section 13 or 15(d) under of the Exchange Act. (d) Delivery of Act and to the extent permitted by the Exchange act, file with the Trustee and the Commission such reportssupplementary and periodic information, information reports and documents as it would be required to file if it were so subject as if it were so subject. Prior to the Phase II Completion Date, the Company shall include in all such reports filed with the Commission (other than current reports filed on form 8-K) a summary of the status of the Capital Improvement Program, including a description of sources of funds available for the completion of the Capital Improvement Program. The Company agrees to continue to be subject to and comply with the filing and reporting requirements of the Commission as long as any of the Notes are outstanding. Concurrently with the reports delivered pursuant to the preceding paragraph, the Company shall deliver to the Trustee and to each Holder annual and quarterly financial statements with appropriate footnotes of the Company and its Subsidiaries, all prepared and presented in a manner substantially consistent with those of the Company required by the preceding paragraph. The Company shall also comply with the other provisions of Section 314(a) of the TIA. So long as is required for informational purposes only an offer or sale of the Notes to qualify for an exemption under Rule 144A, the Company shall, upon request, provide the information required by clause (d)(4) thereunder to each Holder and the Trustee’s receipt to each beneficial owner and prospective purchaser of such shall not constitute constructive notice Notes identified by any Holder 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)Restricted Notes.

Commission Reports. (a) The Company promptly will deliver to the Trustee, but in any event no later than 15 days after it files with the Commission, copies of the quarterly and annual reports and of the information, documents and other reports, if any, which the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. Notwithstanding that the Company may not be required to remain subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company will file with the Commission all information, documents and reports required to be filed with the Commission to the extent permitted, and provide the Trustee and the Holders with such annual reports and such information, documents and other reports specified in Sections 13 and 15(d) of the Exchange Act. The Company and the Issuer shall also comply with the other provisions of TIA § 314(a). (b) Regardless of whether the Company is required to furnish such reports to its stockholders pursuant to the Exchange Act, the Company (at its own expense) shall cause its consolidated financial statements, comparable to those which would have been required to appear in annual or quarterly reports, to be delivered to the Trustee and the Holders. (c) For so long as any of the Securities remain outstanding, the Company will make available to any prospective purchaser of the Securities or beneficial owner of the Securities in connection with any sale thereof the information required by Rule 144A(d)(4) under the Securities Act during any period when the Company is not subject to Section 13 or 15(d) under the Exchange Act. (d) 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 promptly will deliver to the Trustee, but in any event no later than 15 days after it files file with the Commission, copies of the quarterly and annual reports and of the Commission all information, documents and other reports, if any, which the Company is required reports to file be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. Notwithstanding , whether or not the Company is subject to such filing requirements, so long as the Commission will accept such filings; provided that the Company may shall not be required pursuant to remain subject this Section 4.02 to include the separate financial statements of any Subsidiary Guarantor in any such filing. Except as contemplated by the proviso to the reporting requirements of Section 13 or 15(d) of the Exchange Actpreceding sentence, the Company will file with the Commission all information, documents and reports required to be filed with the Commission to the extent permitted, and provide the Trustee and the Holders with such annual reports and such information, documents and other reports specified in Sections 13 and 15(d) of the Exchange Act. The Company and the Issuer shall also comply with the other provisions of TIA § ss. 314(a). (b) Regardless At the Company's expense, regardless of whether the Company is required to file with the Commission or furnish such information, documents and reports referred to in paragraph (a) above to its stockholders pursuant to the Exchange Act, the Company (shall cause such information, documents and reports to be mailed to the Trustee at its own expense) shall cause its consolidated financial statements, comparable address set forth in this Indenture and to those which 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 appear in annual or quarterly reports, to be delivered to filed with the Trustee and the Holders. (c) For so long as any of the Securities remain outstanding, Commission if the Company will make available were required to any prospective purchaser of the Securities or beneficial owner of the Securities in connection with any sale thereof the information required by Rule 144A(d)(4) under the Securities Act during any period when the Company is not subject so file pursuant to Section 13 or 15(d) under the Exchange Act. (d) . Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ ' Certificates). (c) For so long as any Notes remain outstanding, the Company shall 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 information required pursuant to Rule 144A(d)(4) under the Securities Act during any period in which the Company is not subject to Section 13 or 15(d) of the Exchange Act.

Commission Reports. (a) The Company promptly will deliver shall file with the Trustee and, if such filings are not made available by the Commission free of charge over the Internet, mail to the Trusteeeach Holder, but in any event no later than within 15 days after it files filing with the Commission, copies of the annual, quarterly and annual current reports and (or copies of such portions of any of the information, documents foregoing as the Commission may by rules and other reports, if any, regulations prescribe) which the Company it is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. . (b) Notwithstanding that the Company may is not be required by law to remain subject to the periodic reporting requirements of the Exchange Act, it will nonetheless continue to file with the Commission and deliver to the Trustee, and, if such filings are not made -44- available by the Commission free of charge over the Internet, to each Holder such annual, quarterly and current reports which are specified in Section 13 or 15(d) of the Exchange Act. In addition, the Company will file with the Commission all informationshall, documents at its cost, deliver to each Holder quarterly and reports required to be filed with the Commission to the extent permitted, and provide the Trustee and the Holders with such annual reports and such information, documents and other reports specified in Sections 13 and 15(d) of the Exchange Act. The Company and the Issuer shall also comply with the other provisions of TIA § 314(a). (b) Regardless of whether the Company is required to furnish such reports to its stockholders pursuant to the Exchange Act, the Company (at its own expense) shall cause its consolidated financial statements, comparable substantially equivalent to those which would have been be required to appear in annual or quarterly reports, to be delivered to the Trustee and the Holders. (c) For so long as any of the Securities remain outstanding, the Company will make available to any prospective purchaser of the Securities or beneficial owner of the Securities in connection with any sale thereof the information required by Rule 144A(d)(4) under the Securities Act during any period when the Company is not subject to Section 13 or 15(d) under the Exchange Act. (dc) Delivery of such reports, information and documents to the Trustee pursuant to this Section 4.08 is for informational purposes only and the Trustee’s 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ ' Certificates). (d) The Company will, for so long as any Notes remain outstanding, furnish to the Holders and to securities analysts and prospective investors, upon request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act.

Commission Reports. (a) The Company promptly will deliver to From and after the Trusteeearlier of the effective date of the Exchange Offer Registration Statement or the effective date of the Shelf Registration Statement, but in any event no later than 15 days after it files with whether or not required by the rules and regulations of the Commission, copies so long as any Notes are outstanding, NEHC shall furnish to the Holders of the Notes (i) all quarterly and annual reports financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and of the information, documents and other reports, 10-K if any, which the Company is NEHC were required to file such Forms, including a "Management's Discussion and Analysis of Financial Condition and Results of Operations" and, with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. Notwithstanding that the Company may not be required to remain subject respect to the reporting requirements of Section 13 or 15(dannual information only, a report thereon by NEHC's certified independent accountants and (ii) of the Exchange Act, the Company will file with the Commission all information, documents and current reports that would be required to be filed with the Commission on Form 8-K if NEHC were required to file such reports. In addition, whether or not required by the extent permitted, rules and provide the Trustee and the Holders with such annual reports and such information, documents and other reports specified in Sections 13 and 15(d) regulations of the Exchange Act. The Company Commission, NEHC shall file a copy of all such information and the Issuer shall also comply reports with the other provisions of TIA § 314(a). Commission for public availability (bunless the Commission will not accept such a filing) Regardless of whether within the Company is required to furnish such reports to its stockholders pursuant to the Exchange Act, the Company (at its own expense) shall cause its consolidated financial statements, comparable to those which time periods that would have been required applicable had NEHC been subject to appear in annual or quarterly reportssuch rules and regulations and make such information available to securities analysts and prospective investors upon request. In addition, to be delivered to the Trustee and the Holders. (c) For NEHC has agreed that, for so long as any of the Securities Notes remain outstanding, it shall furnish to the Company will make available Holders, to any securities analysts and prospective purchaser of the Securities or beneficial owner of the Securities in connection with any sale thereof investors, upon their request, the information required by to be delivered pursuant to Rule 144A(d)(4) under the Securities Act during any period when Act. NEHC shall at all times comply with TIA ss. 314(a). The financial information to be distributed to Holders of Notes shall be filed with the Company is not subject to Section 13 or 15(d) under the Exchange Act. (d) Delivery of such reports, information Trustee and documents mailed to the Trustee is for informational purposes only Holders at their addresses appearing in the register of Notes maintained by the Registrar, within 90 days after the end of NEHC's fiscal years and within 45 days after the Trustee’s receipt end of each of the first three quarters of each such fiscal year. NEHC 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 provide the Trustee is entitled with a sufficient number of copies of all reports and other documents and information and, if requested by NEHC, the Trustee will deliver such reports to rely exclusively on Officers’ Certificates)the Holders under this Section 4.03.

Commission Reports. (a) The Company promptly will deliver to the Trustee, but in any event no later than 15 days after it files the filing of the same with the Commission, copies of the quarterly and annual reports and of the information, documents and other reports, if any, which the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. Notwithstanding that the Company may not be required to remain subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company will file with the Commission all information, documents and reports required to be filed with the Commission to the extent permitted, and provide the Trustee and the Holders with such annual reports and such information, documents and other reports specified in Sections 13 and 15(d) of the Exchange Act. The Company and the Issuer shall also comply with the other provisions of TIA § 314(a). The Trustee will have no responsibility whatsoever to determine whether any such filing has occurred. (b) Regardless of whether the Company is required to furnish such reports to its stockholders pursuant to the Exchange Act, the Company (at its own expense) shall cause its consolidated financial statements, comparable to those which would have been required to appear in annual or quarterly reports, to be delivered to the Trustee and the Holders. (c) For so long as any of the Securities remain outstanding, the Company will make available to any prospective purchaser of the Securities or beneficial owner of the Securities in connection with any sale thereof the information required by Rule 144A(d)(4) under the Securities Act during any period when the Company is not subject to Section 13 or 15(d) under the Exchange Act. (d) 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’ Officer’s Certificates).

Commission Reports. (a) The Company promptly will deliver to the Trustee, but in any event no later than Trustee within 15 days after it files with the Commission, copies of the quarterly and annual reports and of the information, documents and other reports, if any, which the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. Notwithstanding that the Company may not be required to remain subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company (at its own expense) will file with the Commission all information, documents and reports required to be filed with the Commission to the extent permitted, and provide the Trustee and the Holders with such annual reports and such information, documents and other reports specified in Sections 13 and 15(d) of the Exchange Act. The Upon qualification of this Indenture under the TIA, the Company and the Issuer shall also comply with the other provisions of TIA § (S) 314(a). (b) Regardless of whether the Company is required to furnish such reports to its stockholders pursuant to the Exchange Act, the Company (at its own expense) shall cause its consolidated financial statements, comparable to those that which would have been required to appear in annual or quarterly reports, to be delivered to the Trustee and the Holders. The Company will also make such reports available to prospective purchasers of the Securities, securities analysts and broker- dealers upon their request. (c) For so long as any of the Securities remain outstanding, the Company will make available to any prospective purchaser of the Securities or beneficial owner of the Securities in connection with any sale thereof the information required by Rule 144A(d)(4) under the Securities Act during any period when the Company is not subject to Section 13 or 15(d) under the Exchange Act. (d) . Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ ' Certificates).