Common use of Commission Reports Clause in Contracts

Commission Reports. (a) Whether or not the Guarantor is subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, if not filed electronically with the Commission through XXXXX (or any successor system), the Guarantor shall provide to the Trustee and the Holders, within 15 days of the time periods required (after giving effect to Rule 12b-25 of the Exchange Act): (i) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-K and 10-Q if the Issuer was required to file such forms; and (ii) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuer were required to file such reports; provided that, during any time that the Guarantor is not subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Guarantor will not be required to comply with (A) Section 302 or 404 of the Xxxxxxxx-Xxxxx Act of 2002 or related Items 307 and 308 of Regulation S-K promulgated by the SEC or Item 601 of Regulation S-K (with respect to exhibits), (B) in the case of annual reports, Items 9A, 10 (except with respect to Item 401 of Regulation S-K) and 11 of Form 10-K or (C) Section 13(r) of the Exchange Act. (b) The Guarantor shall be deemed to have complied with Section 3.9(a) to the extent such reports, documents and information are made available on the Guarantor’s website or on XXXXX (or any successor system) within the time periods specified in Section 3.9(a). Delivery of any reports, documents and information to the Trustee pursuant to Section 3.9(a) 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 Issuer’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates).

Commission Reports. Any documents or reports that (ai) Whether OI Group is required to file with the SEC or not the Guarantor is subject furnish to the reporting requirements holders of notes governed by any Senior Note Indenture pursuant to any Senior Note Indenture, or (ii) OI Inc. is required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act, if not filed electronically with the Commission through XXXXX (shall be furnished by OI Group or any successor system)OI Inc., the Guarantor shall provide as applicable, to the Trustee trustee and the Holders, at their request, within 15 calendar days of after the time periods same are required (after giving effect pursuant to Rule 12b-25 of the Senior Note Indentures or the Exchange Act): (i, as the case may be) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-K and 10-Q if the Issuer was required to file such forms; and (ii) all current reports that would be required to be filed with the Commission on Form 8-K if SEC (in each case, giving effect to any grace period provided by Rule 12b-25 under the Issuer were required Exchange Act). Documents filed by OI Group or OI Inc., as applicable, with the SEC via the XXXXX system will be deemed furnished to file the trustee and the Holders as of the time such reports; provided that, during documents are filed via XXXXX. If at any time that the Guarantor OI Group or OI Inc. is not subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, OI Group or OI Inc., as applicable, shall promptly furnish to the Guarantor will not be Holders, beneficial owners and prospective purchasers of the Notes, upon their request, the information required to comply be delivered pursuant to Rule 144A(d)(4) under the Securities Act to facilitate the resale of those Notes pursuant to Rule 144A for so long as the Notes are outstanding. (a) The subsequent filing with (A) Section 302 or 404 of the Xxxxxxxx-Xxxxx Act of 2002 or related Items 307 and 308 of Regulation S-K promulgated by Trustee and, if applicable, the SEC of any report required by Section 4.02(a) shall be deemed to automatically cure any Default or Item 601 Event of Regulation S-K (with respect Default resulting from the failure to exhibitsfile such report within the time period required by Section 4.02(a), (B) in the case of annual reports, Items 9A, 10 (except with respect to Item 401 of Regulation S-K) and 11 of Form 10-K or (C) Section 13(r) of the Exchange Act. (b) The Guarantor shall be deemed to have complied with Section 3.9(a) to the extent Delivery of such reports, information and documents and information are made available on the Guarantor’s website or on XXXXX (or any successor system) within the time periods specified in Section 3.9(a). Delivery of any reports, documents and information to the Trustee pursuant to Section 3.9(a) is for informational purposes only, 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 IssuerCompany’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively (subject to Article VII) on Officer’s Officers’ Certificates).

Commission Reports. (a) Whether or not the Guarantor is subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, if not filed electronically with the Commission through XXXXX EXXXX (or any successor system), the Guarantor shall provide to the Trustee and the Holders, within 15 days of the time periods required (after giving effect to Rule 12b-25 of the Exchange Act): (i) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-K and 10-Q if the Issuer was required to file such forms; and (ii) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuer were required to file such reports; provided that, during any time that the Guarantor is not subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Guarantor will not be required to comply with (A) Section 302 or 404 of the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 or related Items 307 and 308 of Regulation S-K promulgated by the SEC or Item 601 of Regulation S-K (with respect to exhibits), (B) in the case of annual reports, Items 9A, 10 (except with respect to Item 401 of Regulation S-K) and 11 of Form 10-K or (C) Section 13(r) of the Exchange Act. (b) The Guarantor shall be deemed to have complied with Section 3.9(a) to the extent such reports, documents and information are made available on the Guarantor’s website or on XXXXX EXXXX (or any successor system) within the time periods specified in Section 3.9(a). Delivery of any reports, documents and information to the Trustee pursuant to Section 3.9(a) 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 Issuer’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates).

Commission Reports. (a) Whether or not The Issuer and the Guarantor shall deliver to the Trustee, within 15 days after the Issuer and/or the Guarantor is subject required to file the reporting requirements same with the Commission, copies of the annual reports and of the information, 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 Issuer and/or the Guarantor is required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Issuer and/or the Guarantor is not required to file information, documents or reports pursuant to either of said Sections, then the Guarantor 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 and/or the Guarantor files with the Commission pursuant to Section 13 or 15(d) of the Exchange Act, if not filed electronically with Act on the Commission through Commission’s XXXXX (or any successor system), the Guarantor shall provide to the Trustee and the Holders, within 15 days of the time periods required (after giving effect to Rule 12b-25 of the Exchange Act): (i) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-K and 10-Q if the Issuer was required to file such forms; and (ii) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuer were required to file such reports; provided that, during any time that the Guarantor is not subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Guarantor will not be required to comply with (A) Section 302 or 404 of the Xxxxxxxx-Xxxxx Act of 2002 or related Items 307 and 308 of Regulation S-K promulgated by the SEC or Item 601 of Regulation S-K (with respect to exhibits), (B) in the case of annual reports, Items 9A, 10 (except with respect to Item 401 of Regulation S-K) and 11 of Form 10-K or (C) Section 13(r) of the Exchange Act. (b) The Guarantor system shall be deemed to have complied with Section 3.9(a) constitute delivery of such filing to the extent Trustee. Delivery of such reports, information and documents and information are made available on the Guarantor’s website or on XXXXX (or any successor system) within the time periods specified in Section 3.9(a). Delivery of any reports, documents and information to the Trustee pursuant to Section 3.9(a) is for informational purposes only, 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 Issuer’s or the Guarantor’s compliance with any 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 reports or other information received by it pursuant to this Section, but shall hold such reports and other information solely for the benefit of, and review by, the Securityholders.

Commission Reports. The Guarantor shall, so long as any of the Notes are outstanding: (a) Whether file with the Trustee (electronically or not in hard copy), within 15 days after the Guarantor is subject files the same with the Commission, copies of the annual reports and of the information, 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) that the reporting requirements of Guarantor may be required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act; or, if the Guarantor is not required to file information, documents or reports pursuant to either of such Sections, then the Guarantor shall file with the Trustee 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; and (b) transmit by mail to all Holders of the Notes, as their names and addresses appear in the register kept by the Registrar, within 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed electronically by the Guarantor pursuant to Section 4.4(a) as may be required by the rules and regulations prescribed from time to time by the Commission; provided, however, that the Guarantor will be deemed to have furnished such information, documents and reports to Holders of the Notes if it has filed such information, documents and reports with the Commission through XXXXX using the Commission’s Electronic Data Gathering, Analysis and Retrieval System (or any successor system, “EXXXX”) filing system and such information, documents and reports are publicly available via EXXXX. The Guarantor will also make available copies of all reports required by Section 4.4(a), for so long as the Guarantor shall provide to Notes are listed on the Trustee Official List of Euronext Dublin and admitted for trading on the Global Exchange Market thereof and the Holdersrules of Euronext Dublin so require, within 15 days at the offices of the time periods required (after giving effect to Rule 12b-25 of the Exchange Act): (i) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-K and 10-Q if the Issuer was required to file such forms; and (ii) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuer were required to file such reports; provided that, during any time that the Guarantor is not subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Guarantor will not be required to comply with (A) Section 302 or 404 of the Xxxxxxxx-Xxxxx Act of 2002 or related Items 307 and 308 of Regulation S-K promulgated by the SEC or Item 601 of Regulation S-K (with respect to exhibits), (B) paying agent in the case of annual reportsUnited Kingdom or, Items 9A, 10 (except with respect to Item 401 of Regulation S-K) and 11 of Form 10-K or (C) Section 13(r) of the Exchange Act. (b) The Guarantor shall be deemed to have complied with Section 3.9(a) to the extent and in the manner permitted by such reportsrules, post such reports on the official website of Euronext Dublin (wxx.xxx.xx). The filing of such information, documents and information are made available on the Guarantor’s website or on XXXXX (or any successor system) within the time periods specified in Section 3.9(a). Delivery of any reports, documents and information to reports with the Trustee pursuant to Section 3.9(a) is for informational purposes only, only and the Trustee’s receipt of such information, documents and reports shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the IssuerGuarantor’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates).

Commission Reports. The Guarantor shall, so long as any of the Notes are outstanding: (a) Whether file with the Trustee (electronically or not in hard copy), within 15 days after the Guarantor is subject files the same with the Commission, copies of the annual reports and of the information, 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) that the reporting requirements of Guarantor may be required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act; or, if the Guarantor is not required to file information, documents or reports pursuant to either of such Sections, then the Guarantor shall file with the Trustee 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; and (b) transmit by mail to all Holders, as their names and addresses appear in the register kept by the Registrar, within 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed electronically by the Guarantor pursuant to Section 4.4(a) as may be required by the rules and regulations prescribed from time to time by the Commission; provided, however, that the Guarantor 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 through XXXXX using the Commission’s Electronic Data Gathering, Analysis and Retrieval System (or any successor system, “XXXXX”) filing system and such information, documents and reports are publicly available via XXXXX. The Guarantor will also make available copies of all reports required by Section 4.4(a), for so long as the Guarantor shall provide to Notes are listed on the Trustee Official List of Euronext Dublin and admitted for trading on the Global Exchange Market thereof and the Holdersrules of Euronext Dublin so require, within 15 days at the offices of the time periods required (after giving effect to Rule 12b-25 of the Exchange Act): (i) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-K and 10-Q if the Issuer was required to file such forms; and (ii) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuer were required to file such reports; provided that, during any time that the Guarantor is not subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Guarantor will not be required to comply with (A) Section 302 or 404 of the Xxxxxxxx-Xxxxx Act of 2002 or related Items 307 and 308 of Regulation S-K promulgated by the SEC or Item 601 of Regulation S-K (with respect to exhibits), (B) paying agent in the case of annual reportsUnited Kingdom or, Items 9A, 10 (except with respect to Item 401 of Regulation S-K) and 11 of Form 10-K or (C) Section 13(r) of the Exchange Act. (b) The Guarantor shall be deemed to have complied with Section 3.9(a) to the extent and in the manner permitted by such reportsrules, post such reports on the official website of Euronext Dublin (xxx.xxx.xx). The filing of such information, documents and information are made available on the Guarantor’s website or on XXXXX (or any successor system) within the time periods specified in Section 3.9(a). Delivery of any reports, documents and information to reports with the Trustee pursuant to Section 3.9(a) is for informational purposes only, only and the Trustee’s receipt of such information, documents and reports shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the IssuerGuarantor’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates).