Common use of Information as to Company Clause in Contracts

Information as to Company. 7.1 Financial and Business Information The Parent will deliver to each holder of Notes that is an Institutional Investor: (a) Quarterly Statements — within 60 days (or such shorter period as is 15 days greater than the period applicable to the filing of the Parent’s Quarterly Report on Form 10-Q (“Form 10-Q”) with the SEC regardless of whether the Parent is subject to the filing requirements thereof) after the end of each quarterly fiscal period in each fiscal year of the Parent (other than the last quarterly fiscal period of each such fiscal year), duplicate copies of, (i) a consolidated balance sheet of the Parent and its Subsidiaries, as at the end of such quarter, and (ii) consolidated statements of income, shareholders’ equity and cash flows of the Parent and its Subsidiaries, for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarter, setting forth in each case in comparative form the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP applicable to quarterly financial statements generally, and certified by a Senior Financial Officer as fairly presenting, in all material respects, the financial position of the companies being reported on and their results of operations and cash flows, subject to changes resulting from year-end adjustments, provided that delivery within the time period specified above of copies of the Parent’s Form 10-Q prepared in compliance with the requirements therefor and filed with the SEC shall be deemed to satisfy the requirements of this Section 7.1(a); (b) Annual Statements — within 120 days (or such shorter period as is 15 days greater than the period applicable to the filing of the Parent’s Annual Report on Form 10-K (the “Form 10-K”) with the SEC regardless of whether the Parent is subject to the filing requirements thereof) after the end of each fiscal year of the Parent, duplicate copies of, (i) a consolidated balance sheet of the Parent and its Subsidiaries, as at the end of such year, and (ii) consolidated statements of income, shareholders’ equity and cash flows of the Parent and its Subsidiaries, for such year, setting forth in each case in comparative form the figures for the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP, and accompanied by an opinion thereon of independent certified public accountants of recognized regional or national standing, which opinion shall state that such financial statements present fairly, in all material respects, the financial position of the companies being reported upon and their results of operations and cash flows and have been prepared in conformity with GAAP, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and that such audit provides a reasonable basis for such opinion in the circumstances; provided that the delivery within the time period specified above of the Parent’s Form 10-K for such fiscal year (together with the Parent’s annual report to shareholders, if any, prepared pursuant to Rule 14a-3 under the Exchange Act) prepared in accordance with the requirements therefor and filed with the SEC shall be deemed to satisfy the requirements of this Section (b);

Information as to Company. 7.1 Financial and Business Information Section 7.1. The Parent will Company shall deliver to each holder of Notes that is an Institutional Investor: (a) Quarterly Statements — Statements-- within 60 days (or such shorter period as is 15 days greater than the period applicable to the filing of the Parent’s Quarterly Report on Form 10-Q (“Form 10-Q”) with the SEC regardless of whether the Parent is subject to the filing requirements thereof) after the end of each quarterly fiscal period in each fiscal year of the Parent Company (other than the last quarterly fiscal period of each such fiscal year), duplicate copies of, (i) a consolidated balance sheet of the Parent Company and its Subsidiaries, Subsidiaries as at the end of such quarter, and (ii) consolidated statements of income, changes in shareholders’ ' equity and cash flows of the Parent Company and its Subsidiaries, for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarter, setting forth in each case in comparative form form, commencing with the fiscal quarter ending September 30, 1999, the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP applicable to quarterly financial statements generally, and certified by a Senior Financial Officer as fairly presenting, in all material respects, the financial position of the companies being reported on and their results of operations and cash flows, subject to changes resulting from normal, recurring year-end adjustments, provided that delivery within the time period specified above of copies of the Parent’s Company's Quarterly Report on Form 10-Q prepared in compliance with the requirements therefor and filed with the SEC Securities and Exchange Commission shall be deemed to satisfy the requirements of this Section 7.1(a); (b) Annual Statements — Statements-- within 120 105 days (or such shorter period as is 15 days greater than the period applicable to the filing of the Parent’s Annual Report on Form 10-K (the “Form 10-K”) with the SEC regardless of whether the Parent is subject to the filing requirements thereof) after the end of each fiscal year of the ParentCompany, duplicate copies of, (i) a consolidated balance sheet of the Parent Company and its Subsidiaries, as at the end of such year, and (ii) consolidated statements of income, changes in shareholders’ ' equity and cash flows of the Parent Company and its Subsidiaries, for such year, setting forth in each case in comparative form form, commencing with the fiscal year ending December 31, 1999, the figures for the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP, and accompanied by by (A) an opinion thereon of independent certified public accountants of recognized regional or national standing, which opinion shall state that such financial statements present fairly, in all material respects, the financial position of the companies being reported upon and their results of operations and cash flows and have been prepared in conformity with GAAP, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and that such audit provides a reasonable basis for such opinion in the circumstances; , and (B) a certificate of such accountants stating that they have reviewed this Agreement and stating further whether, in making their audit, they have become aware of any condition or event that then constitutes a Default or an Event of Default, and, if they are aware that any such condition or event then exists, specifying the nature and period of the existence thereof (it being understood that such accountants shall not be liable, directly or indirectly, for any failure to obtain knowledge of any Default or Event of Default unless such accountants should have obtained knowledge thereof in making an audit in accordance with generally accepted auditing standards or did not make such an audit), provided that the delivery within the time period specified above of the Parent’s Company's Annual Report on Form 10-K for such fiscal year (together with the Parent’s Company's annual report to shareholders, if any, prepared pursuant to Rule 14a-3 under the Exchange Act) prepared in accordance with the requirements therefor and filed with the SEC Securities and Exchange Commission, together with the accountant's certificate described in clause (B) above, shall be deemed to satisfy the requirements of this Section (b7.1(b);

Information as to Company. (I) Clause (a) of Section 7.1 Financial is amended by deleting such clause (a) in its entirety and Business Information The Parent will deliver to each holder of Notes that is an Institutional Investorreplacing it with the following: (a) Monthly and Quarterly Statements — – within 60 45 days (or such shorter period as is 15 after the end of each monthly fiscal period, and within 45 days greater than the period applicable to the filing of the Parent’s Quarterly Report on Form 10-Q (“Form 10-Q”) with the SEC regardless of whether the Parent is subject to the filing requirements thereof) after the end of each quarterly fiscal period period, in each case in each fiscal year of the Parent Company (other than the last monthly and quarterly fiscal period periods of each such fiscal year), ) duplicate copies of, (i) a consolidated balance sheet of the Parent Company and its Subsidiaries, Subsidiaries as at the end of such month or quarter, as applicable, and (ii) consolidated statements of income, shareholders’ equity earnings and cash flows and changes in stockholders’ equity of the Parent Company and its Subsidiaries, for such quarter month or for such quarter, as applicable, and (in the case of each month other than the first month and in the case of the second and third quarters) for the portion of the fiscal year ending with such month or quarter, as applicable, setting forth in each case in comparative form the consolidated figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared (in the case of such quarterly statements) in accordance with GAAP applicable to quarterly financial statements generally, and certified by a Senior Financial Officer as fairly presenting, in all material respects, the financial position of the companies being reported on and their results of operations and cash flows, subject to changes resulting from year-end adjustments, provided that delivery of such quarterly statements within the time period specified above of copies of the ParentCompany’s Quarterly Report on Form 10-Q prepared in compliance with the requirements therefor and filed with the SEC Securities and Exchange Commission shall be deemed to satisfy the requirements of this Section 7.1(a)) with respect to such quarterly statements;” (II) Clause (b) Annual Statements — within 120 days of Section 7.1 is amended by replacing “105” with “90” in the first line thereof. (or such shorter period III) Section 7.1 is further amended by relabeling existing clause (g) thereof as is 15 days greater than the period applicable to the filing of the Parent’s Annual Report on Form 10-K (the “Form 10-K”) with the SEC regardless of whether the Parent is subject to the filing requirements thereof) after the end of each fiscal year of the Parent, duplicate copies of, clause (i) a consolidated balance sheet of the Parent and its Subsidiariesadding new clauses (g) and (h) immediately prior thereto, such new clauses (g) and (h) to read as at the end of such year, and (ii) consolidated statements of income, shareholders’ equity and cash flows of the Parent and its Subsidiaries, for such year, setting forth in each case in comparative form the figures for the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP, and accompanied by an opinion thereon of independent certified public accountants of recognized regional or national standing, which opinion shall state that such financial statements present fairly, in all material respects, the financial position of the companies being reported upon and their results of operations and cash flows and have been prepared in conformity with GAAP, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and that such audit provides a reasonable basis for such opinion in the circumstances; provided that the delivery within the time period specified above of the Parent’s Form 10-K for such fiscal year (together with the Parent’s annual report to shareholders, if any, prepared pursuant to Rule 14a-3 under the Exchange Act) prepared in accordance with the requirements therefor and filed with the SEC shall be deemed to satisfy the requirements of this Section (b);follows:

Information as to Company. 7.1 7.1. Financial and Business Information The Parent will Company shall deliver to each holder of Notes that is an Institutional Investor: (a) Quarterly Statements — -- within 60 45 days (or such shorter period as is 15 days greater than the period applicable to the filing of the Parent’s Quarterly Report on Form 10-Q (“Form 10-Q”) with the SEC regardless of whether the Parent is subject to the filing requirements thereof) after the end of each quarterly fiscal period in each fiscal year of the Parent Company (other than the last quarterly fiscal period of each such fiscal year), duplicate copies of, (i) a consolidated balance sheet of the Parent Company and its Subsidiaries, Subsidiaries as at the end of such quarter, setting forth in comparative form the figures for the previous fiscal year-end, and (ii) consolidated statements of income, shareholders’ equity earnings and cash flows of the Parent Company and its Subsidiaries, for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarter, setting forth in each case in comparative form the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP applicable to quarterly financial statements generally, and certified by a Senior Financial Officer as fairly presenting, in all material respects, the financial position of the companies being reported on and their results of operations and cash flows, subject to changes resulting from year-end adjustments, provided that delivery within the time period specified above of copies of the Parent’s Company's Quarterly Report on Form 10-Q prepared in compliance with the requirements therefor and filed with the SEC Securities and Exchange Commission shall be deemed to satisfy the requirements of this Section 7.1(a); (b) Annual Statements — -- within 120 90 days (or such shorter period as is 15 days greater than the period applicable to the filing of the Parent’s Annual Report on Form 10-K (the “Form 10-K”) with the SEC regardless of whether the Parent is subject to the filing requirements thereof) after the end of each fiscal year of the ParentCompany, duplicate copies of, (i) a consolidated balance sheet of the Parent Company and its Subsidiaries, as at the end of such year, and (ii) consolidated statements of income, shareholders’ equity earnings and cash flows of the Parent Company and its Subsidiaries, for such year, setting forth in each case in comparative form the figures for the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP, and accompanied by an opinion thereon of independent certified public accountants of recognized regional or national standing, which opinion shall state that such financial statements present fairly, in all material respects, the financial position of the companies being reported upon and their results of operations and cash flows and have been prepared in conformity with GAAP, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and that such audit provides a reasonable basis for such opinion in the circumstances; , provided that the delivery within the time period specified above of the Parent’s Company's Annual Report on Form 10-K for such fiscal year (together with the Parent’s Company's annual report to shareholders, if any, prepared pursuant to Rule 14a-3 14a- 3 under the Exchange Act) prepared in accordance with the requirements therefor and filed with the SEC Securities and Exchange Commission, together with the accountant's certificate described in Section 7.2(b), shall be deemed to satisfy the requirements of this Section (b7.1(b);