Common use of Periodic Reporting Clause in Contracts

Periodic Reporting. (a) The Company will promptly deliver to each Blackstone Entity when available one copy of each annual report on Form 10-K and quarterly report on Form 10-Q of the Company, as filed with the SEC. In the event the Company is not required to file an annual report on Form 10-K or quarterly report on Form 10-Q, the Company may, in lieu of the requirements of the preceding sentence, deliver, or cause to be delivered, the following to each Blackstone Entity: (i) as soon as available, but not later than ninety (90) days after the end of each fiscal year of the Company, a copy of the audited consolidated balance sheet of the Company and its Subsidiaries as of the end of such fiscal year and the related statements of operations and cash flows for such fiscal year, setting forth in each case in comparative form the figures for the previous year, all in reasonable detail; (ii) commencing with the fiscal period ending after September 30, 2010, as soon as available, but in any event not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year, the unaudited consolidated balance sheet of the Company and its Subsidiaries, and the related statements of operations and cash flows for such quarter and for the period commencing on the first day of the fiscal year and ending on the last day of such quarter; (b) The Company shall deliver or cause to be delivered to each Blackstone Entity: (i) to the extent otherwise prepared by the Company, operating and capital expenditure budgets and periodic information packages relating to the operations and cash flows of the Company and its Subsidiaries; and (ii) such other reports and information as may be reasonably requested by any Blackstone Entity; provided, however, that the Company shall not be required to disclose any privileged information of the Company so long as the Company has used its best efforts to enter into an arrangement pursuant to which it may provide such information to the Blackstone Entities without the loss of any such privilege.

Periodic Reporting. (a) The Company will promptly shall deliver to each Blackstone Entity when available one copy of each annual report on Form 10-K and quarterly report on Form 10-Q of the Company, as filed with the SEC. In the event the Company is not required to file an annual report on Form 10-K or quarterly report on Form 10-Q, the Company may, in lieu of the requirements of the preceding sentence, deliver, or cause to be delivered, the following delivered to each Blackstone EntityShareholder: (i) as soon as available, but not later than ninety (90) days after the end of each fiscal year of the Company, a copy of the audited consolidated balance sheet of the Company and its Subsidiaries subsidiaries as of the end of such fiscal year and the related statements of operations and cash flows for such fiscal year, setting forth in each case in comparative form the figures for the previous year, all in reasonable detail; (ii) commencing with the fiscal period ending after September 30, 20102004, as soon as available, but in any event not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year, the unaudited consolidated balance sheet of the Company and its Subsidiariessubsidiaries, and the related statements of operations and cash flows for such quarter and for the period commencing on the first day of the fiscal year and ending on the last day of such quarter; (b) The Company shall deliver or cause to be delivered to each Blackstone Entity: (iiii) to the extent otherwise prepared by the Company, operating and capital expenditure budgets and periodic information packages relating to the operations and cash flows of the Company and its Subsidiariessubsidiaries; and (iiiv) all tax information (including information prepared in accordance with United States federal income tax principles) regarding the Company, its subsidiaries and its direct and indirect owners as (A) is necessary for a Shareholder to (1) prepare accurately all tax returns (including, but not limited to, United States federal income tax returns) required to be filed by such Shareholder with respect to its investment in the Company and (2) comply with any tax reporting requirements (including, but not limited to, any tax reporting requirements imposed by United States federal income tax laws) imposed as a result of such Shareholder’s ownership of an equity interest in the Company or (B) is reasonably requested by a Shareholder to engage in such Shareholder’s own tax planning with respect to its investment in the Company. (b) The Company shall deliver to each Blackstone Entity such other reports and information as may be reasonably requested by any such Blackstone Entity; provided, however, that the Company shall not be required to disclose any privileged information of the Company so long as the Company has used its best efforts to enter into an arrangement pursuant to which it may provide such information to the Blackstone Entities without the loss of any such privilege.

Periodic Reporting. (a) The Company will promptly shall deliver to each Blackstone Entity when available one copy of each annual report on Form 10-K and quarterly report on Form 10-Q of the Company, as filed with the SEC. In the event the Company is not required to file an annual report on Form 10-K or quarterly report on Form 10-Q, the Company may, in lieu of the requirements of the preceding sentence, deliver, or cause to be delivered, the following delivered to each Blackstone Entity: (i) as soon as available, but not later than ninety (90) days after the end of each fiscal year of the Company, a copy of the audited consolidated balance sheet of the Company and its Subsidiaries subsidiaries as of the end of such fiscal year and the related statements of operations and cash flows for such fiscal year, setting forth in each case in comparative form the figures for the previous year, all in reasonable detail; (ii) commencing with the fiscal period ending after September 30, 20102004, as soon as available, but in any event not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year, the unaudited consolidated balance sheet of the Company and its Subsidiariessubsidiaries, and the related statements of operations and cash flows for such quarter and for the period commencing on the first day of the fiscal year and ending on the last day of such quarter; (b) The Company shall deliver or cause to be delivered to each Blackstone Entity: (iiii) to the extent otherwise prepared by the Company, operating and capital expenditure budgets and periodic information packages relating to the operations and cash flows of the Company and its Subsidiariessubsidiaries; and (iiiv) such other reports and information as may be reasonably requested by any such Blackstone Entity; provided. (b) The Company shall deliver or cause to be delivered to each Shareholder all tax information (including information prepared in accordance with United States federal income tax principles) regarding the Company, howeverits subsidiaries and its direct and indirect owners as (i) is necessary for a Shareholder to (A) prepare accurately all tax returns (including, that but not limited to, United States federal income tax returns) required to be filed by such Shareholder with respect to its investment in the Company shall and (B) comply with any tax reporting requirements (including, but not be required to disclose limited to, any privileged information tax reporting requirements imposed by United States federal income tax laws) imposed as a result of such Shareholder’s ownership of an equity interest in the Company so long as or (ii) is reasonably requested by a Shareholder to engage in such Shareholder’s own tax planning with respect to its investment in the Company has used its best efforts to enter into an arrangement pursuant to which it may provide such information to the Blackstone Entities without the loss of any such privilegeCompany.

Periodic Reporting. (a) The Company will promptly deliver to each Blackstone Entity Investor Group when available one copy of each annual report on Form 10-K and quarterly report on Form 10-Q of the Company, as filed with the SEC. In the event the Company is not required to file an annual report on Form 10-K or quarterly report on Form 10-Q, the Company may, in lieu of the requirements of the preceding sentence, deliver, or cause to be delivered, the following to each Blackstone EntityInvestor Group: (i) as soon as available, but not later than ninety (90) days after the end of each fiscal year of the Company, a copy of the audited consolidated balance sheet of the Company and its Subsidiaries as of the end of such fiscal year and the related statements of operations and cash flows for such fiscal year, setting forth in each case in comparative form the figures for the previous year, all in reasonable detail;; and (ii) commencing with the fiscal period ending after September 30March 31, 20102011, as soon as available, but in any event not later than forty five (45) days or such later time as permitted under applicable securities law after the end of each of the first three fiscal quarters of each fiscal year, the unaudited consolidated balance sheet of the Company and its Subsidiaries, and the related statements of operations and cash flows for such quarter and for the period commencing on the first day of the fiscal year and ending on the last day of such quarter; (b) The Company shall deliver or cause to be delivered to each Blackstone EntityInvestor Group: (i) to the extent otherwise prepared by the Company, operating and capital expenditure budgets and periodic information packages relating to the operations and cash flows of the Company and its Subsidiaries; and (ii) such other reports and information as may be reasonably requested by any Blackstone EntityInvestor Party (and/or any of its Permitted Assigns); provided, however, that the Company shall not be required to disclose any privileged information of the Company subject to attorney-client privilege so long as the Company has used its reasonable best efforts to enter into an arrangement pursuant to which it may provide such information to the Blackstone Entities Investor Parties without the loss of any such privilege.

Periodic Reporting. (a) The Company will promptly shall deliver to each Blackstone Entity when available one copy of each annual report on Form 10-K and quarterly report on Form 10-Q of the Company, as filed with the SEC. In the event the Company is not required to file an annual report on Form 10-K or quarterly report on Form 10-Q, the Company may, in lieu of the requirements of the preceding sentence, deliver, or cause to be delivered, the following delivered to each Blackstone Entity: (i) as soon as available, but not later than ninety (90) days after the end of each fiscal year of the Company, a copy of the audited consolidated balance sheet of the Company and its Subsidiaries subsidiaries as of the end of such fiscal year and the related statements of operations and cash flows for such fiscal year, setting forth in each case in comparative form the figures for the previous year, all in reasonable detail; (ii) commencing with the fiscal period ending after September 30, 20102004, as soon as available, but in any event not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year, the unaudited consolidated balance sheet of the Company and its Subsidiariessubsidiaries, and the related statements of operations and cash flows for such quarter and for the period commencing on the first day of the fiscal year and ending on the last day of such quarter; (b) The Company shall deliver or cause to be delivered to each Blackstone Entity: (iiii) to the extent otherwise prepared by the Company, operating and capital expenditure budgets and periodic information packages relating to the operations and cash flows of the Company and its Subsidiariessubsidiaries; and (iiiv) such other reports and information as may be reasonably requested by any such Blackstone Entity; provided. (b) The Company shall deliver or cause to be delivered to each Shareholder all tax information (including information prepared in accordance with United States federal income tax principles) regarding the Company, howeverits subsidiaries and its direct and indirect owners as (i) is necessary for a Shareholder to (A) prepare accurately all tax returns (including, that but not limited to, United States federal income tax returns) required to be filed by such Shareholder with respect to its investment in the Company shall and (B) comply with any tax reporting requirements (including, but not be required to disclose limited to, any privileged information tax reporting requirements imposed by United States federal income tax laws) imposed as a result of such Shareholder's ownership of an equity interest in the Company so long as or (ii) is reasonably requested by a Shareholder to engage in such Shareholder's own tax planning with respect to its investment in the Company has used its best efforts to enter into an arrangement pursuant to which it may provide such information to the Blackstone Entities without the loss of any such privilegeCompany.

Periodic Reporting. (a) The Company will promptly shall deliver to each Blackstone Entity when available one copy of each annual report on Form 10-K and quarterly report on Form 10-Q of the Company, as filed with the SEC. In the event the Company is not required to file an annual report on Form 10-K or quarterly report on Form 10-Q, the Company may, in lieu of the requirements of the preceding sentence, deliver, or cause to be delivered, the following delivered to each Blackstone EntityShareholder: (i) as soon as available, but not later than ninety (90) 90 days after the end of each fiscal year of the Company, a copy of the audited consolidated balance sheet of the Company and its Subsidiaries subsidiaries as of the end of such fiscal year and the related statements of operations and cash flows for such fiscal year, setting forth in each case in comparative form the figures for the previous year, all in reasonable detail; (ii) commencing with the fiscal period ending after September 30, 20102004, as soon as available, but in any event not later than forty five (45) 45 days after the end of each of the first three fiscal quarters of each fiscal year, the unaudited consolidated balance sheet of the Company and its Subsidiariessubsidiaries, and the related statements of operations and cash flows for such quarter and for the period commencing on the first day of the fiscal year and ending on the last day of such quarter; (b) The Company shall deliver or cause to be delivered to each Blackstone Entity: (iiii) to the extent otherwise prepared by the Company, operating and capital expenditure budgets and periodic information packages relating to the operations and cash flows of the Company and its Subsidiariessubsidiaries; and (iv) all tax information (including information prepared in accordance with United States federal income tax principles) regarding the Company, its subsidiaries and its direct and indirect owners as (A) is necessary for a Shareholder to (i) prepare accurately all tax returns (including, but not limited to, United States federal income tax returns) required to be filed by such Shareholder with respect to its investment in the Company and (ii) comply with any tax reporting requirements (including, but not limited to, any tax reporting requirements imposed by United States federal income tax laws) imposed as a result of such Shareholder's ownership of an equity interest in the Company or (B) is reasonably requested by a Shareholder to engage in such Shareholder's own tax planning with respect to its investment in the Company. (b) The Company shall deliver to each Blackstone Entity such other reports and information as may be reasonably requested by any such Blackstone Entity; provided, however, that the Company shall not be required to disclose any privileged information of the Company so long as the Company has used its best efforts to enter into an arrangement pursuant to which it may provide such information to the Blackstone Entities without the loss of any such privilege.

Periodic Reporting. (a) The Company will promptly Guarantor shall deliver to each Blackstone Entity when available one copy of each annual report on Form 10-K and quarterly report on Form 10-Q of the Company, as filed with the SEC. In the event the Company is not required to file an annual report on Form 10-K or quarterly report on Form 10-Q, the Company may, in lieu of the requirements of the preceding sentence, deliver, or cause to be delivered, the following to each Blackstone EntityAgent: (i) as soon as available, promptly following such delivery or filing (but not later in no event more than ninety (90) 45 days after following the end of each fiscal quarter in the case of Quarterly Reports and no more than 120 days following the end of each fiscal year in the case of the CompanyAnnual Reports), a copy of each Quarterly Report on Form 10-Q or any Annual Report on Form 10-K in either case as filed with the audited consolidated balance sheet Securities and Exchange Commission or any successor agency, and a copy of any other report or statement required by any applicable law, authority or regulatory body to be delivered to Guarantor's stockholders, any regular or periodic report and any Current Report on Form 8-K filed by Guarantor with any securities exchange or with the Securities and Exchange Commission or any successor agency, provided that if at any time Guarantor shall cease to be subject to Section 13 or 15(d) of the Company Securities Exchange Act of 1934 this provision shall be modified to require the delivery of quarterly and its Subsidiaries as of the end of such fiscal year annual balance sheets and the related financial statements of operations Guarantor (which, in the case of annual balance sheets and cash flows for such fiscal yearfinancial statements, setting forth shall be audited) comparable to those included in each case in comparative form the figures for the previous year, all in reasonable detailaforementioned Annual Reports and Quarterly Reports; (ii) commencing concurrently with each delivery pursuant to the fiscal period ending after September 30, 2010, as soon as availableforegoing paragraph (i), but in any event not later than forty five (45) days the 45th day after the end of each quarterly accounting period in each fiscal year of Guarantor, an Officer's Certificate of Guarantor stating that such officer has reviewed the activities of Lessees and Guarantor during such period and that, to the best of such officer's knowledge, during such period Lessees and Guarantor have performed and fulfilled each and every covenant, obligation and condition contained in the Operative Agreements, no Incipient Default, Event of Default or Casualty exists under any of the first three fiscal quarters of each fiscal yearOperative Agreements, or if such condition shall exist, specifying the unaudited consolidated balance sheet of the Company nature and its Subsidiaries, and the related statements of operations and cash flows for such quarter and for the period commencing on the first day of the fiscal year and ending on the last day of such quarter; (b) The Company shall deliver or cause to be delivered to each Blackstone Entity: (i) to the extent otherwise prepared by the Company, operating and capital expenditure budgets and periodic information packages relating to the operations and cash flows of the Company and its Subsidiariesstatus thereof; and (iiiii) such other reports and information as may if (A) Guarantor shall cease to be reasonably requested by any Blackstone Entity; provided, however, that the Company shall not be required subject to disclose any privileged information Section 13 or 15(d) of the Company so long as Securities Exchange Act of 1934, and (B) Agent or any Lessor at the Company has used its best efforts time outstanding shall request that Guarantor deliver to enter into an arrangement pursuant Agent, or to which it may provide such Lessor, information with respect to Guarantor that meets the Blackstone Entities without the loss requirements of Rule 144A(d)(4)(i) of such Act (or any such privilege.successor provision), then: