Common use of Preservation of Information; Communications to Clause in Contracts

Preservation of Information; Communications to. HOLDERS(1) . (a) The Trustee shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders contained in the most recent list furnished to the Trustee as provided in Section 7.01 and the names and addresses of Holders received by the Trustee in its capacity as Security Registrar, if so acting for the relevant series of Securities. The Trustee may destroy any list furnished to it as provided in Section 7.01 upon receipt of a new list so furnished. (b) If three or more Holders of Securities of any particular series (herein referred to as "APPLICANTS") apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Security of that series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of that series with respect to their rights under this Indenture or under such Securities and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the Trustee shall, within five Business Days after the receipt of such application, at its election, either: (i) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 7.02(a); or (ii) inform such applicants as to the approximate number of Holders of Securities of that series whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 7.02(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of Securities of that series whose name and address appears in the information preserved at the time by the Trustee in accordance with Section 7.02(a) a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision for the payment, of the reasonable expenses of mailing, unless within five days after such tender the Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests of the Holders of Securities of that series or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application. (c) Every Holder of Securities of such series, by receiving and holding the same, agrees with the Company and the Trustee that neither the Company nor the Trustee nor any agent of either of them shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of the Securities of such series in accordance with Section 7.02(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 7.02(b).

Preservation of Information; Communications to. HOLDERS(1) .Securityholders. --------------- (a) The Trustee shall preserve, in respect of each series of Securities, in as current a form as is reasonably practicable, (i) the names and addresses of Holders of Securities of such series contained in the most recent list furnished to the Trustee it as provided in Section 7.01 and 7.01, (ii) the ------------ names and addresses of Holders of Registered Securities of such series received by the Trustee in its capacity as Security RegistrarRegistrar or Paying Agent in respect thereof, if so acting for and (iii) the relevant names and addresses of Holders of Bearer Securities of such series of Securitiesreceived by the Trustee or filed with it within the two preceding years pursuant to Section ------- 7.03(c)(2). ---------- The Trustee may destroy any list furnished to it as provided in Section 7.01 upon receipt of a new list so furnished.. ------------- (b) If three 3 or more Holders of Securities of any particular series (herein hereinafter referred to as "APPLICANTSapplicants") apply in writing to the Trustee, and furnish ---------- to the Trustee reasonable proof that each such applicant has owned a Security of that such series for a period of at least six 6 months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of such Securities of that series with respect to their rights under this Indenture or under such Securities and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the Trustee shall, within five 5 Business Days after the receipt of such application, at its election, either: (i) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 7.02(aSubsection (a); , or (ii) inform such applicants as to the approximate number of Holders of such Securities of that series whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 7.02(aSubsection (a), and as to the approximate cost of mailing to such -------------- Holders the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of Securities of that such series whose name and address appears appear in the information preserved at the time by the Trustee in accordance with Section 7.02(a) Subsection (a), a copy of the form of proxy or other -------------- communication which is specified in such request, with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision for the payment, of the reasonable expenses of mailing, unless within five 5 days after such tender tender, the Trustee shall mail to such applicants and file with the Commission, Commission together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests of the Holders of the Securities of that such series or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application. (c) Every Holder of Securities of such seriesor Coupons, by receiving and holding the same, agrees with the Company and the Trustee that neither the Company nor the Trustee Trustee, nor any agent of either of them them, shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of the Securities of such series in accordance with Section 7.02(bSubsection (b), -------------- regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 7.02(bSubsection (b).. --------------

Preservation of Information; Communications to. HOLDERS(1) Holders. (a) The Trustee shall preserve, in as current a form as is reasonably -------- practicable, the names and addresses of Holders contained in the most recent list furnished to the Trustee as provided in Section 7.01 and the names and addresses of Holders received by the Trustee in its capacity as Security Registrar, Registrar or Paying Agent (if so acting for the relevant series of Securitiesacting). The Trustee may destroy any list furnished to it as provided in Section 7.01 upon receipt of a new list so furnished. (b) If three or more Holders of Securities of any particular series (herein hereinafter referred to as "APPLICANTSapplicants") apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Security of that series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of that series with respect to their rights under this Indenture or under such the Securities and the Guarantees and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, 92 then the Trustee shall, within five Business Days after the receipt of such application, at its election, either: (i1) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 7.02(a); , or (ii2) inform such applicants as to the approximate number of Holders of Securities of that series whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 7.02(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of Securities of that series whose name and address appears appear in the information preserved at the time by the Trustee in accordance with Section 7.02(a) ), a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision for the payment, of the reasonable expenses of mailing, unless within five days after such tender tender, the Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests of the Holders of Securities of that series or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application. (c) Every Holder of Securities of such seriesSecurities, by receiving and holding the same, agrees with each of the Company Issuers, the Guarantor and the Trustee that neither none of the Company Issuers, the Guarantor nor the Trustee nor any agent of either of them shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of the Securities of such series in accordance with Section 7.02(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 7.02(b).

Preservation of Information; Communications to. HOLDERS(1) Noteholders. (a) The Indenture Trustee shall will preserve, in as current a form as is reasonably practicable, the names and addresses of Holders Registered Noteholders contained in the most recent list furnished to the Indenture Trustee as provided in Section 7.01 8.01 and the names and addresses of Holders Registered Noteholders received by the Indenture Trustee in its capacity as Security Note Registrar, if so acting for the relevant series of Securities. The Indenture Trustee may destroy any list furnished to it as provided in Section 7.01 8.01 upon receipt of a new list so furnished. (b) If three 3 or more Holders of Securities Notes of any particular series Series, Class or Tranche (herein hereinafter referred to as "APPLICANTS"“applicants”) (or, if there are less than 3 such Holders, all of the Holders) apply in writing to the Indenture Trustee, and furnish to the Indenture Trustee reasonable proof that each such applicant has owned a Security Note of that series such Series, Class or Tranche for a period of at least six 6 months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities Notes of that series such Series, Class or Tranche or with the Holders of all Notes with respect to their rights under this Indenture or under such Securities Notes and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the Indenture Trustee shallwill, within five 5 Business Days after the receipt of such application, at its election, either: (i) afford such applicants access to the information preserved at the time by the Indenture Trustee in accordance with Section 7.02(asubsection 8.02(a); , or (ii) inform such applicants as to the approximate number of Holders of Securities Notes of that series such Series, Class or Tranche or all Notes, as the case may be, whose names and addresses appear in the information preserved at the time by the Indenture Trustee in accordance with Section 7.02(asubsection 8.02(a), and as to the approximate cost of mailing to such Holders Noteholders the form of proxy or other communication, if any, specified in such application. If the Indenture Trustee shall elect not to afford such applicants access to such information, the Indenture Trustee shall, upon the written request of such applicants, mail to each Holder of Securities a Registered Note of that series such Series, Class or Tranche or to all Registered Noteholders, as the case may be, whose name names and address appears addresses appear in the information preserved at the time by the Indenture Trustee in accordance with Section 7.02(a) subsection 8.02(a), a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the Indenture Trustee of the material to be mailed and of payment, or provision for the payment, of the reasonable expenses of mailing, unless unless, within five 5 days after such tender tender, the Indenture Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Indenture Trustee, such mailing would be contrary to the best interests of the Holders of Securities Notes of that series such Series, Class or Tranche or all Noteholders, as the case may be, or would be in violation of applicable law. Such written statement shall will specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Indenture Trustee shall will mail copies of such material to all Registered Noteholders of such Holders Series, Class or Tranche or all Registered Noteholders, as the case may be, with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Indenture Trustee shall will be relieved of any obligation or duty to such applicants respecting their application. (c) Every Holder of Securities of such seriesNotes, by receiving and holding the same, agrees with the Company Issuing Entity and the Indenture Trustee that neither the Company Issuing Entity nor the Indenture Trustee nor any agent of either of them shall will be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of the Securities of such series Notes in accordance with Section 7.02(bsubsection 8.02(b), regardless of the source from which such information was derived, and that the Indenture Trustee shall will not be held accountable by reason of mailing any material pursuant to a request made under Section 7.02(bsubsection 8.02(b). (d) In addition to the foregoing provisions of this Section 8.02, requests by Noteholders or Certified Note Owners of Notes that were issued publicly pursuant to a shelf registration statement on Commission Form SF-3 to communicate with other Noteholders or Note Owners with respect to the exercise of rights under the Indenture, the other Transaction Documents or the Notes, shall be included on the Form 10-D filing by the Issuing Entity with respect to the Monthly Period during which the request was received and may include, but shall be limited to: (i) the name of the Noteholder or Note Owner making the request, (ii) the date the request was received, (iii) a statement to the effect that the Issuing Entity has received a request from such Noteholder or Note Owner who is interested in communicating with other Noteholders or Note Owners with regard to the possible exercise of rights under the Indenture, the Transaction Documents or the Notes and (iv) a description of the method other Noteholders or Note Owners may use to contact the requesting Noteholder or Note Owner, in accordance with the terms and provisions of Section 13.07.