Common use of Provision of Financial Information Clause in Contracts

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Exchange Act, the Company shall, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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).

Provision of Financial Information. Whether or not the Company Partnership is subject to Section 13 or 15(d) of the Exchange Act, the Company shallPartnership will, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company Partnership would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company Partnership were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company Partnership would have been required so to file such documents if the Company Partnership were so subject. The Company shall Partnership will also in any event (x) within 15 days of each Required Filing Date (i) if the Company Partnership is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company Partnership would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Partnership were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company Partnership would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Partnership were subject to such Sections and (y) if filing such documents by the Company Partnership with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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).

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Exchange Act, the Company shall, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which that the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of after each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which that the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which that the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections Sections. If filing the foregoing reports and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, the Company shall promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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).

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Securities Exchange ActAct of 1934, as amended, the Company shallwill, to the extent permitted under the Securities Exchange ActAct of 1934, as amended, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) (the "Financial Statements") if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, Holders copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934, as amended, if the Company were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934, as amended, if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Securities Exchange ActAct of 1934, as amended, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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).

Provision of Financial Information. Whether or not the Company Allied is required to be subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to (or Allied for so long as the extent permitted under the Exchange Act, Company is a Wholly-Owned Subsidiary of Allied) shall file with the Commission the annual reports, quarterly reports and other documents which the Company (or Allied for so long as the Company is a Wholly-Owned Subsidiary of Allied) would have been required to file with the Commission pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company (or Allied for so long as the Company is a Wholly-Owned Subsidiary of Allied) were so subjectrequired, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”"REQUIRED FILING DATES") by which the Company would have been required so to file such documents if the Company were so subjectrequired. The Company shall also in any event event: (xa) within 15 days of each Required Filing Date (i) if file with the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, Trustee copies of the annual reports, quarterly reports and quarterly reports other documents which the Company (or Allied for so long as the Company is a Wholly-Owned Subsidiary of Allied) filed with the Commission pursuant to such Section 13(a) or 15(d) or any successor provisions thereto or would have been required to file with the Commission pursuant to such Section 13 13(a) or 15(d) of the Exchange Act or any successor provisions thereto if the Company (or Allied for so long as the Company is a Wholly-Owned Subsidiary of Allied) were subject required to comply with such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (yb) if filing such documents by the Company (or Allied for so long as the Company is a Wholly-Owned Subsidiary of Allied) with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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).

Provision of Financial Information. Whether or not the Company Corporation is subject to Section 13 or Section 15(d) of the Exchange Act, the Company shallCorporation will, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which that the Company Corporation would have been required to file with the Commission pursuant to such Section 13 or Section 15(d) of the Exchange Act (the “Financial Statements”) if the Company Corporation were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company Corporation would have been required so to file such documents if the Company Corporation were so subject. The Company shall Corporation will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which that the Company Corporation would have been required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act if the Company Corporation were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which that the Company Corporation would have been required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act if the Company Corporation were subject to such Sections and (y) if filing such documents by the Company Corporation with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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).

Provision of Financial Information. Whether or not required by the Securities and Exchange Commission (the “SEC”), so long as any Securities are outstanding, the Company will furnish or make available to the Holders of Securities, within the time periods specified in the SEC’s rules and regulations for a company that is subject to Section 13 13(a) or 15(d) of the Exchange Act, : (1) all quarterly and annual financial information that would be required to be contained in a filing with the SEC on Forms 10-Q and 10-K if the Company shallwere required to file such Forms, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the extent permitted annual information only, a report on the annual financial statements by the Company’s certified independent accountants; and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports; provided that any such above information or reports filed with the XXXXX system of the SEC (or any successor system) and available publicly on the Internet shall be deemed to be furnished or made available to the Holders of Securities, it being understood that the Trustee shall have no obligation to determine if any such information or reports have been so filed or are so available. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries and such Unrestricted Subsidiaries hold more than 10.0% of the Adjusted Consolidated Net Tangible Assets of the Company in the aggregate, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto, of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Company’s Unrestricted Subsidiaries. The Company and the Subsidiary Guarantors will agree in this Indenture that, for so long as any Securities remain outstanding and are “restricted securities” under Rule 144 of the Exchange Securities Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been if at any time they are not required to file with the Commission SEC the reports required by the first paragraph of this covenant, the Company and the Subsidiary Guarantors will furnish to Holders and securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to such Section 13 or 15(dRule 144A(d)(4) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Securities Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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).

Provision of Financial Information. Whether or not the Company is subject to Section 13 or Section 15(d) of the Exchange Act, the Company shallwill, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which that the Company would have been required to file with the Commission pursuant to such Section 13 or Section 15(d) of the Exchange Act (the "Financial Statements") if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall will also in any event (x) within 15 days of not later than the 15th day following each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which that the Company would have been required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which that the Company would have been required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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).

Provision of Financial Information. Whether or not we or the Company Guarantor is subject to Section 13 or 15(d) of the Exchange Act, the Company shallGuarantor will, to the extent permitted under the Exchange Act, file with the Commission SEC the annual reports, quarterly reports and other documents which that the Company Guarantor would have been required to file with the Commission SEC pursuant to such Section 13 or 15(d) (the “Financial Statements”) if the Company Guarantor were so subject, such documents to be filed with the Commission SEC on or prior to the respective dates (the “Required Filing Dates”) by which the Company Guarantor would have been required so to file such documents if the Company Guarantor were so subject. The Company shall Guarantor will also in any event (x1) within 15 days of each Required Filing Date (ia) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail or electronic transmittal to all Holders, as their names and addresses appear in the Security Registersecurity register, without cost to such Holders, copies of the annual reports, quarterly reports and quarterly reports which other documents that the Company Guarantor is required to file or would have been required to file with the Commission SEC pursuant to Section 13 or 15(d) of the Exchange Act if the Company Guarantor were subject to such Sectionssections, and (iib) file with furnish to the Trustee copies of annual reports, quarterly reports and other documents which that the Company Guarantor would have been required to file with the Commission SEC pursuant to Section 13 or 15(d) of the Exchange Act if the Company Guarantor were subject to such Sections sections; provided that the foregoing transmittal and furnishing requirements will be deemed satisfied if the foregoing reports and documents are available on the SEC’s XXXXX system or on the Guarantor’s website within the applicable time period specified above, and (y2) if filing such documents by the Company Guarantor with the Commission SEC is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 our compliance with any of its the covenants hereunder thereunder (as to which the Trustee is entitled to rely exclusively conclusively on Officers’ Certificatesan Officer’s Certificate). The Trustee shall have no liability or responsibility for the filing, timeliness or content of any such report.

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Securities Exchange ActAct of 1934, the Company shallwill, to the extent permitted under the Securities Exchange ActAct of 1934, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) (the "Financial Statements") if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, Holders copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 if the Company were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Securities Exchange ActAct of 1934, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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).

Provision of Financial Information. Whether or For so long as the Notes are outstanding, if at any time the Guarantor is not the Company is subject to Section 13 or 15(d) the periodic reporting requirements of the Exchange ActAct for any reason, the Company shallwill, at the Company’s option, either (i) post on a publicly available website, (ii) post on IntraLinks or any comparable password protected online data system requiring user identification and a confidentiality acknowledgement (a “Confidential Datasite”), or (iii) deliver to the extent permitted under Trustee and the Exchange ActHolders of the Notes within 15 days of the filing date that would be applicable to a non-accelerated filer at that time pursuant to applicable SEC rules and regulations, file with the Commission the quarterly and audited annual reports, quarterly reports financial statements and other documents which the Company accompanying “Management’s Discussion and Analysis of Financial Condition and Results of Operations” that would have been required to file with be contained in annual reports on Form 10-K and quarterly reports on Form 10-Q, respectively, had the Commission pursuant Company been subject to such Section 13 Exchange Act reporting requirements. The Trustee shall have no obligation to determine whether or 15(d) if not such reports, information, statements or documents have been filed, posted or delivered. Delivery of such reports, information, statements and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of the Company’s covenants under the Indenture, as to which the Trustee is entitled to rely exclusively on an Officer’s Certificate. If the Company were so subjectelects to furnish such reports via a Confidential Datasite, such access to the Confidential Datasite will be provided upon request to Holders, beneficial owners of and bona fide potential investors in the Notes. Reports, information and documents to be filed with the Commission on or prior SEC via the EXXXX system will be deemed to be delivered to the respective dates (Trustee as of the “Required Filing Dates”) by which time of such filing via EXXXX for purposes of this covenant; provided, however, that the Company would Trustee shall have no obligation whatsoever to determine whether or not such information, documents or reports have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holderfiled via EXXXX. 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 CompanyGuarantor’s compliance with any of its covenants hereunder relating to the Notes (as to which the Trustee is entitled to rely exclusively on Officers’ Certificatesan Officer’s Certificate).

Provision of Financial Information. Whether or not If the Company or a Guarantor is subject required to file annual and quarterly reports and other documents with the Commission pursuant to Section 13 or 15(d) of the Exchange Act, the Company shall, to the extent permitted under the Exchange Act, or such Guarantor will (i) file with the Commission the annual reports, quarterly such reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been or such Guarantor is required so to file such documents if the Company were so subject. The Company shall also in any event documents, (xii) within 15 days after being required to file the same with the Commission, deliver such reports and documents with the Trustee, and (iii) within 15 days after being required to file the same with the Commission, transmit a copy of each Required Filing Date such reports and document (iexclusive of exhibits) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of . If the Company or a Guarantor is not required to file annual reports and quarterly reports and other documents with the Commission pursuant to either of such provisions, the Company or such Guarantor will, within 15 days of the date by which the Company would have been required to file the same with the Commission pursuant if it were so required, (i) deliver to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies a document containing substantially the same kind of annual reports, quarterly reports and other documents which information as the Company would have been required to file include in each annual and quarterly report filed with the Commission pursuant if it were so required and (ii) transmit a copy of each document required to Section 13 or 15(dbe delivered to the Trustee (exclusive of exhibits) of by mail to all Holders, as their names and addresses appear in the Exchange Act Security Register, without cost to such Holders. Notwithstanding the foregoing, if the Company were subject or a Guarantor is not required to such Sections file annual or quarterly reports and (y) if filing such other documents by the Company with the Commission because information about the Company or the Guarantor is not permitted under contained in the Exchange Actannual and quarterly reports and other documents filed by another entity with the Commission, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery of such reports, information and documents delivery to the Trustee is for informational purposes only of the annual and quarterly reports and other documents filed by such entity with the Commission and the Trustee’s receipt transmittal by mail to all Holders of each annual and quarterly report filed with the Commission by such entity within the time periods set forth in the preceding sentence shall not constitute constructive notice be deemed to satisfy the obligations of any the Company or the Guarantor to provide financial 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)under this Section 1010.

Provision of Financial Information. Whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission SEC (if permitted by SEC practice and applicable law and regulations) the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subjectrequired, such documents to be filed with the Commission SEC on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subjectrequired; provided, however, that until the Company is subject to Section 13(a) or Section 15(d) of the Exchange Act or any successor provisions thereto, the Required Filing Dates for such quarterly reports shall be 75 days following the end of the applicable fiscal quarter. The Company shall also in any event (xa) within 15 days of each Required Filing Date (whether or not permitted or required to be filed with the SEC but subject to the proviso in the previous sentence) (i) if the Company is not then subject transmit (or cause to Section 13 or 15(dbe transmitted) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security RegisterNote register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been is required to file with the Commission SEC pursuant to Section 13 or 15(d) the preceding sentence, or, if such filing is not so permitted, information and data of the Exchange Act if the Company were subject to such Sections a similar nature, and (yb) if if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission SEC is not permitted under the Exchange Actby SEC practice or applicable law or regulations, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any Holder. In addition, for so long as any Securities remain outstanding, the Company will furnish to the Holders and to securities analysts and prospective Holderinvestors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, and, to any beneficial holder of Securities, if not obtainable from the SEC, information of the type that would be filed with the SEC pursuant to the foregoing provisions, upon the request of any such holder. 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).

Provision of Financial Information. Whether or not required by the Company is subject to Section 13 or 15(d) of the Exchange ActCommission, so long as any Notes are outstanding, the Company shall, will furnish to the extent permitted under the Exchange ActHolders of Notes, or file electronically with the Commission through the Commission’s Electronic Data Gathering, Analysis and Retrieval System (or any successor system), within the time periods specified in the Commission’s rules and regulations: (1) all quarterly and annual reports, quarterly reports and other documents which the Company financial information that would have been be required to file be contained in a filing with the Commission pursuant to such Section 13 or 15(d) on Forms 10-Q and 10-K if the Company were so subjectrequired to file such Forms, such documents including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, a report on the annual financial statements by the Company’s certified independent accountants; and (2) all current reports that would be required to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents Form 8-K if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file such reports. In addition, whether or not required by the Commission, the Company will file a copy of all of the information and reports referred to in clauses (1) and (2) above with the Commission pursuant for public availability within the time periods specified in the Commission’s rules and regulations (unless the Commission will not accept such a filing) and make such information available to Section 13 or 15(d) of prospective investors. If the Exchange Act Commission will not accept the Company’s filings for any reason, the Company will post the reports referred to in the preceding paragraph on its website within the time periods that would apply if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file those reports with the Commission Commission. In addition, the Company and the Subsidiary Guarantors have agreed that, for so long as any Notes remain outstanding, they will furnish to the Holders and to prospective investors, upon their request, the information required to be delivered pursuant to Section 13 or 15(dRule 144A(d)(4) of under the Exchange Act if Securities Act. If the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 has designated any of its covenants hereunder (Subsidiaries as to which Unrestricted Subsidiaries, then the Trustee is entitled to rely exclusively quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, either on Officers’ Certificates)the face of the financial statements or in the footnotes thereto, and in “Management’s Discussion and Analysis of Financial Condition and Results of Operations,” of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company.

Provision of Financial Information. Whether or not the (a) The Company is subject to Section 13 or 15(d) of the Exchange Act, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission SEC and provide the annual reports, quarterly reports Trustee and other documents which the Company would have been required to file Holders of Notes with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly such information, documents and other reports which the Company would have been required to file with the Commission pursuant to Section as are specified in Sections 13 or and 15(d) of the Exchange Act if the Company were and applicable to a U.S. corporation subject to such Sections, such information, documents and (ii) reports to be so filed and provided at the times specified for the filing of such information, documents and reports under such Sections; provided, however, that the Company shall not be so obligated to file such information, documents and reports with the SEC if the SEC does not permit such filings but shall still be obligated to provide such information, documents and reports to the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) Holders of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective HolderNotes. Delivery of any such reportsinformation, information documents and documents reports 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). The Trustee shall have no liability or responsibility for the filing, timeliness, or content of such reports. The Trustee shall further not be obligated to monitor or confirm, on a continuing basis or otherwise, the Company’s compliance with its covenants or with respect to any reports or other documents filed with the SEC or posted to any website or participate in any conference calls. (b) In addition, to the extent not satisfied by the foregoing, the Company shall furnish to prospective investors, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act for so long as the Notes are not freely transferable under the Securities Act. (c) If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries and such Unrestricted Subsidiaries if taken together as one Subsidiary, would constitute a Significant Subsidiary of the Company, then the annual and quarterly information required above shall include a reasonably detailed presentation, either on the face of the financial statements, in the footnotes thereto or in an “Management’s Discussion and Analysis of Financial Condition and Results of Operations,” of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (d) Notwithstanding the foregoing, (a) the obligations in this Section 4.12 may be satisfied by a parent of the Company; provided that to the extent such information relates to a parent of the Company, such information is accompanied by consolidating information, which may be unaudited, that explains in reasonable detail the differences between the information relating to such parent, on the one hand, and the information relating to the Company and its Subsidiaries on a stand-alone basis, on the other hand, and to the extent such information is in lieu of information required to be provided under this Section 4.12, such materials are accompanied by a report and opinion of an independent registered public accounting firm of nationally recognized standing, which report and opinion shall be prepared in accordance with generally accepted auditing standards and shall not be subject to any “going concern” or like qualification or exception or any qualification or exception as to the scope of such audit (other than any exception or explanatory paragraph, but not a qualification, that is expressly solely with respect to, or expressly resulting solely from, (i) an upcoming maturity date of any Indebtedness occurring within one year from the time such opinion is delivered or (ii) any potential inability to satisfy a financial maintenance covenant on a future date or in a future period) and (b) (i) in no event shall any financial statements or reports be required to comply with (w) Rule 3-10 of Regulation S-X promulgated by the SEC (or such other rule or regulation that amends, supplements or replaces such Rule 3-10, including for the avoidance of doubt, Rules 13-01 or 13-02 of Regulation S-X promulgated by the SEC), (x) Rule 3-09 of Regulation S-X (or such other rule or regulation that amends, supplements or replaces such Rule 3-09) or (y) Rule 3-16 of Regulation S-X (or such other rule or regulation that amends, supplements or replaces such Rule 3-16) and (ii) in no event shall such financial statements or reports be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K promulgated by the SEC with respect to any non-GAAP financial measures contained therein.

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Exchange Act, the Company shall, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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).

Provision of Financial Information. Whether or not the Company is or the Parent Guarantor are subject to Section 13 or 15(d) of the Exchange Act, the Company shalland the Parent Guarantor will, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company and the Parent Guarantor would have been required to file with the Commission pursuant to such Section 13 or 15(d) (the “Financial Statements”) if the Company and the Parent Guarantor were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company and the Parent Guarantor would have been required so to file such documents if the Company and the Parent Guarantor were so subject. The Company shall and the Parent Guarantor will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail or electronic transmittal to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company and the Parent Guarantor are required to file or would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company and the Parent Guarantor were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company and the Parent Guarantor would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company and the Parent Guarantor were subject to such Sections Sections, provided that any such information, documents or reports electronically filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be deemed filed with, and delivered to, the Trustee and transmitted to the Holders at the same time as filed with the Commission and (y) if filing such documents by the Company or the Parent Guarantor with the Commission is not permitted under the Exchange Act, in the event it has not made such reports publicly available on its website, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery of such reports, information 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 or Parent Guarantor’s (if applicable) compliance with any of its covenants hereunder (as to which the Trustee is entitled to conclusively rely exclusively on Officers’ Certificates). For avoidance of doubt, the Company shall have no obligation to provide its separate financial information pursuant to this Section 1009 to the extent that it is otherwise exempt from the requirements of Section 13(a) or 15(d) of the Exchange Act, whether pursuant to Rule 12h-5 under the Exchange Act, any successor thereto or otherwise.

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Exchange Act, it will, within 15 days after each of the Company shall, respective dates by which it would have been required to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company it were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”1) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports, quarterly reports and quarterly reports other documents which the Company it would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act Act, if the Company it were subject to such Sections, and (ii2) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company it would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act Act, if the Company were it was subject to such Sections Sections, and (y3) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder; provided that, the foregoing requirements shall be deemed satisfied if the foregoing materials are available on the Commission’s XXXXX system or on the Company’s website within the applicable time period. Delivery The Trustee shall have no liability or responsibility for the filing, timeliness or content of any such reports, documents or information filed by the Company and delivery of such reports, documents or information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice of thereof or any information contained therein therein. Notwithstanding the foregoing, if at any time the Notes are guaranteed by any direct or determinable from information contained therein, including indirect parent company of the Company’s compliance , the Company may satisfy its obligations under this Section 3.1(c) with respect to financial information relating to the Company by furnishing financial information relating to such direct or indirect parent company; provided, however, that the same is accompanied by consolidating information that explains in reasonable detail the differences between the information relating to such direct or indirect parent company and any of its covenants hereunder (as Subsidiaries other than the Company and its Subsidiaries, on the one hand, and the information relating to which the Trustee is entitled to rely exclusively Company and its Subsidiaries on Officers’ Certificates)a standalone basis, on the other hand.

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Exchange Act, the Company shallwill, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (yii) if filing such file with the Trustee copies of annual reports, quarterly reports and other documents by which the Company is required to file with the Commission is not permitted under or would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange ActAct if the Company were subject to such Sections and (y) supply, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery The Trustee shall not be required to examine any of such reports, information the reports and other documents filed therewith pursuant to the Trustee provisions of this Section 2.15 or Section 7.03 of the Senior Indenture in order to determine whether the Company 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 in compliance with any the provisions of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)Section 2.4 of this Supplemental Indenture.

Provision of Financial Information. Whether or not the Company Issuer is subject to Section 13 or 15(d) of the Exchange ActAct and for so long as any Securities are outstanding, the Company shallIssuer will, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company Issuer would have been required to file with the Commission pursuant to such Section 13 or 15(d) (the "Financial Statements") if the Company Issuer were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company Issuer would have been required so to file such documents if the Company Issuer were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) In addition, if the Company Issuer is not then subject no longer required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act, the Issuer will also in any event (x) within 15 days after each Required Filing Date (i) transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, Holders copies of the annual reports and quarterly reports which the Company Issuer would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Issuer were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company Issuer would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Issuer were subject to such Sections and (y) if filing such documents by the Company Issuer with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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).

Provision of Financial Information. (a) Whether or not the Company MAALP is subject to Section 13 or 15(d) of the Exchange Act, the Company for so long as any Notes are Outstanding under this Indenture, MAALP shall, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company it would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if it were so subject, on or prior to the Company respective dates (each, a “Required Filing Date”) by which it would have been required to file such documents if it were so subject. In addition: (1) if MAALP is not subject to Section 13 or 15(d) of the Exchange Act, MAALP shall, not later than 15 days after each Required Filing Date, transmit by mail to all Holders of Notes Outstanding under this Indenture, as their names and addresses appear in the Note Register for the Notes, without cost to such Sectionsholders, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company it would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company it were subject to such Sections Sections; provided that MAALP shall not be required to mail any such report or other document to Holders of Notes if such report or other document is publicly available on the Commission’s or MAALP’s website (provided that within five days after the first time that MAALP shall make any such reports or documents publicly available on MAALP’s website, it will disseminate a press release or similar public announcement (using such means of dissemination that is at the time customary for public companies in the United States of America) announcing the availability of such reports and other documents on such website and providing the internet address of such website); (y2) MAALP shall, whether or not it is subject to Section 13 or 15(d) of the Exchange Act, not later than 15 days after each Required Filing Date, file with the Trustee copies of the annual reports, quarterly reports and other documents which it would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if it were subject to those Sections; and (3) if filing of any such documents report or other document required by any of the Company foregoing provisions to be filed with the Commission is not permitted under the Exchange Act, MAALP shall, promptly upon written request and payment of the reasonable cost costs of duplication and delivery, supply copies of such documents report or other document to any prospective HolderHolder of Notes (or, in the case of a Global Note evidencing any Notes, any prospective owner of a beneficial interest in such Global Note); provided that MAALP shall not be required to supply any such report or other document to a prospective owner or Holder if such report or other document is publicly available on the Commission’s or MAALP’s website. Delivery Any report or other document which MAALP is required to mail, file or supply to any Person pursuant to clause (1), (2) or (3) of this Section 4.06 may instead be sent to such reports, information Person by email if such Person shall have consented in writing (including by email) to email delivery and documents such email is sent to such Person at such email address as such Person may provide from time to time by notice to the Trustee is for informational purposes only and or, in the Trustee’s receipt case of such shall not constitute constructive notice clause (2) of any information contained therein or determinable from information contained thereinthis Section 4.06, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled may provide from time to rely exclusively on Officers’ Certificates)time by notice to MAALP.

Provision of Financial Information. Whether or not the Company Allied is required to be subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to (or Allied for so long as the extent permitted under the Exchange Act, Company is a Wholly-Owned Subsidiary of Allied) shall file with the Commission the annual reports, quarterly reports and other documents which the Company (or Allied for so long as the Company is a Wholly-Owned Subsidiary of Allied) would have been required to file with the Commission pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company (or Allied for so long as the Company is a Wholly-Owned Subsidiary of Allied) were so subjectrequired, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subjectrequired. The Company shall also in any event event: (xa) within 15 days of each Required Filing Date (i) if file with the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, Trustee copies of the annual reports, quarterly reports and quarterly reports other documents which the Company (or Allied for so long as the Company is a Wholly-Owned Subsidiary of Allied) filed with the Commission pursuant to such Section 13(a) or 15(d) or any successor provisions thereto or would have been required to file with the Commission pursuant to such Section 13 13(a) or 15(d) of the Exchange Act or any successor provisions thereto if the Company (or Allied for so long as the Company is a Wholly-Owned Subsidiary of Allied) were subject required to comply with such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (yb) if filing such documents by the Company (or Allied for so long as the Company is a Wholly-Owned Subsidiary of Allied) with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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).

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Exchange Act, the Company shallwill, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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).

Provision of Financial Information. Whether or not the Company is required to be subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to for so long as any of the extent permitted under the Exchange ActSecurities remain outstanding, file with the Commission and the Trustee (i) the annual reports, quarterly reports and other documents and reports which the Company would have been required to file with (and in such form as required by) the Commission pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subjectrequired, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subjectrequired and (ii) an English translation of the unaudited quarterly consolidated financial statements of the Company (the "Quarterly Financial Statements") for each of the first three fiscal quarters of its fiscal year, in each case as soon as practicable after the close of the relevant quarter (each such date, a "Quarterly Filing Date"). The Company shall also in any event (xa) within 15 days of each Required Filing Date (i) if or Quarterly Filing Date, as applicable, request that the Company is not then subject to Section 13 or 15(d) of the Exchange Act, Trustee transmit by mail to all Holders, as their names and addresses appear in the Security Registernote register, without cost to such Holders, copies (sufficient numbers of which will be furnished by the Company to the Trustee) of the annual reports and quarterly other documents and reports which the Company would have been is required to file with the Commission pursuant to Section 13 13(a) or 15(d) of the Exchange Act if or the Company were subject to such SectionsQuarterly Financial Statements, as the case may be, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (yb) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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).

Provision of Financial Information. Whether (a) Following the consummation of the Registered Exchange Offer contemplated by the Registration Rights Agreement (or the effectiveness of a Shelf Registration Statement in lieu thereof, if such Shelf Registration Statement is so required by the Registration Rights Agreement), and whether or not the Company is subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission SEC and provide the annual reports, quarterly reports Trustee and other documents which the Company would have been required to file Holders with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly such information, documents and other reports which the Company would have been required to file with the Commission pursuant to Section as are specified in Sections 13 or and 15(d) of the Exchange Act if the Company were and applicable to a U.S. corporation subject to such Sections, such information, documents and (ii) reports to be so filed and provided at the times specified for the filing of such information, documents and reports under such Sections; provided, however, that the Company shall not be so obligated to file such information, documents and reports with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act SEC if the Company were subject SEC does not permit such filings but shall still be obligated to provide such Sections information, documents and (y) if filing such documents by reports to the Company with Trustee and the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective HolderHolders. 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 any information contained therein, including the Company’s compliance with any of its covenants hereunder under this Indenture (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). (b) Notwithstanding the foregoing, prior to the consummation of the exchange offer contemplated by the Registration Rights Agreement (or the effectiveness of a shelf registration statement in lieu thereof, if such shelf registration statement is so required by the Registration Rights Agreement), the Company shall provide the Trustee and Holders with the financial information that would have been required to be included in an annual or quarterly report, as applicable, as specified in Sections 13 and 15(d) of the Exchange Act and required to be filed with the SEC by a U.S. corporation subject to such Sections (including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section), in each case within 15 days after the Company would have been required to file such annual or quarterly report with the SEC. (c) In addition, if Additional Securities are issued pursuant to Rule 144A of the Securities Act, unless the Company is then subject to the reporting requirements of Section 13(d) or 15 of the Exchange Act, the Company shall, upon request, furnish to any prospective purchaser of Securities or beneficial owner of Securities in connection with any sale thereof the information required by Rule 144A(d)(4) under the Securities Act, until such time as the Company has either exchanged the Securities for the Exchange Securities or until such time as the Holders thereof have disposed of such Securities pursuant to a Shelf Registration Statement. (d) Notwithstanding anything herein to the contrary, for purposes of Section 6.01(d), the Company shall not be deemed to have failed to comply with its obligations under Section 4.13(a) or 4.13(b) to file with the SEC and/or provide the Trustee and Holders with information, documents and reports until 120 days after the date such information, document or report is required to be so filed with the SEC or provided to the Trustee and Holders, respectively, pursuant to Section 4.13(a) or 4.13(b).

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Exchange Act, it will, within fifteen (15) days after each of the Company shall, respective dates by which it would have been required to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company it were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”1) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports reports, quarterly and quarterly reports other reports, financial statements and other documents which the Company it would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act Act, if the Company it were subject to such Sections, and (ii2) file with the Trustee copies of the annual reports, quarterly reports or other reports, financial statements and other documents which the Company it would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act Act, if the Company were it was subject to such Sections Sections, and (y3) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder; provided that, the foregoing requirements shall be deemed satisfied if the foregoing materials are available on the Commission’s XXXXX system or on the Company’s website within the applicable time period. Delivery The Trustee shall have no liability or responsibility for the filing, timeliness or content of any such reports, financial statements, documents or information filed by the Company and delivery of such reports, financial statements, documents or information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice of thereof or any information contained therein therein. Notwithstanding the foregoing, if at any time the Notes are guaranteed by any direct or determinable from information contained therein, including indirect parent company of the Company’s compliance , the Company may satisfy its obligations under this Section 3.1(c) with respect to financial information relating to the Company by furnishing financial information relating to such direct or indirect parent company; provided, however, that the same is accompanied by consolidating information that explains in reasonable detail the differences between the information relating to such direct or indirect parent company and any of its covenants hereunder (as Subsidiaries other than the Company and its Subsidiaries, on the one hand, and the information relating to which the Trustee is entitled to rely exclusively Company and its Subsidiaries on Officers’ Certificates)a standalone basis, on the other hand.

Provision of Financial Information. Whether or not For so long as any Securities are outstanding, if the Company is subject to Section 13 13(a) or 15(d) of the Exchange ActAct or any successor provision, the Company shall, shall deliver to the extent permitted under Trustee and the Exchange Act, file with the Commission Holders the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company it is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 13(a) or 15(d) or any successor provision, within 15 days after the date that it files the same with the Commission. If the Company is not subject to Section 13(a) or 15(d) of the Exchange Act or any successor provision, and for so long as any Securities are outstanding, the Company shall deliver to the Trustee and the Holders the quarterly and annual financial statements that would be required to be contained in annual reports on Form 10-K and quarterly reports on Form 10-Q required to be filed with the Commission if the Company were was subject to such Sections, and (iiSection 13(a) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if or any successor provision, within 15 days of the filing date that would be applicable to the Company were subject at that time pursuant to such Sections applicable Commission rules and (y) if filing such regulations. Reports and other documents filed by the Company with the Commission is not permitted under and publicly available via the Exchange Act, promptly upon written request XXXXX system or on the Company’s website will be deemed to be delivered to the Trustee and payment the Holders as of the reasonable cost time such filing is publicly available via XXXXX or on the Company’s website for purposes of duplication and deliverythis Section 1008; provided, supply copies of however, that the Trustee shall have no obligation whatsoever to determine whether or not such information, documents to any prospective Holderor reports have been filed or are publicly available via XXXXX or on the Company’s website. 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 under this Indenture (as to which the Trustee is entitled to rely exclusively on Officers’ Certificatesan Officer’s Certificate).

Provision of Financial Information. Whether or not required by the Company is subject to Section 13 or 15(d) rules and regulations of the Exchange ActCommission, so long as any Notes are outstanding, the Company shallwill, subject to the extent permitted under the Exchange Actsecond succeeding paragraph, file with the Commission (and deliver a copy to the Trustee), within the time periods specified in the Commission’s rules and regulations that would then be applicable to the Company: (1) all quarterly and annual reports, quarterly reports and other documents which the Company that would have been be required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which Forms 10-Q and 10-K if the Company would have been was required so to file such documents reports; and (2) all current reports that would be required to be filed with the Commission on Form 8-K if the Company were so subjectwas required to file such reports. The All such reports will be prepared in all material respects in accordance with all of the rules and regulations applicable to such reports. Each annual report on Form 10-K will include a report on the consolidated financial statements of the Company shall also in by the certified independent accountants of the Company. If, at any event (x) within 15 days of each Required Filing Date (i) if time, the Company is not then no longer subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) periodic reporting requirements of the Exchange Act for any reason, the Company will nevertheless continue filing the reports specified in the preceding paragraphs of this covenant with the Commission (and deliver a copy to the Trustee) within the time periods specified above unless the Commission will not accept such filings. If the Commission will not accept the filings of the Company for any reason, the Company will post the reports referred to in the preceding paragraphs on its website within the time periods that would apply if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been was required to file those reports with the Commission Commission. In addition, the Company will furnish to the Holders of Notes and to prospective investors, upon their request, the information required to be delivered pursuant to Section 13 or 15(dRule 144A(d)(4) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Securities Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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).

Provision of Financial Information. Whether or not If the Company is subject required to file annual and quarterly reports and other documents with the Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 (the "Exchange Act"), the Company shall, to the extent permitted under the Exchange Act, will file with the Commission the annual reports, quarterly such reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been is required so to file such documents if the Company were so subjectdocuments. The Company shall also in any event (x) within Within 15 days of the required filing date of each Required Filing Date such document, the Company will (i) if deliver a copy of such document to the Company is not then subject to Section 13 or 15(dTrustee and (ii) transmit a copy of the Exchange Act, transmit such document (exclusive of exhibits) by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of . If the Company is not required to file annual reports and quarterly reports and other documents with the Commission pursuant to Section 13 or 15(d) of the Exchange Act, the Company will, on or prior to the date that is 15 days following the date by which the Company would have been required to file each such document with the Commission if it were so required, (i) deliver to the Trustee a document containing substantially the same kind of information as the Company would have been required to include in such document if it were so required and (ii) transmit a copy of the document delivered to the Trustee (exclusive of exhibits) by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders; provided that, if Securities of a series are guaranteed by an entity that (i) is the holder, directly or indirectly, of all of the outstanding capital stock of the Company, and (ii) is required to file annual and quarterly reports and other documents with the Commission pursuant to Section 13 or 15(d) of the Exchange Act, the delivery to the Trustee and transmittal by mail to all Holders of the annual and quarterly reports and other documents filed by such entity with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if within the Company were subject time periods set forth herein shall be deemed to satisfy the Company's obligations to provide financial information under this Indenture with respect to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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)Securities.

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Exchange Act, the Company shallwill, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) (the “Financial Statements”) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall and the Guarantor will, for so long as any of the Initial Notes are outstanding, furnish to Holders of the Initial Notes and to security analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) of the Securities Act. The Company will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, Holders copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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).

Provision of Financial Information. (a) Whether or not required by the Company is subject to Section 13 or 15(d) of the Exchange ActCommission, so long as any Notes are outstanding, the Company shall, will furnish to the extent permitted under the Exchange ActHolders of Notes or file or furnish, file as applicable, electronically with the Commission through the Commission's Electronic Data Gathering, Analysis and Retrieval System (or any successor system), or, if the Commission will not accept such a filing, otherwise make publicly available, within the time periods specified in the Commission's rules and regulations, after giving effect to all applicable extensions and cure periods: (1) all quarterly and annual reports, quarterly reports and other documents which the Company financial information that would have been be required to file be contained in a filing with the Commission pursuant to such Section 13 or 15(d) on Forms 10-Q and 10-K if the Company were so subjectrequired to file such Forms, such documents including a "Management's Discussion and Analysis of Financial Condition and Results of Operations" and, with respect to the annual information only, a report on the annual financial statements by the Company's certified independent accountants; and (2) all current reports that would be required to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents Form 8-K if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) required to file such reports; provided, however, that if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file reports with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if (i.e., is a "voluntary filer"), the Company were subject reports described in clauses (1) and (2) of Section 4.03(a) hereof shall not be required to contain (i) any information that a voluntary filer would not be required to include in such Sectionsreports, or that would not be otherwise applicable to a voluntary filer, under the Commission's rules and regulations and (ii) file with certain other disclosures relating to the Trustee copies Company's controls and procedures, corporate governance, code of annual reportsethics, quarterly reports director independence, market for the Company's equity securities and other documents which executive compensation. (b) In addition, whether or not required by the Commission, so long as any Notes are outstanding, the Company would have been required will file or furnish, as applicable, a copy of all of the information and reports referred to file in clauses (1) and (2) of Section 4.03(a) hereof, subject to the above-referenced exceptions, with the Commission for public availability within the time periods specified in the Commission's rules and regulations, after giving effect to all applicable extensions and cure periods (unless the Commission will not accept such a filing) or otherwise make such information publicly available to prospective investors. In addition, for so long as any Notes remain outstanding, the Company and the Guarantors will furnish to the Holders and to prospective investors, upon their request, the information, if any, required to be delivered pursuant to Section 13 Rule 144A(d)(4) under the Securities Act. The Company will be deemed to have made the reports or 15(dinformation referred to in clauses (1) and (2) of Section 4.03(a) hereof publicly available, subject to the Exchange Act above-referenced exceptions, if the Company were subject to has posted such Sections and (y) if filing such documents by reports or information on the Company website with access to current and prospective investors. For purposes of this covenant, the Commission is not permitted under term "Company website" means the Exchange Act, promptly upon written request and payment collection of web pages that may be accessed on the reasonable cost of duplication and delivery, supply copies of World Wide Web using the URL address xxxx://xxx.xxxxxxxxxxxx.xxx or such documents other address as the Company may from time to any prospective Holdertime designate in writing to the Trustee. Delivery of such reports, information and documents to the Trustee is for informational purposes only 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).

Provision of Financial Information. Whether or For so long as the Notes are outstanding, if at any time the Guarantor is not the Company is subject to Section 13 or 15(d) the periodic reporting requirements of the Exchange ActAct for any reason, the Company shallwill, at the Company’s option, either (i) post on a publicly available website, (ii) post on IntraLinks or any comparable password protected online data system requiring user identification and a confidentiality acknowledgement (a “Confidential Datasite”), or (iii) deliver to the extent permitted under Trustee and the Exchange ActHolders of the Notes within 15 days of the filing date that would be applicable to a non-accelerated filer at that time pursuant to applicable SEC rules and regulations, file with the Commission the quarterly and audited annual reports, quarterly reports financial statements and other documents which the Company accompanying “Management’s Discussion and Analysis of Financial Condition and Results of Operations” that would have been required to file with be contained in annual reports on Form 10-K and quarterly reports on Form 10-Q, respectively, had the Commission pursuant Company been subject to such Section 13 Exchange Act reporting requirements. The Trustee shall have no obligation to determine whether or 15(d) if not such reports, information, statements or documents have been filed, posted or delivered. Delivery of such reports, information, statements and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of the Company’s covenants under the Indenture, as to which the Trustee is entitled to rely exclusively on an Officer’s Certificate. If the Company were so subjectelects to furnish such reports via a Confidential Datasite, such access to the Confidential Datasite will be provided upon request to Holders, beneficial owners of and bona fide potential investors in the Notes. Reports, information and documents to be filed with the Commission on or prior SEC via the XXXXX system will be deemed to be delivered to the respective dates (Trustee as of the “Required Filing Dates”) by which time of such filing via XXXXX for purposes of this covenant; provided, however, that the Company would Trustee shall have no obligation whatsoever to determine whether or not such information, documents or reports have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holderfiled via XXXXX. 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 CompanyGuarantor’s compliance with any of its covenants hereunder relating to the Notes (as to which the Trustee is entitled to rely exclusively on Officers’ Certificatesan Officer’s Certificate).

Provision of Financial Information. (a) Whether or not required by the Company is subject to Section 13 or 15(d) of the Exchange ActCommission, so long as any Notes are outstanding, the Company shall, will furnish to the extent permitted under the Exchange ActHolders of Notes or file or furnish, file as applicable, electronically with the Commission through the Commission's Electronic Data Gathering, Analysis and Retrieval System (or any successor system), or, if the Commission will not accept such a filing, otherwise make publicly available, within the time periods specified in the Commission's rules and regulations, after giving effect to all applicable extensions and cure periods: (1) all quarterly and annual reports, quarterly reports and other documents which the Company financial information that would have been be required to file be contained in a filing with the Commission pursuant to such Section 13 or 15(d) on Forms 10-Q and 10-K if the Company were so subjectrequired to file such Forms, such documents including a "Management's Discussion and Analysis of Financial Condition and Results of Operations" and, with respect to the annual information only, a report on the annual financial statements by the Company's certified independent accountants; and (2) all current reports that would be required to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents Form 8-K if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) required to file such reports; provided, however, that if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file reports with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if (i.e., is a "voluntary filer"), the Company were subject reports described in clauses (1) and (2) of this Section 4.03(a) shall not be required to contain (i) any information that a voluntary filer would not be required to include in such Sectionsreports, or that would not be otherwise applicable to a voluntary filer, under the Commission's rules and regulations and (ii) file with any information, certificates or reports required pursuant to Sections 302, 404 and 906 of the Trustee copies Xxxxxxxx-Xxxxx Act of annual reports2002, quarterly reports as amended, or Items 307, 308, 402, 406 and other documents which 407 of Regulation S-K. (b) In addition, whether or not required by the Commission, so long as any Notes are outstanding, the Company would have been required will file or furnish, as applicable, a copy of all of the information and reports referred to file in clauses (1) and (2) of Section 4.03(a) hereof, subject to the above-referenced exceptions, with the Commission for public availability within the time periods specified in the Commission's rules and regulations, after giving effect to all applicable extensions and cure periods (unless the Commission will not accept such a filing) or otherwise make such information publicly available to prospective investors. In addition, for so long as any Notes remain outstanding, the Company and the Guarantors will furnish to the Holders and to prospective investors, upon their request, the information, if any, required to be delivered pursuant to Section 13 Rule 144A(d)(4) under the Securities Act. The Company will be deemed to have made the reports or 15(dinformation referred to in clauses (1) and (2) of Section 4.03(a) hereof publicly available, subject to the Exchange Act above-referenced exceptions, if the Company were subject to has posted such Sections and (y) if filing such documents by reports or information on the Company website with access to current and prospective investors. For purposes of this covenant, the Commission is not permitted under term "Company website" means the Exchange Act, promptly upon written request and payment collection of web pages that may be accessed on the reasonable cost of duplication and delivery, supply copies of World Wide Web using the URL address xxxx://xxx.xxxxxxxxxxxx.xxx or such documents other address as the Company may from time to any prospective Holdertime designate in writing to the Trustee. Delivery of such reports, information and documents to the Trustee is for informational purposes only 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).

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Exchange ActSo long as any Notes are outstanding, the Company shall, will furnish to the extent permitted under Trustee and the Exchange Act, file with Holders of the Commission the Notes: (a) all annual reports, and quarterly reports and other documents which containing substantially all the Company information that would have been be required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission SEC on or prior Forms 10-K (including Items 1 through 3, Items 6 through 9 and Item 13 thereof) and 10-Q (including Part I and Items 1, 1A, 3, 5 and 6 of Part II thereof), solely with respect to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents first three fiscal quarters of each fiscal year), if the Company were so subject. The Company shall also in any event required to file such forms and (xb) with respect to the annual reports only, a report on the annual financial statements by the Company’s independent registered public accounting firm; and (2) within 15 days the time period specified for filing current reports on Form 8-K by the SEC, current reports that would be required to be filed with the SEC pursuant to Items 1, 2, 4, 5.01, 5.02 (other than compensation information) and 5.03, 7 and 9 of each Required Filing Date (i) Form 8-K if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have had been required to file with Current Reports on Form 8-K. All such annual reports will be furnished within 105 days after the Commission pursuant to Section 13 or 15(d) end of the Exchange Act if the Company were subject fiscal year to such Sectionswhich they relate, and (ii) file with the Trustee copies of annual reports, all such quarterly reports and other documents which will be furnished within 60 days after the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) end of the Exchange Act fiscal quarter to which they relate. The Trustee shall have no responsibility whatsoever to determine if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holderor posting has occurred. Delivery of such reports, information the reports and documents described above to the Trustee 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 Company’s compliance with any of its covenants hereunder contained in the Indenture (as to which the Trustee is entitled to conclusively rely exclusively on an Officers’ CertificatesCertificate). All such reports will be prepared in all material respects in accordance with the information requirements applicable to such report; provided, however, (a) in no event will such reports be required to comply with Section 302, Section 404 or Section 906 of the Xxxxxxxx-Xxxxx Act of 2002, or related Items 307, 308 and 308T of Regulation S-K; (b) in no event will such reports be required to comply with Rule 3-10 of Regulation S-X promulgated by the SEC or contain separate financial statements for the Company, the Guarantors or other Subsidiaries the shares of which may be pledged to secure the Notes or any Guarantee that would be required under (i) Section 3-09 of Regulation S-X or (ii) Section 3-16 of Regulation S-X, respectively, promulgated by the SEC; (c) in no event with such reports be required to comply with Items 402 (except that such reports will be required to present executive compensation and beneficial ownership information only to the extent that and in the same general style of presentation as such information is included in and presented in a customary Rule 144A offering memorandum for a company not subject to Section 13 or 15(d) of the Exchange Act) of Regulation S-K promulgated by the SEC; (d) in no event shall such reports be required to include any exhibits that would have been required to be filed pursuant to Item 601 of Regulation S-K (other than agreements evidencing material Indebtedness, agreements evidencing material acquisitions or dispositions, or historical and pro forma financial statements); and (e) in no event will such reports be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K promulgated by the SEC with respect to any non-GAAP financial measures contained therein. The Company will deliver to the Trustee such information and such reports as required under this Indenture, and make available to any Holder of Notes and, upon request, to any beneficial owner of the Notes, in each case by posting such information on its website, on Intralinks or any comparable password-protected online data system that will require a confidentiality acknowledgment, and will make such information readily available to any Holder of Notes, any bona fide prospective investor in the Notes (which prospective investors will be limited to “qualified institutional buyers” within the meaning of Rule 144A of the Securities Act that certify their status as such to the reasonable satisfaction of the Company), any bona fide securities analyst (to the extent providing analysis of investment in the Notes to investors and prospective investors therein) or any bona fide market maker in the Notes who agrees to treat such information as confidential or accesses such information on Intralinks or any comparable password-protected online data system that will require a confidentiality acknowledgment; provided, the Company will post such information thereon and make readily available any password or other login information to any such holder of Notes, prospective investor, securities analyst or market maker. Notwithstanding the foregoing, the Company will be deemed to have furnished such reports referred to above to the Trustee and the holders of the Notes if it has filed (or, in the case of a Form 8-K, furnished) such reports with the SEC via the XXXXX filing system and such reports are publicly available. The Company shall participate in quarterly conference calls (which may be a single conference call together with investors holding other securities or loans of the Company and/or its Restricted Subsidiaries) to discuss operating results and related matters. The Company shall issue a press release which will provide the date and time of any such call and will direct Holders of the Notes, prospective investors and securities analysts to contact the investor relations office of the Company to obtain access to the conference call. The Company shall be permitted to satisfy its obligations under this Section 4.03 with respect to financial information relating to the Company by furnishing financial information relating to any Holding Company instead of the Company and causing such Holding Company to file such information with the SEC, to the extent that the SEC is accepting such filing, or to furnish such information pursuant to the third paragraph of this Section 4.03 and to conduct such quarterly conference calls; provided that to the extent financial information related to such Holding Company is provided, such information shall include additional disclosure explaining in reasonable detail the differences between the information of such Holding Company, on the one hand, and the information relating to the Company and its Subsidiaries on a stand-alone basis, on the other hand.

Provision of Financial Information. Whether So long as the Notes are outstanding, whether or not the Company is required to be subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission the annual reports, quarterly reports and other documents (including a "Management's Discussion and Analysis of Financial Condition and Results of Operations" and, with respect to the annual information only, a report thereon by the Company's certified independent accountants) which the Company would have been required to file with the Commission pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subjectrequired, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subjectrequired. The Company shall also in any event (xa) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee Trustee, in each case, copies of the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 13(a) or 15(d) of the Exchange Act or any successor provisions thereto if the Company were required to be subject to such Sections and (yb) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery of such reportsIn addition, the Company shall, for so long as any Securities remain outstanding, furnish to all Holders and to securities analysts and prospective investors, upon their request, the information and documents required to be delivered pursuant to Rule 144(d)(4) under 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)Securities Act.

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Securities Exchange ActAct of 1934, for so long as any Debt Securities are Outstanding, the Company shallwill, to the extent permitted under the Securities Exchange ActAct of 1934, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been so required so to file such documents if the Company were so subjectdocuments. The Company shall will also in any event (x) within 15 days of after each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 if the Company were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Securities Exchange ActAct of 1934, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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).

Provision of Financial Information. Whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission SEC (if permitted by SEC practice and applicable law and regulations) the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subject, such documents to be filed with the Commission SEC on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (xa) within 15 days of each Required Filing Date (whether or not permitted or required to be filed with the SEC) (i) if the Company is not then subject transmit (or cause to Section 13 or 15(dbe transmitted) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such SectionsHolders upon their request, and (ii) file with the Trustee Trustee, copies of the annual reports, quarterly reports and other documents proxy statements which the Company would have been is required to file with the Commission SEC pursuant to Section 13 or 15(d) the preceding sentence, or, if such filing is not so permitted, information and data of the Exchange Act if the Company were subject to such Sections a similar nature, and (yb) if if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission SEC is not permitted under the Exchange Actby SEC practice or applicable law or regulations, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery of such reportsIn addition, information for so long as any Securities remain outstanding and documents prior to the Trustee is for informational purposes only later of the consummation of the Exchange Offer and the Trustee’s receipt filing of such shall not constitute constructive notice of any the Initial Shelf Registration Statement, if required, the Company will furnish to the Holders, upon their request, the information contained therein or determinable from information contained therein, including required to be delivered pursuant to Rule 144A(d)(4) under the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)Securities Act.

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Exchange Act, the Company shallwill, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) (the "Financial Statements") if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall and the Guarantor will, for so long as any of the Initial Notes are outstanding, furnish to Holders of the Initial Notes and to security analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) of the Securities Act. The Company will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, Holders copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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).

Provision of Financial Information. (a) Whether or not the Company is then subject to Section 13 13(a) or 15(d) of the Exchange Act, the Company shall, will furnish to the extent permitted under Trustee and the Exchange ActHolders, file with so long as the Commission Securities are outstanding, within the time periods specified in the SEC’s rules and regulations (including Rule 12b-25): (1) all quarterly and annual reports, quarterly reports and other documents which the Company that would have been be required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission SEC on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents Forms 10-Q and 10-K if the Company were so subject. The Company shall also in any event required to file such reports, including a management discussion and analysis of financial condition and results of operations and, with respect to the annual information only, a report on the Company’s annual consolidated financial statements by the Company’s certified independent accountants; and (x2) within 15 days of each Required Filing Date (i) all current reports that would be required to be filed with the SEC on Form 8-K if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been were required to file such reports. (b) In addition, whether or not required by the rules and regulations of the SEC, the Company will electronically file or furnish, as the case may be, a copy of all such information and reports with the Commission pursuant SEC for public availability within the time periods specified above (unless the SEC will not accept such a filing). Notwithstanding the foregoing, the Company will be deemed to have furnished such reports referred to in Subclause (a) of this Section 13 10.10 to the Trustee and Holders if the Company has filed such reports with the SEC via the EXXXX filing system (or 15(dany successor system) and such reports are publicly available. (c) If, at any time, the Company is no longer subject to the periodic reporting requirements of the Exchange Act for any reason, the Company will nevertheless continue filing the reports specified in Section 10.10(a) with the SEC within the time periods specified above unless the SEC will not accept such a filing. The Company will not take any action for the purpose of causing the SEC not to accept any such filings. If, notwithstanding the foregoing, the SEC will not accept the Company’s filings for any reason, the Company will post the reports specified in Section 10.10(a) on its website within the time periods that would apply if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file those reports with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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)SEC.

Provision of Financial Information. Whether or not the Company is subject to Section 13 or Section 15(d) of the Exchange Act, the Company shallwill, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which that the Company would have been required to file with the Commission pursuant to such Section 13 or Section 15(d) of the Exchange Act (the "Financial Statements") if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which that the Company would have been required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which that the Company would have been required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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).

Provision of Financial Information. Whether or not the Company Issuer is subject to Section 13 or 15(d) of the Exchange Act, during any time that any Notes remain outstanding, the Company shallIssuer will, to the extent permitted under the Exchange Act, file with the Commission SEC the annual reports, quarterly reports and other documents which the Company Issuer would have been required to file with the Commission SEC pursuant to such Section 13 or 15(d) if the Company Issuer were so subjectsubject (the “Financial Information”), such documents to be filed with the Commission SEC on or prior to the respective dates (the “Required Filing Dates”) by which the Company Issuer would have been required so to file such documents if the Company Issuer were so subject; provided, however, that notwithstanding the foregoing, during any period in which the Issuer is not subject to the reporting requirements of Sections 13 or 15(d) of the Exchange Act, the REIT may elect to satisfy the Issuer’s obligations under this section by filing with the SEC the Financial Information required to be filed by the REIT under Sections 13 or 15(d) of the Exchange Act. The Company shall Issuer also will in any event (xunless available on the Commission’s Electronic Data Gathering, Analysis and Retrieval System (or successor system)) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, Financial Information; and (ii) file with the Trustee copies of annual reportsthe Financial Information. If the filing of the Financial Information by the Issuer or the REIT, quarterly reports and other documents which the Company would have been required to file as applicable, with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission SEC is not permitted under the Exchange Act, the Issuer will promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents the Financial Information to any prospective Holder. Delivery of any 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). The Trustee shall have no liability or responsibility for the filing, content or timeliness of any report delivered hereunder (aside from the report required under Section 7.06 hereunder).

Provision of Financial Information. (a) Whether or not required by the Company is subject to Section 13 or 15(d) of the Exchange ActCommission, so long as any Notes are outstanding, the Company shall, will furnish to the extent permitted under the Exchange ActHolders of Notes or file or furnish, file as applicable, electronically with the Commission through the Commission’s Electronic Data Gathering, Analysis and Retrieval System (or any successor system), or, if the Commission will not accept such a filing, otherwise make publicly available, within the time periods specified in the Commission’s rules and regulations, after giving effect to all applicable extensions and cure periods: (1) all quarterly and annual reports, quarterly reports and other documents which the Company financial information that would have been be required to file be contained in a filing with the Commission pursuant to such Section 13 or 15(d) on Forms 10-Q and 10-K if the Company were so subjectrequired to file such Forms, such documents including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, a report on the annual financial statements by the Company’s certified independent accountants; and (2) all current reports that would be required to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents Form 8-K if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) required to file such reports; provided, however, that if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file reports with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if (i.e., is a “voluntary filer”), the Company were subject reports described in clauses (1) and (2) of this Section 4.03(a) shall not be required to contain (i) any information that a voluntary filer would not be required to include in such Sectionsreports, or that would not be otherwise applicable to a voluntary filer, under the Commission’s rules and regulations and (ii) file with any information, certificates or reports required pursuant to Sections 302, 404 and 906 of the Trustee copies Xxxxxxxx-Xxxxx Act of annual reports2002, quarterly reports as amended, or Items 307, 308, 402, 406 and other documents which 407 of Regulation S-K. (b) In addition, whether or not required by the Commission, so long as any Notes are outstanding, the Company would have been required will file or furnish, as applicable, a copy of all of the information and reports referred to file in clauses (1) and (2) of Section 4.03(a) hereof, subject to the above-referenced exceptions, with the Commission for public availability within the time periods specified in the Commission’s rules and regulations, after giving effect to all applicable extensions and cure periods (unless the Commission will not accept such a filing) or otherwise make such information publicly available to prospective investors. In addition, for so long as any Notes remain outstanding, the Company and the Guarantors will furnish to the Holders and to prospective investors, upon their request, the information, if any, required to be delivered pursuant to Section 13 Rule 144A(d)(4) under the Securities Act. The Company will be deemed to have made the reports or 15(dinformation referred to in clauses (1) and (2) of Section 4.03(a) hereof publicly available, subject to the Exchange Act above-referenced exceptions, if the Company were subject to has posted such Sections and (y) if filing such documents by reports or information on the Company website with access to current and prospective investors. For purposes of this covenant, the Commission is term “Company website” means the collection of web pages that may be accessed on the World Wide Web using the URL address xxxx://xxx.xxxxxxxxxxxx.xxx or such other address as the Company may from time to time designate in writing to the Trustee. The Trustee shall have no obligation to determine whether or not permitted under the Exchange Act, promptly upon written request such reports and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holderinformation have been filed or posted. Delivery of such reports, information and documents to the Trustee 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. In addition to the covenants set forth in Article TEN of the Base Indenture, there are established pursuant to Section 901(2) of the Base Indenture the following covenants for the benefit of the Holders of Securities issued on or after the date of this Supplemental Indenture (which additional covenants shall replace and apply in lieu of the covenants set forth in Section 2.2 of the Second Supplemental Indenture), unless otherwise provided in the Officers’ Certificate or supplemental indenture authorizing any series of such Securities; provided, however, that the covenants set forth in Section 1009 of the Base Indenture (as not amended by the Second Supplemental Indenture or this Supplemental Indenture) shall apply to Securities issued on or after the date hereof only for so long as any Securities issued pursuant to the Base Indenture prior to November 2, 2005 remain outstanding: Whether or not the Company is subject to Section 13 or 15(d) of the Exchange Act, the Company shallwill, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) (the “Financial Statements”) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail or electronic transmittal to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company is required to file or would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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).

Provision of Financial Information. Whether or not the Company Issuer is subject to the reporting requirements of Section 13 or Section 15(d) of the Exchange Act, the Company shall, to the extent permitted under not prohibited by the Exchange Act, the Issuer will file with the Commission SEC, and make available to the Trustee and the Holders of the Securities without cost to any Holder, the annual reports, quarterly reports and the information, documents and other documents which reports (or copies of such portions of any of the Company would have been required to file with foregoing as the Commission pursuant to such Section SEC may by rules and regulations prescribe) that are specified in Sections 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or and 15(d) of the Exchange Act and applicable to a U.S. corporation within the time periods specified therein with respect to a non-accelerated filer. In the event that the Issuer is not permitted to file such reports, documents and information with the SEC pursuant to the Exchange Act, transmit by mail the Issuer will nevertheless make available such Exchange Act information to all Holders, as their names the Trustee and addresses appear in the Security Register, Holders of the Securities without cost to such Holders, copies any Holder as if the Issuer were subject to the reporting requirements of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if within the Company were subject time periods specified therein with respect to such Sections, and (ii) file with a non-accelerated filer. If the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Issuer has designated any of its covenants hereunder (Subsidiaries as Unrestricted Subsidiaries, then the financial information required will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto, and in any accompanying Management’s Discussion and Analysis of Financial Condition and Results of Operations, of the financial condition and results of operations of the Issuer and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries. The availability of the foregoing materials on the SEC’s website or on the Issuer’s website shall be deemed to which satisfy the Trustee is entitled foregoing delivery obligations. For so long as any Securities remain outstanding and constitute “restricted securities” under Rule 144, the Issuer will furnish to rely exclusively on Officers’ Certificates)the holders of the Securities, and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act.

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Exchange Act, the Company shallwill, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, Holders copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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).

Provision of Financial Information. Whether or not the Company Guarantor is subject to Section 13 or 15(d) of the Exchange Act, the Company shall, to the extent permitted under the Exchange Act, file with the Commission Guarantor will prepare the annual reports, quarterly reports and other documents within 15 days of each of the respective dates by which the Company Guarantor would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date and will (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail provide to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, Holders copies of the annual reports, quarterly reports and quarterly reports other documents which the Company Guarantor would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Guarantor were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company Guarantor would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Guarantor were subject to such Sections Sections, and (yiii) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. For purposes of this Section 1109, any information, documents and other reports filed or furnished on EXXXX or such other system of the Commission or the website of the Guarantor will be deemed to be furnished to the Holders and the Trustee once such information, documents and other reports are so filed on EXXXX or the Commission’s website or the website of the Guarantor. 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 actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the CompanyGuarantor’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. Whether or not the Company it is subject to Section 13 or 15(d) of the Exchange Act, the Company shallCorporation will, to the extent permitted under the Exchange Act, file with the Securities and Exchange Commission (the “SEC”) the annual reports, quarterly reports and other documents which that the Company Corporation would have been required to file with the Commission SEC pursuant to such Section 13 or 15(d) if the Company it were so subject, such documents to be filed with the Commission SEC on or prior to the respective dates (the “Required Filing Dates”) by which the Company Corporation would have been required so to file such documents if the Company it were so subject. The Company shall Corporation will also in any event (x1) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail or electronic transmittal to all Holdersholders, as their names and addresses appear in the Security Registersecurity register, without cost to such Holdersholders, copies of the annual reports, quarterly reports and quarterly reports which other documents that the Company Corporation is required to file or would have been required to file with the Commission SEC pursuant to Section 13 or 15(d) of the Exchange Act if the Company it were subject to such Sectionssections, provided that the foregoing transmittal requirement will be deemed satisfied if the foregoing reports and documents are available on the SEC’s XXXXX system or on the Corporation’s website within the applicable time period specified above, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y2) if filing such documents by the Company with the Commission SEC is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holderholder. Delivery SECOND: The Series A Preferred Stock has been classified and designated by the Board of such reportsDirectors, information or a duly authorized committee thereof, under the authority contained in the Charter and documents to Sections 2-105 and 2-208 of the Trustee is for informational purposes only MGCL. THIRD: These Articles Supplementary have been approved by the Board of Directors, or a duly authorized committee thereof, in the manner and by the Trustee’s receipt of such vote required by law. FOURTH: These Articles Supplementary shall not constitute constructive notice of any information contained therein or determinable from information contained thereinbe effective at [ ] [a][p].m., including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively Eastern Time, on Officers’ Certificates)[ ], 202[ ].

Provision of Financial Information. Whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission SEC (if permitted by SEC practice and applicable law and regulations) the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subjectrequired, such documents to be filed with the Commission SEC on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subjectrequired; provided, however, that until the Company is subject to Section 13(a) or Section 15(d) of the Exchange Act or any successor provisions thereto, the Required Filing Dates for such quarterly reports shall be 75 days following the end of the applicable fiscal quarter. The Company shall also in any event (xa) within 15 days of each Required Filing Date (whether or not permitted or required to be filed with the SEC but subject to the proviso in the previous sentence) (i) if the Company is not then subject transmit (or cause to Section 13 or 15(dbe transmitted) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security RegisterNote register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been is required to file with the Commission SEC pursuant to Section 13 or 15(d) the preceding sentence, or, if such filing is not so permitted, information and data of the Exchange Act if the Company were subject to such Sections a similar nature, and (yb) if if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission SEC is not permitted under the Exchange Actby SEC practice or applicable law or regulations, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery In addition, for so long as any Securities remain outstanding, the Company will furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, and, to any beneficial holder of such reportsSecurities, if not obtainable from the SEC, information and documents of 40 -34- the type that would be filed with the SEC pursuant to the Trustee is for informational purposes only and foregoing provisions, upon the Trustee’s receipt of such shall not constitute constructive notice request 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)such holder.

Provision of Financial Information. (a) Whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, shall provide to the extent permitted under the Exchange Act, file with the Commission Trustee and Holders the annual reports, quarterly reports and other documents reports which the Company would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) ), or any successor provision thereto if the Company were so subjectrequired, such documents to be filed with provided to the Commission Trustee and Holders on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents with the SEC if the Company were so subject. The Company required; provided that any such reports and documents filed with the SEC pursuant to its Electronic Data Gathering, Analysis and Retrieval system (“XXXXX”) (or any successor system) or made publicly available on the Company’s website shall also in be deemed to have been delivered to the Trustee and the Holders of Notes for purposes of the foregoing requirements. (b) So long as any event (x) within 15 days of each Required Filing Date (i) the Notes remain outstanding, if at any time the Company is not then subject to Section 13 13(a) or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents Company will make available to any prospective Holderpurchaser of Notes or beneficial owner of Notes, upon their request, the information required by Rule 144A(d)(4) under the Securities Act, until such time as the Holders of the Notes, other than Holders that are Affiliates of the Company, are able to sell all such Notes immediately without restriction pursuant to the provisions of Rule 144 under the Securities Act, or any successor provision thereto. (c) The Company may satisfy its obligations under this Section 4.3 with respect to financial information relating to the Company by furnishing financial information relating to any Parent Company; provided that if and so long as such Parent Company has Independent Assets or Operations, the same is accompanied by consolidating information (which need not be audited) that explains in reasonable detail the differences between the information relating to such Parent Company, on the one hand, and the information relating to the Company and its Restricted Subsidiaries on a stand-alone basis, on the other hand. The Company will be deemed to have furnished the reports referred to in this Section 4.3 if the Company or any Parent Company has filed the corresponding reports containing such information relating to the Company or such Parent Company with the SEC via the XXXXX filing system (or any successor system). (d) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this covenant shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such financial statement or report is so furnished). (e) Delivery of such reports, information reports and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute actual or constructive knowledge or notice of any information contained therein or determinable from information contained therein, including the Company’s or any Subsidiary Guarantor’s, as the case may be, compliance with any of its covenants hereunder under this Indenture (as to which the Trustee is entitled to rely exclusively on Officers’ CertificatesCertificates of the Company). The Trustee shall have no obligation or responsibility to determine whether the Company is required to file any reports or other information with the SEC, whether the Company’s information is available on XXXXX (or any successor system) or the Company’s website or whether the Company has otherwise delivered any notice or report in accordance with the requirements specified in this Section 4.3.

Provision of Financial Information. Whether or not the Company Guarantor is subject to Section 13 or 15(d) of the Exchange Act, the Company shallGuarantor will, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company Guarantor would have been required to file with the Commission pursuant to such Section 13 or 15(d) (the “Financial Statements”) if the Company Guarantor were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company Guarantor would have been required so to file such documents if the Company Guarantor were so subject. The Company shall Guarantor will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company Guarantor would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Guarantor were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company Guarantor would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Guarantor were subject to such Sections Sections, and (y) if filing such documents by the Company Guarantor with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. For purposes of this Section 1110, any information, documents and other reports filed or furnished on EXXXX or such other system of the Commission or the website of the Guarantor will be deemed to be furnished to the Holders and the Trustee once such information, documents and other reports are so filed on EXXXX or the Commission’s website or the website of the Guarantor. 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 actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the CompanyGuarantor’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. Whether (a) The Company shall furnish to the Trustee and, upon request, to beneficial owners and prospective investors of the Notes, a copy of all of the information and reports referred to in clauses (1) and (2) below within 15 days after the time periods specified in the SEC’s rules and regulations (assuming the Notes were registered under Section 13(a) or not the Company is subject to Section 13 or 15(d) of the Exchange Act, the Company shall, ): (1) all quarterly and annual financial information that would be required to the extent permitted under the Exchange Act, file be contained in a filing with the Commission the annual reports, quarterly reports SEC on Forms 10-Q and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) 10-K if the Company were so subjectrequired to file such Forms, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, a report on the annual financial statements by the Company’s certified independent accountants; provided that, prior to the Exchange Offer, financial statements may omit the footnote disclosures omitted from the financial statements included in the Offering Memorandum for periods in such documents fiscal years; and (2) all current reports that would be required to be filed with the Commission SEC on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents Form 8-K if the Company were so subjectrequired to file such reports; provided that if the Company files such reports electronically with the SEC within such time periods, the Company shall not be required to furnish such reports as specified above. The Trustee shall have no responsibility whatsoever to determine if such electronic filing has occurred. (b) After consummation of the Exchange Offer, whether or not required by the SEC, the Company shall also comply with the periodic reporting requirements of the Exchange Act and shall file the reports specified in Section 4.13(a) with the SEC within the time periods specified in Section 4.13(a) unless the SEC will not accept such a filing. If, notwithstanding the foregoing, the SEC will not accept the Company’s filings for any event reason, the Company shall post the reports referred to in Section 4.13(a) on its website within the time periods that would apply if the Company were required to file those reports with the SEC. (xc) For so long as any Notes are outstanding, the Company shall also: (1) within 15 days Business Days after filing with the Trustee or the SEC, as the case may be, the annual and quarterly information required pursuant to the preceding two paragraphs, hold a conference call for Holders of each Required Filing Date Notes, prospective investors and market makers (i) if it being understood that prior to completion of the Exchange Offer, the Company is not then subject may limit participants to the extent it determines in good faith such limitations are prudent to ensure compliance with the Securities Act and other applicable securities laws) to discuss such reports and the results of operations for the relevant reporting period; and (2) employ commercially reasonable means expected to reach Persons entitled to participate in such conference calls in accordance with the foregoing paragraph no fewer than three Business Days prior to the date of the conference call required to be held in accordance with clause (1) above, to announce the time and date of such conference call and either including all information necessary to access the call or directing such Persons to contact the appropriate contact at the Company to obtain such information. (d) Notwithstanding the foregoing, so long as the direct or indirect parent company becomes a Guarantor, the reports, information and other documents required to be filed and provided in accordance with clauses (a) and (b) above will be those of such parent, rather than those of the Company, so long as such filings would satisfy the SEC’s requirements (assuming the Notes were registered under Section 13 (13)(a) or Section 15(d) of the Exchange Act). (e) In addition, transmit by mail to all Holders, so long as their names and addresses appear in the Security Register, without cost to such Holders, copies any of the annual reports and quarterly reports which Notes remain outstanding, the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents Issuers will make available to any prospective Holder. Delivery purchaser of Notes or beneficial owner of Notes in connection with any sale thereof the information required by Rule 144A(d)(4) under the Securities Act, until such time as the Issuers have either exchanged the Notes for securities identical in all material respects which have been registered under the Securities Act or until such time as the Holders thereof have disposed of such reports, information and documents Notes pursuant to an effective registration statement under 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)Securities Act.

Provision of Financial Information. Whether or not For so long as any Securities are outstanding, if the Company is subject to Section 13 13(a) or 15(d) of the Exchange ActAct or any successor provision, the Company shall, shall deliver to the extent permitted under Trustee and the Exchange Act, file with the Commission Holders the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company it is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 13(a) or 15(d) or any successor provision, within 15 days after the date that it files the same with the Commission. If neither the Company is subject to Section 13(a) or 15(d) of the Exchange Act or any successor provision, and for so long as any Securities are outstanding, the Company shall deliver to the Trustee and the Holders the quarterly and annual financial statements that would be required to be contained in annual reports on Form 10-K and quarterly reports on Form 10-Q required to be filed with the Commission if the Company were was subject to such Sections, and (iiSection 13(a) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if or any successor provision, within 15 days of the filing date that would be applicable to the Company were subject at that time pursuant to such Sections applicable Commission rules and (y) if filing such regulations. Reports and other documents filed by the Company with the Commission is not permitted under and publicly available via the Exchange Act, promptly upon written request XXXXX system or on the Company’s website will be deemed to be delivered to the Trustee and payment the Holders as of the reasonable cost time such filing is publicly available via XXXXX or on the Company’s website for purposes of duplication and deliverythis Section 1008; provided, supply copies of however, that the Trustee shall have no obligation whatsoever to determine whether or not such information, documents to any prospective Holderor reports have been filed or are publicly available via EDGAR or on the Company’s website. 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 or actual notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder under this Indenture (as to which the Trustee is entitled to rely exclusively on Officers’ Certificatesan Officer’s Certificate).

Provision of Financial Information. Whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission SEC (if permitted by SEC practice and applicable law and regulations) the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subject, such documents to be filed with the Commission SEC on or prior to the respective dates (the “Required Filing Dates”"REQUIRED FILING DATES") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (xa) within 15 days of each Required Filing Date (whether or not permitted or required to be filed with the SEC) (i) if the Company is not then subject transmit (or cause to Section 13 or 15(dbe transmitted) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been is required to file with the Commission SEC pursuant to Section 13 or 15(d) the preceding sentence, or, if such filing is not so permitted, information and data of the Exchange Act if the Company were subject to such Sections a similar nature, and (yb) if if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission SEC is not permitted under the Exchange Actby SEC practice or applicable law or regulations, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery In addition, for so long as any Securities remain outstanding and prior to the later of such reportsthe consummation of the Exchange Offer and the filing of the Initial Shelf Registration Statement, if required, the Company will furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, and, to any beneficial holder of Securities, if not obtainable from the SEC, information and documents of the type that would be filed with the SEC pursuant to the Trustee is for informational purposes only and foregoing provisions, upon the Trustee’s receipt of such shall not constitute constructive notice request 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)such Holder.

Provision of Financial Information. Whether or not required by the Company is subject to Section 13 or 15(d) of the Exchange ActCommission, so long as any Notes are outstanding, the Company shall, Issuer will furnish without cost to the extent permitted under Trustee and the Exchange ActHolders of Notes, or file electronically with the Commission through the Commission’s Electronic Data Gathering, Analysis and Retrieval System (or any successor system), within 15 days after the time periods specified in the Commission’s rules and regulations: (1) all quarterly and annual reports, quarterly reports including financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and other documents which 10-K if the Company would have been Issuer were required to file such Forms, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” (such reports, until consummation of the Spin-Off, to include a calculation of Consolidated EBITDA and related ratios substantially consistent with that set forth in the Commission pursuant Offering Memorandum) and, with respect to such Section 13 or 15(dthe annual information only, a report on the annual financial statements by the Issuer’s certified independent accountants; and (2) if the Company were so subject, such documents all current reports that would be required to be filed with the Commission on or prior to Form 8-K if the respective dates (the “Required Filing Dates”) by which the Company would have been Issuer were required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject reports; provided that prior to Section 13 or 15(d) registration of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file Notes or exchange notes with the Commission pursuant to Section 13 or 15(dthe Registration Rights Agreement such current reports shall be deemed provided if Carrols Restaurant Group, Inc. files a current report on Form 8-K with the Commission for public availability within the time periods specified in the Commission’s rules and regulations covering the applicable events. Notwithstanding the foregoing, (a) the Issuer may satisfy its obligations to deliver the information and reports referred to in clauses (1) and (2) above by filing the same with the Commission for public availability within the time periods specified in the Commission’s rules and regulations (unless the Commission will not accept such a filing) and make such information available to prospective investors (b) unless required by the rules and regulations of the Exchange Commission, no certifications or attestations concerning disclosure controls and procedures or internal controls, and no certifications, that would otherwise be required pursuant to the Xxxxxxxx-Xxxxx Act if the Company were of 2002 will be required at any time when it would not otherwise be subject to such Sections, statute and (iic) file nothing contained in this Indenture shall otherwise require the Issuer to comply with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) terms of the Exchange Xxxxxxxx-Xxxxx Act if the Company were of 2002 at any time when it would not otherwise be subject to such Sections statute. In addition, the Issuer and (ythe Guarantors have agreed that, for so long as any Notes remain outstanding, they will furnish to the Holders and to prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) if filing such documents by the Company with the Commission is not permitted under the Exchange Securities Act, promptly upon written request and payment of . If the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Issuer has designated any of its covenants hereunder (Subsidiaries as Unrestricted Subsidiaries, then, to which the Trustee is entitled to rely exclusively extent such Unrestricted Subsidiaries constitute in the aggregate in excess of either 5.0% of the Issuer’s Consolidated Net Tangible Assets or 5.0% of the Issuer’s consolidated revenues, the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, either on Officers’ Certificates)the face of the financial statements or in the footnotes thereto, and in “Management’s Discussion and Analysis of Financial Condition and Results of Operations,” of the financial condition and results of operations of the Issuer and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Issuer.

Provision of Financial Information. Whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission SEC (if permitted by SEC practice and applicable law and regulations) the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subject, such documents to be filed with the Commission SEC on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to ---------------------- file such documents if the Company were so subject. The Company shall also in any event (xa) within 15 days of each Required Filing Date (whether or not permitted or required to be filed with the SEC) (i) if the Company is not then subject transmit (or cause to Section 13 or 15(dbe transmitted) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Registerregister, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such SectionsHolders upon their request, and (ii) file with the Trustee Trustee, copies of the annual reports, quarterly reports and other documents proxy statements which the Company would have been is required to file with the Commission SEC pursuant to Section 13 or 15(d) the preceding sentence, or, if such filing is not so permitted, information and data of the Exchange Act if the Company were subject to such Sections a similar nature, and (yb) if if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission SEC is not permitted under the Exchange Actby SEC practice or applicable law or regulations, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. In addition, for so long as any Securities remain outstanding and prior to the later of the consummation of the Exchange Offer and the filing of the Shelf Registration Statement, if required, the Company will furnish to the Holders, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. 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).

Provision of Financial Information. Whether or not the Company Trust is subject to Section 13 or 15(d) of the Exchange Act, the Company shallTrust will, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company Trust would have been required to file with the Commission pursuant to such Section 13 or 15(d) (the "Financial Statements") if the Company Trust were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company Trust would have been required so to file such documents if the Company Trust were so subject. The Company shall Trust will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company Trust would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Trust were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company Trust would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Trust were subject to such Sections and (y) if filing such documents by the Company Trust with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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).

Provision of Financial Information. (a) Whether or not required by the Company is subject to Section 13 or 15(d) of the Exchange ActCommission, so long as any Notes are outstanding, the Company shall, will furnish to the extent permitted under Holders of Notes and the Exchange Act, file Trustee (including by posting on the Company’s website within one business day or filing electronically with the Commission through the Commission’s Electronic Data Gathering, Analysis and Retrieval System (or any successor system)), within the time periods specified in the Commission’s rules and regulations (including any grace periods or extensions permitted by the Commission): (1) all quarterly and annual reports, quarterly reports and other documents which the Company financial information that would have been be required to file be contained in a filing with the Commission pursuant to such Section 13 or 15(d) on Forms 10-Q and 10-K if the Company were so subjectrequired to file such Forms, such documents including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, a report on the annual financial statements by the Company’s certified independent accountants; and (2) all current reports that would be required to be filed (as opposed to furnished) with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents Form 8-K if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file such reports. (b) In addition, whether or not required by the Commission, the Company will file a copy of all of the information and reports referred to in clauses (1) and (2) of Section 4.03(a) hereof with the Commission for public availability within the time periods specified in the Commission’s rules and regulations, including any grace periods or extensions permitted by the Commission (unless the Commission will not accept such a filing), or otherwise make such information available to prospective investors. In addition, for so long as any Notes remain outstanding, the Company and the Guarantors will furnish to the Holders and to prospective investors, upon their request, the information, if any, required to be delivered pursuant to Section 13 Rule 144A(d)(4) under the Securities Act. (c) The Trustee shall have no obligation whatsoever to determine whether or 15(d) of the Exchange Act if the Company were subject to not such Sectionsinformation, and (ii) file with the Trustee copies of annual reports, quarterly documents or reports and other documents which the Company would have been required to file with the Commission filed pursuant to Section 13 the “XXXXX” system or 15(dits successor. (d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 an Officers’ CertificatesCertificate).

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Exchange Act, it will, within 15 days after each of the Company shall, respective dates by which it would have been required to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company it were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”1) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports reports, quarterly and quarterly reports other reports, financial statements and other documents which the Company it would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act Act, if the Company it were subject to such Sections, and (ii2) file with the Trustee copies of the annual reports, quarterly reports or other reports, financial statements and other documents which the Company it would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act Act, if the Company were it was subject to such Sections Sections, and (y3) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder; provided that, the foregoing requirements shall be deemed satisfied if the foregoing materials are available on the Commission’s XXXXX system or on the Company’s website within the applicable time period. Delivery The Trustee shall have no liability or responsibility for the filing, timeliness or content of any such reports, financial statements, documents or information filed by the Company and delivery of such reports, financial statements, documents or information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice of thereof or any information contained therein therein. Notwithstanding the foregoing, if at any time the Notes are guaranteed by any direct or determinable from information contained therein, including indirect parent company of the Company’s compliance , the Company may satisfy its obligations under this Section 10.10 with respect to financial information relating to the Company by furnishing financial information relating to such direct or indirect parent company; provided, however, that the same is accompanied by consolidating information that explains in reasonable detail the differences between the information relating to such direct or indirect parent company and any of its covenants hereunder (as Subsidiaries other than the Company and its Subsidiaries, on the one hand, and the information relating to which the Trustee is entitled to rely exclusively Company and its Subsidiaries on Officers’ Certificates)a standalone basis, on the other hand.

Provision of Financial Information. Whether or not required by the Company is subject to Section 13 rules or 15(d) regulations of the Exchange ActCommission, so long as any Notes are outstanding, the Company shall, Issuer will furnish to the extent permitted Trustee and the Holders of Notes, or file electronically with the Commission through the Commission’s Electronic Data Gathering, Analysis and Retrieval System (or any successor system), within the time periods specified in the Commission’s rules and regulations (after giving effect to any grace period provided by Rule 12b-25 under the Exchange Act, file with the Commission the ): (a) all quarterly and annual reports, quarterly reports and other documents which the Company financial information that would have been be required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed contained in a filing with the Commission on or prior to Forms 10-Q and 10-K if the respective dates (the “Required Filing Dates”) by which the Company would have been Issuer were required so to file such documents Forms, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, a report on the annual financial statements by the Issuer’s certified independent accountants; and (b) all current reports that would be required to be filed (as opposed to furnished) with the Commission on Form 8-K if the Company Issuer were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file such reports. In addition, whether or not required by the Commission, the Issuer will file a copy of all of the information and reports referred to in clauses (a) and (b) above with the Commission pursuant for public availability within the time periods specified in the Commission’s rules and regulations (after giving effect to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents any grace period provided by the Company with the Commission is not permitted Rule 12b-25 under the Exchange Act) (unless the Commission will not accept such a filing) and make such information available to prospective investors. If the Commission will not accept the Issuer’s filings for any reason, promptly upon written request the Issuer will post the reports referred to in the preceding paragraphs on its website or another website within the time periods that would apply if the Issuer were required to file those reports with the Commission. If the Issuer has designated any of its Subsidiaries (other than a Receivable Subsidiary) as Unrestricted Subsidiaries, then the quarterly and payment annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, either on the face of the reasonable cost financial statements or in the footnotes thereto, and in “Management’s Discussion and Analysis of duplication Financial Condition and delivery, supply copies Results of such documents to any prospective HolderOperations,” of the financial condition and results of operations of the Issuer and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Issuer. Delivery of such reports, information the reports and documents described above to the Trustee is for informational purposes only only, and the Trustee’s receipt of such reports and documents shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the CompanyIssuer’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to conclusively rely exclusively on Officers’ Certificatesan Officer’s Certificate). In addition, to the extent not satisfied by the foregoing, the Issuer will agree that, for so long as any Notes are outstanding, it will furnish to Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act (or any successor provision).

Provision of Financial Information. Whether or not required by the Company is subject to Section 13 or 15(d) of the Exchange ActCommission, so long as any Notes are outstanding, the Company shall, Issuer will furnish without cost to the extent permitted under Trustee and the Exchange ActHolders of Notes, or file electronically with the Commission through the Commission’s Electronic Data Gathering, Analysis and Retrieval System (or any successor system), within 15 days after the time periods specified in the Commission’s rules and regulations: (1) all quarterly and annual reports, quarterly reports including financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and other documents which 10-K if the Company would have been Issuer were required to file such Forms, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the Commission pursuant to such Section 13 or 15(dannual information only, a report on the annual financial statements by the Issuer’s certified independent accountants; and (2) if the Company were so subject, such documents all current reports that would be required to be filed with the Commission on or prior to Form 8-K if the respective dates (the “Required Filing Dates”) by which the Company would have been Issuer were required so to file such documents if reports. Notwithstanding the Company were so subject. The Company shall also foregoing, (a) the Issuer may satisfy its obligations to deliver the information and reports referred to in any event clauses (x1) within 15 days of each Required Filing Date and (i2) if above by filing the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file same with the Commission for public availability within the time periods specified in the Commission’s rules and regulations (unless the Commission will not accept such a filing) and make such information available to prospective investors (b) unless required by the rules and regulations of the Commission, no certifications or attestations concerning disclosure controls and procedures or internal controls, and no certifications, that would otherwise be required pursuant to Section 13 or 15(d) the Xxxxxxxx-Xxxxx Act of the Exchange Act if the Company were 2002 will be required at any time when it would not otherwise be subject to such Sections, statute and (iic) file nothing contained in this Indenture shall otherwise require the Issuer to comply with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) terms of the Exchange Xxxxxxxx-Xxxxx Act if the Company were of 2002 at any time when it would not otherwise be subject to such Sections statute. In addition, the Issuer and (ythe Guarantors have agreed that, for so long as any Notes remain outstanding, they will furnish to the Holders and to prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) if filing under the Securities Act. If the Issuer has designated any of its Subsidiaries as Unrestricted Subsidiaries, then, to the extent such documents Unrestricted Subsidiaries constitute in the aggregate in excess of either 5.0% of the Issuer’s Consolidated Net Tangible Assets or 5.0% of the Issuer’s consolidated revenues, the quarterly and annual financial information required by the Company with preceding paragraph shall include a reasonably detailed presentation, either on the Commission is not permitted under the Exchange Act, promptly upon written request and payment face of the reasonable cost financial statements or in the footnotes thereto, and in “Management’s Discussion and Analysis of duplication Financial Condition and delivery, supply copies Results of such documents to any prospective HolderOperations,” of the financial condition and results of operations of the Issuer and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Issuer. Delivery of such reports, information and documents to the Trustee under Section 4.3 is for informational purposes only and the Trustee’s receipt of such the foregoing shall not constitute actual or constructive notice of any information contained therein or determinable from information contained therein, including the CompanyIssuer’s compliance with any of its covenants hereunder or the existence of an Event of Default (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates, except as otherwise provided herein).

Provision of Financial Information. (a) Whether or not required by the Company is subject to Section 13 or 15(d) of the Exchange ActCommission, so long as any Notes are outstanding, the Company shall, will furnish to the extent permitted under the Exchange ActHolders of Notes, or file electronically with the Commission through the Commission’s Electronic Data Gathering, Analysis and Retrieval System (or any successor system), within the time periods specified in the Commission’s rules and regulations: (1) all quarterly and annual reports, quarterly reports and other documents which the Company financial information that would have been be required to file be contained in a filing with the Commission pursuant to such Section 13 or 15(d) on Forms 10‑Q and 10‑K if the Company were so subjectrequired to file such Forms, such documents including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, a report on the annual financial statements by the Company’s certified independent accountants; and (2) all current reports that would be required to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents Form 8‑K if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file such reports. Whether or not required by the Commission, the Company will file a copy of all of the information and reports referred to in clauses (1) and (2) above with the Commission pursuant for public availability within the time periods specified in the Commission’s rules and regulations (unless the Commission will not accept such a filing) and make such information available to Section 13 or 15(d) of prospective investors. If the Exchange Act Commission will not accept the Company’s filings for any reason, the Company will post the reports referred to in the preceding paragraph on its website within the time periods that would apply if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file those reports with the Commission. The Trustee shall have no responsibility to determine if any information has been filed with the Commission or posted to the Company’s website. (b) For so long as any Notes remain outstanding, the Company and the Guarantors will furnish to the Holders and to prospective investors, upon their request, the information required to be delivered pursuant to Section 13 or 15(dRule 144A(d)(4) under the Securities Act. (c) If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by SECTION 4.3(a) hereof shall include a reasonably detailed presentation, either on the face of the Exchange Act if financial statements or in the footnotes thereto, and in “Management’s Discussion and Analysis of Financial Condition and Results of Operations,” of the financial condition and results of operations of the Company were subject to such Sections and (y) if filing such documents by its Restricted Subsidiaries separate from the Company with the Commission is not permitted under the Exchange Act, promptly upon written request financial condition and payment results of operations of the reasonable cost Unrestricted Subsidiaries of duplication and delivery, supply copies of such documents to any prospective Holderthe Company. 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 509335-2181-14734-Active.16594683.10 Issuer's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Officer’s Certificates).

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Exchange Act, the Company shall, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which that the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of after each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which that the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which that the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections Sections. If filing the foregoing reports and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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).

Provision of Financial Information. Whether or not required by the Company is subject to Section 13 or 15(d) rules and regulations of the Exchange ActCommission, so long as any Notes are outstanding, the Company shallwill, furnish to the extent permitted under Holders of Notes or cause the Exchange ActTrustee to furnish to the Holders of Notes, or file electronically with the Commission through the Commission’s IDEA System (or any successor system) within the time periods specified in the Commission’s rules and regulations (together with extensions granted by the Commission) for a filer that is a “non-accelerated filer” plus five business days: (1) substantially the same quarterly and annual reports, quarterly reports and other documents which the Company that would have been be required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or Forms 10-Q and 10-K if the Company was required to file such reports; and (2) substantially the same current reports that would be required to be filed with the Commission on Form 8-K if the Company was required to file such reports. Notwithstanding the foregoing, the requirement to furnish current, quarterly and annual reports to holders of notes will be deemed satisfied prior to the respective dates (commencement of the “Required Filing Dates”) exchange offer contemplated by which the Company Registration Rights Agreement or the effectiveness of a shelf registration statement if the information that would have been contained in such reports is included in the registration statement relating to the exchange offer and/or the shelf registration statement, or any amendments thereto, and filed with the Commission within the time periods contemplated above, or if such information is otherwise filed with the Commission within the time periods contemplated above. All such reports will be prepared in all material respects in accordance with all of the rules and regulations applicable to such reports; provided, however, that the quarterly and annual reports furnished to holders of notes shall not be required so to file comply with Sections 302, 906 and 404 of the Sarbanes Oxley Act of 2002 and related items 307 and 308 of Regulation S-K. Each annual report on Form 10-K will include a report on the consolidated financial statements of the Company by the certified independent accountants of the Company. If, at any time after the consummation of the exchange offer contemplated by the Registration Rights Agreement, the Company is no longer subject to the periodic reporting requirements of the Exchange Act for any reason, the Company will nevertheless continue filing the reports specified in the preceding paragraphs of this Section 4.3 with the Commission within the time periods specified above unless the Commission will not accept such documents filings. The Company will not take any action for the purpose of causing the Commission not to accept any such filings. If, notwithstanding the foregoing, the Commission will not accept the filings of the Company for any reason, the Company will post the reports referred to in the preceding paragraphs on its website within the time periods that would apply if the Company were so subjectwas required to file those reports with the Commission. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if In addition, the Company is and the Guarantors agree that, for so long as any Notes remain outstanding, if at any time they are not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission the reports required by the preceding paragraphs, they will furnish to the Holders of Notes and to prospective investors, upon their request, the information required to be delivered pursuant to Section 13 or 15(dRule 144A(d)(4) of under the Exchange Act if Securities Act. Notwithstanding the Company were subject foregoing, the quarterly report with respect to such Sectionsthe fiscal quarter ended March 31, and (ii) file 2010 shall be delivered in accordance with the Trustee copies of annual reportsforegoing procedures no later than June 1, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder2010. 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).

Provision of Financial Information. Whether or not required by the Company is subject to Section 13 or 15(d) of the Exchange ActCommission, so long as any Notes are outstanding, the Company shall, Issuer will furnish without cost to the extent permitted under Trustee and the Exchange ActHolders of Notes, or file electronically with the Commission through the Commission’s Electronic Data Gathering, Analysis and Retrieval System (or any successor system), within 15 days after the time periods specified in the Commission’s rules and regulations: (1) all quarterly and annual reports, quarterly reports including financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and other documents which 10-K if the Company would have been Issuer were required to file such Forms, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the Commission pursuant to such Section 13 or 15(dannual information only, a report on the annual financial statements by the Issuer’s certified independent accountants; and (2) if the Company were so subject, such documents 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, in each case, prepared in a manner that complies in all material respects with the requirements specified in such form. Notwithstanding the provisions of the foregoing, (a) the Issuer may satisfy its obligations to deliver the information and reports referred to in clauses (1) and (2) above by filing the same with the Commission for public availability within the time periods specified in the Commission’s rules and regulations (unless the Commission will not accept such a filing) and (b) unless required by the rules and regulations of the Commission (as such rules and regulations may be waived by the Commission) following the completion of the exchange offer pursuant to the Registration Rights Agreement: (i) no certifications or attestations concerning disclosure controls and procedures or internal controls, and no certifications or attestations, that would otherwise be required pursuant to the Xxxxxxxx-Xxxxx Act of 2002 will be required at any time when the Issuer would not otherwise be subject to such statute, (ii) nothing contained in this Indenture shall otherwise require the Issuer to comply with the terms of the Xxxxxxxx-Xxxxx Act of 2002 at any time when it would not otherwise be subject to such statute, (iii) no additional disclosures or financial statements required by Rule 3-10 or Rule 3-16 of Regulation S-X promulgated under the Securities Act shall be required, and (iv) the Issuer shall not be required to comply with the requirements of Rule 3-05 and Article 11 of Regulation S-X with respect to the probable or completed acquisition of any business out of bankruptcy to the extent the Issuer determines, reasonably and in good faith, that such audited and unaudited historical information is not available without unreasonable expense or effort (which determination shall be evidenced by a certificate of the principal financial officer of the Issuer to the Trustee on behalf of the holders), in which case the Issuer shall deliver (A) the financial statements actually received by the Issuer in connection with the acquisition, whether or not audited, together with a pro forma balance sheet and other pro forma information that may reasonably be prepared by the Issuer showing the effect of the acquisition on the Issuer in a manner that is as consistent with the requirements and principles of Article 11 of Regulation S-X as is reasonably practicable, and (B) any other financial statements or other information delivered to any other holder of Debt or Capital Interests in the Issuer. In addition, the Issuer and the Guarantors have agreed that, for so long as any Notes remain outstanding, they will furnish to the Holders and to prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. The Issuer shall maintain a website to which Holders of Notes and prospective Holders of Notes (limited to prospective investors who are “qualified institutional buyers” within the meaning of Rule 144A of the Securities Act or are non-U.S. Persons as defined in Regulation S under the Securities Act, in each case that certify their status to the reasonable satisfaction of the Issuer) and securities analysts and market makers are given access and to which all of the reports and notices required by this Section 4.3 are posted or shall file such information with the Commission. So long as any Notes are outstanding, the Issuer will also, within 15 Business Days after furnishing the Trustee with the annual and quarterly information required pursuant to clause (1) of this Section, hold a conference call to discuss such reports and the results of operations for the relevant reporting period. The website referenced in the preceding paragraph will permit subscription for electronic notices. Through such subscription function, the Issuer will issue or cause to be issued electronic notice to subscribers at least two Business Days prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) date of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been conference call required to file with the Commission be held pursuant to Section 13 or 15(d) of this paragraph, with such notice to include the Exchange Act if time and date set for the Company were subject to such Sections, conference call and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 necessary to access the Company’s compliance with call. If the Issuer has designated any of its covenants hereunder (Subsidiaries as Unrestricted Subsidiaries, then, to which the Trustee is entitled to rely exclusively extent such Unrestricted Subsidiaries constitute in the aggregate in excess of either 5% of the Issuer’s Consolidated Net Tangible Assets or 5% of the Issuer’s consolidated revenues, the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, either on Officers’ Certificates)the face of the financial statements or in the footnotes thereto, and in “Management’s Discussion and Analysis of Financial Condition and Results of Operations,” of the financial condition and results of operations of the Issuer and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Issuer.

Provision of Financial Information. (a) Whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, shall provide to the extent permitted under the Exchange Act, file with the Commission Trustee and Holders the annual reports, quarterly reports and other documents reports which the Company would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) ), or any successor provision thereto if the Company were so subjectrequired, such documents to be filed with provided to the Commission Trustee and Holders on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents with the SEC if the Company were so subject. The Company required; provided that any such reports and documents filed with the SEC pursuant to its Electronic Data Gathering, Analysis and Retrieval system (“XXXXX”) (or any successor system) or made publicly available on the Company’s website shall also in be deemed to have been delivered to the Trustee and the Holders of Notes for purposes of the foregoing requirements. (b) So long as any event (x) within 15 days of each Required Filing Date (i) the Notes remain outstanding, if at any time the Company is not then subject to Section 13 13(a) or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents Company will make available to any prospective Holder. purchaser of Notes or beneficial owner of Notes, upon their request, the information required by Rule 144A(d)(4) under the Securities Act, until such time as the Holders of the Notes, other than Holders that are Affiliates of the Company, are able to sell all such Notes immediately without restriction pursuant to the provisions of Rule 144 under the Securities Act, or any successor provision thereto. (c) In the event that any direct or indirect parent company of the Company becomes a guarantor of the Notes, the Company may satisfy its obligations under this Section 4.3 with respect to financial information relating to the Company by furnishing financial information relating to such parent company; provided that the same is accompanied by consolidating information that explains in reasonable detail the differences between the information relating to such parent, on the one hand, and the information relating to the Company and its Subsidiaries on a standalone basis, on the other hand. (d) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this covenant shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such financial statement or report is so furnished). (e) Delivery of such reports, information reports and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute actual or constructive knowledge or notice of any information contained therein or determinable from information contained therein, including the Company’s or any Subsidiary Guarantor’s, as the case may be, compliance with any of its covenants hereunder under this Indenture (as to which the Trustee is entitled to rely exclusively on an Officers’ CertificatesCertificate of the Company). The Trustee shall have no obligation or responsibility, on a continuing basis or otherwise, to determine whether the Company is required to file any reports or other information with the SEC, whether the Company’s information is available on a website or XXXXX (or any successor system) or whether the Company has otherwise delivered any notice or report in accordance with the requirements specified in this Section 4.3.

Provision of Financial Information. Whether or not required by the Company is subject to Section 13 or 15(d) of the Exchange ActCommission, so long as any Notes are outstanding, the Company shall, Issuer will furnish without cost to the extent permitted under Trustee and the Exchange ActHolders of Notes or, at its sole discretion, file electronically with the Commission through the Commission’s Electronic Data Gathering, Analysis and Retrieval System (or any successor system), within 15 days after the time periods specified in the Commission’s rules and regulations: (1) all quarterly and annual reports, quarterly reports including financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and other documents which 10-K if the Company would have been Issuer were required to file such Forms, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the Commission pursuant to such Section 13 or 15(dannual information only, a report on the annual financial statements by the Issuer’s certified independent accountants; and (2) if the Company were so subject, such documents 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, in each case, prepared in a manner that complies in all material respects with the requirements specified in such form. Notwithstanding the provisions of the foregoing, the Issuer, at its sole discretion, may satisfy its obligations to deliver the information and reports referred to in clauses (1) and (2) above by filing the same with the Commission for public availability within the time periods specified in the Commission’s rules and regulations (unless the Commission will not accept such a filing): (i) no certifications or attestations concerning disclosure controls and procedures or internal controls, and no certifications or attestations, that would otherwise be required pursuant to the Xxxxxxxx-Xxxxx Act of 2002 will be required at any time when the Issuer would not otherwise be subject to such statute, (ii) nothing contained in this Indenture shall otherwise require the Issuer to comply with the terms of the Xxxxxxxx-Xxxxx Act of 2002 at any time when it would not otherwise be subject to such statute, (iii) no additional disclosures or financial statements required by Rule 3-10 or Rule 3-16 of Regulation S-X promulgated under the Securities Act shall be required, and (iv) the Issuer shall not be required to comply with the requirements of Rule 3-05 and Article 11 of Regulation S-X with respect to the probable or completed acquisition of any business out of bankruptcy to the extent the Issuer determines, reasonably and in good faith, that such audited and unaudited historical information is not available without unreasonable expense or effort (which determination shall be evidenced by a certificate of the principal financial officer of the Issuer to the Trustee on behalf of the holders), in which case the Issuer shall deliver (A) the financial statements actually received by the Issuer in connection with the acquisition, whether or not audited, together with a pro forma balance sheet and other pro forma information that may reasonably be prepared by the Issuer showing the effect of the acquisition on the Issuer in a manner that is as consistent with the requirements and principles of Article 11 of Regulation S-X as is reasonably practicable, and (B) any other financial statements or other information delivered to any other holder of Debt or Capital Interests in the Issuer. In addition, the Issuer and the Guarantors have agreed that, for so long as any Notes remain outstanding, they will furnish to the Holders and to prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. Such reports will not be subject to the TIA. The Issuer shall maintain a website to which Holders of Notes and prospective Holders of Notes (limited to prospective investors who are “qualified institutional buyers” within the meaning of Rule 144A of the Securities Act or are non-U.S. Persons as defined in Regulation S under the Securities Act, in each case that certify their status to the reasonable satisfaction of the Issuer) and securities analysts and market makers are given access and to which all of the reports and notices required by this Section 4.3 are posted or shall file such information with the Commission. So long as any Notes are outstanding, the Issuer will also, within 15 Business Days after furnishing the Trustee with the annual and quarterly information required pursuant to clause (1) of this Section, hold a conference call to discuss such reports and the results of operations for the relevant reporting period. The website referenced in the preceding paragraph will permit subscription for electronic notices. Through such subscription function, the Issuer will issue or cause to be issued electronic notice to subscribers at least two Business Days prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) date of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been conference call required to file with the Commission be held pursuant to Section 13 or 15(d) of this paragraph, with such notice to include the Exchange Act if time and date set for the Company were subject to such Sections, conference call and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 necessary to access the Company’s compliance with call. If the Issuer has designated any of its covenants hereunder (Subsidiaries as Unrestricted Subsidiaries, then, to which the Trustee is entitled to rely exclusively extent such Unrestricted Subsidiaries constitute in the aggregate in excess of either 5% of the Issuer’s Consolidated Net Tangible Assets or 5% of the Issuer’s consolidated revenues, the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, either on Officers’ Certificates)the face of the financial statements or in the footnotes thereto, and in “Management’s Discussion and Analysis of Financial Condition and Results of Operations,” of the financial condition and results of operations of the Issuer and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Issuer.

Provision of Financial Information. (a) Whether or not the Company is subject to Section 13 or 15(d) of the Exchange Act, it will, within 15 days after each of the Company shall, respective dates by which it would have been required to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company it were so subject, such documents to be filed with the Commission on or prior to the respective dates : (the “Required Filing Dates”1) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports annual, quarterly and quarterly reports other reports, financial statements and other documents which the Company it would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act Act, if the Company it were subject to such Sections, and , (ii2) file with the Trustee copies of annual the annual, quarterly and other reports, quarterly reports financial statements and other documents which the Company it would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act Act, if the Company were it was subject to such Sections and Sections, and (y3) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery ; provided that, the foregoing requirements shall be deemed satisfied if the foregoing materials are available on the Commission’s EXXXX system or on the Company’s website within the applicable time period. (b) At the time annual or quarterly reports are provided pursuant to Section 10.10(a), the Company shall file, furnish or otherwise publicly report portfolio-level operating financial information and key performance indictors (“KPIs”) with respect to the First Lien Collateral Properties in manner consistent with consistent with slide 27 of the Earnings presentation of Office Properties Income Trust dated October 30, 2024, as filed as Exhibit 99.2 to the Current Report on Form 8-K, filed with the Commission on October 30, 2024. (c) Solely following the occurrence and during the continuation of an Event of Default, no later than fifteen (15) Business Days following the time annual or quarterly reports are provided pursuant to Section 10.10(a), the Company shall deliver to the Trustee a report setting forth a list of the Collateral Properties and providing property-level reporting on the First Lien Collateral and Second Lien Collateral, which will include rent rolls, capital commitments, operating statements, cash flow statements and KPIs. (d) The Trustee shall have no liability or responsibility for the filing, timeliness or content of any such reports, financial statements, documents or information filed by the Company and delivery of such reports, financial statements, documents or information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice of thereof or any information contained therein therein. (e) Notwithstanding the foregoing, if at any time the Notes become guaranteed by any direct or determinable from information contained therein, including indirect parent company of the Company’s compliance , the Company may satisfy its obligations under this Section 10.10 with respect to financial information relating to the Company by furnishing financial information relating to such direct or indirect parent company; provided, however, that the same is accompanied by consolidating information that explains in reasonable detail the differences between the information relating to such direct or indirect parent company and any of its covenants hereunder (as Subsidiaries other than the Company and its Subsidiaries, on the one hand, and the information relating to which the Trustee is entitled to rely exclusively Company and its Subsidiaries on Officers’ Certificates)a standalone basis, on the other hand.

Provision of Financial Information. Whether (a) So long as any of the Notes are Outstanding, and in addition to and without limitation of the Company's obligations pursuant to Section 7.04, whether or not the Company is required to be subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provisions, the Company shall, (unless not permitted by the Commission to the extent permitted under the Exchange Act, do so) shall file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 13(a) or 15(d) or any successor 83 97 provisions thereto if the Company were so subject, required such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subjectrequired. The Company shall also in any event (xa) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Note Register, without cost to such Holders, and (ii) file with the Trustee, copies of the annual reports, quarterly reports and quarterly reports other documents which the Company files with the Commission pursuant to such Section 13(a) or 15(d) or any successor provisions thereto or would have been required to file with the Commission pursuant to such Section 13 13(a) or 15(d) of the Exchange Act or any successor provisions thereto if the Company were subject required to comply with such Sections, Sections or successor provisions and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (yb) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holderholder of securities. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s Truste'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). (b) If the Company at any time is not subject to the reporting requirements of Section 13 or Section 15(d) of the Exchange Act (or any successor provisions) while any Notes constitute Restricted Notes, it will furnish to any holder of such a Note (or a beneficial interest therein), or to any prospective purchaser designated by such holder, upon the request of such holder, such financial and other information as may be required to satisfy the requirements of Paragraph (d)(4) of Rule 144A to permit such resales and that information that would be required if the Company were subject to the informational requirements of Section 13 or 15(d) of the Exchange Act.

Provision of Financial Information. Whether or not If the Company or a Guarantor is subject required to file annual and quarterly reports and other documents with the Commission pursuant to Section 13 or 15(d) of the Securities Exchange ActAct of 1934, the Company shall, to the extent permitted under the Exchange Act, or such Guarantor will (i) file with the Commission the annual reports, quarterly such reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been or Guarantor is required so to file such documents if the Company were so subject. The Company shall also in any event documents, (xii) within 15 days after being required to file the same with the Commission, deliver such reports and documents with the Trustee, and (iii) within 15 days after being required to file the same with the Commission, transmit a copy of each Required Filing Date such annual and quarterly report (iexclusive of exhibits) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of . If the Company or a Guarantor is not required to file annual reports and quarterly reports and other documents with the Commission pursuant to either of such provisions, the Company or such Guarantor will, within 15 days of the date by which the Company or Guarantor would have been required to file the same with the Commission if it were so required, (i) deliver to the Trustee a document containing substantially the same kind of information as the Company would have been required to file include in each annual and quarterly report filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company it were subject to such Sections, so required and (ii) file with transmit a copy of each document required to be delivered to the Trustee copies (exclusive of exhibits) by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders. Notwithstanding the foregoing, if the Company or a Guarantor is not required to file annual reports, or quarterly reports and other documents which the Company would have been required to file with the Commission pursuant because information about the Company or the Guarantor is contained in the annual and quarterly reports and other documents filed by another entity with the Commission, the delivery to Section 13 or 15(d) the Trustee of the Exchange Act if the Company were subject to annual and quarterly reports and other documents filed by such Sections and (y) if filing such documents by the Company entity with the Commission is not permitted under and the Exchange Act, promptly upon written request transmittal by mail to all Holders of each annual and payment quarterly report filed with the Comission by such entity within the time periods set forth in the preceding sentence shall be deemed to satisfy the obligations of the reasonable cost of duplication and delivery, supply copies of such documents Company or the Guarantor to any prospective Holder. Delivery of such reports, provide financial 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)under this Section 1009.

Provision of Financial Information. Whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission SEC (if permitted by SEC practice and applicable law and regulations) the annual reports, quarterly reports and other documents which that the Company would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subject, such documents to be filed with the Commission SEC on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company Issuers were so subject. The Company shall also in any event (xa) within 15 days of each Required Filing Date (whether or not permitted or required to be filed with the SEC) (i) if the Company is not then subject transmit (or cause to Section 13 or 15(dbe transmitted) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee Trustee, copies of the annual reports, quarterly reports and other documents which that the Company would have been is required to file with the Commission SEC pursuant to Section 13 or 15(d) the preceding sentence, or, if such filing is not so permitted, information and data of the Exchange Act if the Company were subject to such Sections a similar nature, and (yb) if if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission SEC is not permitted under the Exchange Actby SEC practice or applicable law or regulations, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any Holder. In addition, for so long as any Securities remain outstanding, the Company will furnish to the Holders and to securities analysts and prospective Holderinvestors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, and, to any beneficial holder of Securities, if not obtainable from the SEC, information of the type that would be filed with the SEC pursuant to the foregoing provisions, upon the request of any such holder. 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).

Provision of Financial Information. Whether For so long as the Securities are outstanding, whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission (if permitted by Commission practice and applicable law and regulations) the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (xa) within 15 days of after each Required Filing Date (whether or not permitted or required to be filed with the Commission) (i) if the Company is not then subject transmit (or cause to Section 13 or 15(dbe transmitted) of the Exchange Act, transmit by mail to all HoldersHolders of Securities, as their names and addresses appear in the Security RegisterSecurities register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been be required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Securities were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted then registered under the Exchange Act. In addition, promptly for so long as any Securities remain outstanding, the Company will furnish to the Holders of Securities and to securities analysts and prospective investors, upon written request and payment their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, and, to any beneficial holder of Securities, if not obtainable from the Commission, information of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery of such reports, information and documents type that would be filed with -96- 106 the Commission pursuant to the Trustee is for informational purposes only and foregoing provisions upon the Trustee’s receipt of such shall not constitute constructive notice request 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)such Holder.

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Exchange Act, the Company shallwill, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports, quarterly reports and quarterly reports other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, Sections and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Actsupply, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery The Trustee shall not be required to examine any of such reports, information the reports and other documents filed therewith pursuant to the Trustee provisions of this Section 2.10 or Section 7.03 of the Senior Indenture in order to determine whether the Company 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 in compliance with any the provisions of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)Section 2.4 of this Supplemental Indenture.

Provision of Financial Information. Whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission SEC (if permitted by SEC practice and applicable law and regulations) the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subjectrequired, such documents to be filed with the Commission SEC on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subjectrequired. The Company shall also in any event (xa) within 15 days of each Required Filing Date (whether or not permitted or required to be filed with the SEC) (i) if the Company is not then subject transmit (or cause to Section 13 or 15(dbe transmitted) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security RegisterSecurities register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been is required to file with the Commission SEC pursuant to Section 13 or 15(d) the preceding sentence, or, if such filing is not so permitted, information and data of the Exchange Act if the Company were subject to such Sections a similar nature, and (yb) if if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission SEC is not permitted under the Exchange Actby SEC practice or applicable law or regulations, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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).

Provision of Financial Information. (a) Whether or not the Company Issuer is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, Issuer shall provide to the extent permitted under the Exchange Act, file with the Commission Trustee and Holders the annual reports, quarterly reports and other documents reports which the Company Issuer would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) ), or any successor provision thereto if the Company Issuer were so subjectrequired, such documents to be filed with provided to the Commission Trustee and Holders on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company Issuer would have been required to file such documents with the Commission SEC if the Issuer were so required (including any applicable extensions thereto); provided that any such reports and documents filed with the SEC pursuant to its Electronic Data Gathering, Analysis and Retrieval system (“EXXXX”) (or any successor system) or made publicly available on the Issuer’s website shall be deemed to have been delivered to the Trustee and the Holders of Notes for purposes of the foregoing requirements. (b) So long as any of the Notes remain outstanding, if at any time the Issuer is not subject to Section 13 13(a) or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents Issuer will make available to any prospective Holderpurchaser of Notes or beneficial owner of Notes, upon their request, the information required by Rule 144A(d)(4) under the Securities Act, until such time as the Holders of the Notes, other than Holders that are Affiliates of the Issuer, are able to sell all such Notes immediately without restriction pursuant to the provisions of Rule 144 under the Securities Act, or any successor provision thereto. (c) In the event that any direct or indirect parent company of the Issuer becomes a guarantor of the Notes, the Issuer may satisfy its obligations under this Section 4.3 with respect to financial information relating to the Issuer by furnishing financial information relating to such parent company; provided that, to the extent that, in the reasonable judgment of the Issuer there are material differences between the financial information of the Issuer, on the one hand, and such parent company, on the other hand, the same shall be accompanied by consolidating information that explains in reasonable detail the differences between the information relating to such parent company, on the one hand, and the information relating to the Issuer and its Subsidiaries on a stand-alone basis, on the other hand. The Issuer will be deemed to have furnished the reports referred to in this Section 4.3 if the Issuer or any parent company has filed the corresponding reports containing such information relating to the Issuer or such parent company with the SEC via the EXXXX filing system (or any successor system). (d) So long as any of the Notes remain outstanding (unless restricted by law, including in connection with any proposed securities offering), the Issuer will: (1) not later than 15 Business Days after filing or furnishing a copy of each of the reports referred to in this Section 4.3 with the SEC or the Trustee, hold a conference call to discuss the results of operations for the relevant reporting period, with the opportunity to ask questions of management (the Issuer may satisfy the requirements of this clause (1) by holding the required conference call within the time period required by this clause (1) as part of any earnings call of the Issuer or any parent); and (2) issue a press release or otherwise announce to the Holders prior to the date of the conference call required to be held in accordance with this paragraph, announcing the time and date of such conference call and either including all information necessary to access the call or directing Holders, prospective investors, broker-dealers and securities analysts to contact the appropriate person at the Issuer to obtain such information. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.3 shall be deemed cured and no longer continuing (and the Issuer shall be deemed to be in compliance with this Section 4.3) upon furnishing such information as contemplated by this Section 4.3 (but without regard to the date on which such financial statement or report is so furnished). (f) Delivery of such reports, information reports and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute actual or constructive knowledge or notice of any information contained therein or determinable from information contained therein, including the CompanyIssuer’s or any Subsidiary Guarantor’s, as the case may be, compliance with any of its covenants hereunder under this Indenture (which the Trustee has no duty to monitor and as to which the Trustee is entitled to rely exclusively on Officers’ CertificatesOfficer’s Certificates of the Issuer, if presented to the Trustee). The Trustee shall have no obligation or responsibility to determine whether the Issuer is required to file any reports or other information with the SEC, whether the Issuer’s information is available on EXXXX (or any successor system) or whether the Issuer has otherwise delivered any notice or report in accordance with the requirements specified in this Section 4.3.

Provision of Financial Information. (a) Whether or not required by the Commission, so long as any Notes are outstanding, the Company will furnish to the Holders of Notes, or file electronically with the Commission through the Commission’s Electronic Data Gathering, Analysis and Retrieval System (or any successor system), within the time periods specified in the Commission’s rules and regulations: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Company were required to file such Forms, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, a report on the annual financial statements by the Company’s certified independent accountants; and (2) all 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; provided, however, that, so long as the Company is not subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, such reports (a) shall not be required to comply with Section 302 or 404 of the Company shall, to the extent permitted under the Exchange Act, file with Xxxxxxxx- Xxxxx Act of 2002 or related Items 307 and 308 of Regulation S-K promulgated by the Commission the annual reportsor Item 601 of Regulation S-K (with respect to exhibits), quarterly reports and other documents which the Company would have been (b) shall not be required to file comply with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d13(r) of the Exchange Act (relating to the Iran Threat Reduction and Syrian Human Rights Act) or Rule 13p-1 under the Exchange Act and Form SD (relating to conflict minerals) and (c) shall not be required to contain a separate financial footnote for Guarantors and non-Guarantor Subsidiaries contemplated by Rule 3-10, Rule 3-16 (to the extent in effect), 13-01 or 13-02 of Regulation S-X promulgated by the Commission (except summary financial information with respect to non-Guarantor Subsidiaries and Unrestricted Subsidiaries as described below will be required). (b) In addition, whether or not required by the Commission, the Company will file a copy of all of the information and reports referred to in clauses (1) and (2) above with the Commission for public availability within the time periods specified in the Commission’s rules and regulations (unless the Commission will not accept such a filing) and make such information available to prospective investors. If the Commission will not accept the Company’s filings for any reason, the Company will post the reports referred to in the preceding paragraph on its website within the time periods that would apply if the Company were subject required to such Sectionsfile those reports with the Commission. (c) In addition, the Company and the Subsidiary Guarantors have agreed that, for so long as any Notes remain outstanding, they will furnish to the Holders and to prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. (d) If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries and/or if any Restricted Subsidiaries are not Guarantors, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto, of the financial condition and results of operations of (i) the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company and/or (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would and the Subsidiary Guarantors separate from the financial condition and results of operations of the other Subsidiaries of the Company. (e) The Company shall participate in quarterly conference calls after the delivery of the information referred to in clause (1) or (2) above (which may be a single conference call together with investors and lenders holding other securities or Debt of the Company and/or its Restricted Subsidiaries) to discuss operating results and related matters. The Company shall issue a press release or otherwise provide notice of such conference call in the same manner in which information was delivered pursuant to clause (1) and (2) above which will provide the date and time of any such call and will direct Holders, prospective investors and securities analysts to contact the investor relations office of the Company to obtain access to the conference call. (f) If any report or conference call required by this SECTION 4.3 is provided after the deadlines indicated for the applicable report or conference call, the later provision of the applicable report or conference will cure a Default caused by the failure to provide the report or conference prior to the deadlines indicated, so long as no Event of Default has occurred and is continuing as a result of such failure. (g) In addition, the Company shall report, as of the 90th and 180th day after the Issue Date, in the next quarterly report filed after such date, the facilities for which mortgages have been required to file obtained in accordance with this Indenture and the Commission pursuant to Section 13 or 15(d) aggregate book value of such facilities as of the Exchange Act if balance sheet date for the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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)applicable quarterly report.

Provision of Financial Information. Whether or not the Company Issuer is subject to Section 13 Sections 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, Issuer shall file with the Commission SEC so long as the Securities are outstanding the annual reports, quarterly reports and other periodic reports which the Issuer would have been required to file with the SEC pursuant to such Sections 13(a) or 15(d) or any successor provision thereto if the Issuer was so subject on or prior to the respective dates (the "Required Filing Dates") by which the Issuer would have been required so to file such documents if the Issuer was so subject. The Issuer shall also in any event (a) within 15 days of each Required Filing Date (whether or not permitted or required to file with the SEC) (i) transmit or cause to be transmitted by mail to all holders of Securities, as their names and addresses appear in the register maintained by the Registrar, without cost to such holders, and (ii) file with the Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been Issuer is required to file with the Commission SEC pursuant to the preceding sentence or, if such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company filing is not then subject to Section 13 or 15(d) so permitted, information and data of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sectionsa similar nature, and (iib) file with if, notwithstanding the Trustee copies of annual reportspreceding sentence, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company Issuer with the Commission SEC is not permitted under the Exchange Actby SEC practice or applicable law or regulations, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery The Issuer shall not be obligated to file any such reports with the SEC if the SEC does not permit such filings for all companies similarly situated other than due to any action or inaction by the Issuer. The Issuer will also comply with Section 314(a) of such reportsthe TIA. In addition, information for so long as any of the Securities remain outstanding and documents prior to the Trustee is for informational purposes only later of the consummation of the Exchange Offer and the Trustee’s receipt effectiveness of such the Shelf Registration Statement, if required, the Issuer shall not constitute constructive notice furnish to holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act of any information contained therein or determinable from information contained therein1933, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)amended.

Provision of Financial Information. Whether or not the Company Issuer is subject to Section 13 or 15(d) of the Exchange ActAct and for so long as any Securities are outstanding, the Company shallIssuer will, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company Issuer would have been required to file with the Commission pursuant to such Section 13 or 15(d) (the "Financial Statements") if the Company Issuer were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company Issuer would have been required so to file such documents if the Company Issuer were so subject. The Company shall Issuer will also in any event (x) within 15 days of after each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, Holders copies of the annual reports and quarterly reports which the Company Issuer would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Issuer were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company Issuer would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Issuer were subject to such Sections and (y) if filing such documents by the Company Issuer with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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).ARTICLE ELEVEN

Provision of Financial Information. (a) Whether or not the Company Issuer is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, Issuer shall provide to the extent permitted under the Exchange ActTrustee and, file with the Commission upon request, Holders the annual reports, quarterly reports and other documents reports which the Company Issuer would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) ), or any successor provision thereto, if the Company Issuer were so subjectrequired, such documents to be filed with provided to the Commission Trustee and Holders on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company Issuer would have been required to file such documents with the Commission SEC if the Issuer were so required (after giving effect to all applicable grace periods under the Exchange Act and the rules, regulations and orders of the SEC thereunder); provided that any such reports and documents filed with the SEC pursuant to its Electronic Data Gathering, Analysis and Retrieval system (“XXXXX”) (or any successor system) or made publicly available on the Issuer’s website shall be deemed to have been delivered to the Trustee and the Holders of Notes for purposes of the foregoing requirements; provided, that the Trustee shall have no obligation whatsoever to determine if such filings have been made. The reports so provided will be prepared in all material respects with the rules and regulations of the SEC with respect to such reports, except they need not contain the information that would be required by Items 3-09, 3-10, 3-16, 13-01 or 13-02 of Regulation S-X promulgated by the SEC. (b) So long as any of the Notes remain outstanding, if at any time the Issuer is not subject to Section 13 13(a) or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents Issuer will make available to any prospective Holder. purchaser of Notes or beneficial owner of Notes, upon their request, the information required by Rule 144A(d)(4) under the Securities Act until such time as the Holders of the Notes, other than Holders that are Affiliates of the Issuer, are able to sell all such Notes immediately without restriction pursuant to the provisions of Rule 144 under the Securities Act, or any successor provision thereto. (c) In the event that any direct or indirect parent company of the Issuer becomes a guarantor of the Notes, the Issuer may satisfy its obligations under this Section 4.3 with respect to financial information relating to the Issuer by furnishing financial information relating to such parent company; provided that the same is accompanied by consolidating information that explains in reasonable detail the differences between the information relating to such parent, on the one hand, and the information relating to the Issuer and its Subsidiaries on a standalone basis, on the other hand. (d) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this covenant shall be deemed cured (and the Issuer shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such financial statement or report is so furnished). (e) Delivery of such reports, information reports and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute actual or constructive knowledge or notice of any information contained therein or determinable from information contained therein, including the CompanyIssuer’s or any Subsidiary Guarantor’s, as the case may be, compliance with any of its covenants hereunder under this Indenture (as to which the Trustee is entitled to rely exclusively on Officers’ CertificatesOfficer’s Certificates of the Issuer). The Trustee shall have no obligation or responsibility to determine whether the Issuer is required to file any reports or other information with the SEC, whether the Issuer’s information is available on XXXXX (or any successor system) or whether the Issuer has otherwise delivered any notice or report in accordance with the requirements specified in this Section 4.3.

Provision of Financial Information. Whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission SEC (if permitted by SEC practice and applicable law and regulations) the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subjectrequired, such documents to be filed with the Commission SEC on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subjectrequired. The Company shall also in any event (xa) within 15 days of each Required Filing Date (whether or not permitted or required to be filed with the SEC) (i) if the Company is not then subject transmit (or cause to Section 13 or 15(dbe transmitted) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security RegisterSecurities register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been is required to file with the Commission SEC pursuant to Section 13 or 15(d) the preceding sentence, or, if such filing is not so permitted, information and data of the Exchange Act if the Company were subject to such Sections a similar nature, and (yb) if if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission SEC is not permitted under the Exchange Actby SEC practice or applicable law or regulations, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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’ Certificatesofficers certificate).

Provision of Financial Information. Whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission SEC (if permitted by SEC practice and applicable law and regulations) the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subject, such documents to be filed with the Commission SEC on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (xa) within 15 days of each Required Filing Date (whether or not permitted or required to be filed with the SEC) (i) if the Company is not then subject transmit (or cause to Section 13 or 15(dbe transmitted) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security RegisterNote register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, Holders upon their request and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents proxy statements which the Company would have been is required to file with the Commission SEC pursuant to Section 13 or 15(d) the preceding sentence, or, if such filing is not so permitted, information and data of the Exchange Act if the Company were subject to such Sections a similar nature, and (yb) if if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission SEC is not permitted under the Exchange Actby SEC practice or applicable law or regulations, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery In addition, for so long as any Notes remain outstanding and prior to the later of the consummation of the Exchange Offer and the filing of the Initial Shelf Registration Statement, if required, the Company will furnish to the Holders, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. The Trustee shall not be required to examine any such reportsstatements, information and documents or data other than any accountants statements delivered pursuant to Section 4.4(b) to determine whether the Trustee Company 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 in compliance with any of its the covenants hereunder (as to which set forth in the Trustee is entitled to rely exclusively on Officers’ Certificates)Indenture.

Provision of Financial Information. Whether or not the ---------------------------------- Company is subject to Section 13 or 15(d) of the Securities Exchange ActAct of 1934, the Company shallwill, to the extent permitted under the Securities Exchange ActAct of 1934, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) (the "Financial Statements") if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, Holders copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 if the Company were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Securities Exchange ActAct of 1934, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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).

Provision of Financial Information. Whether or not we or the Company Guarantor is subject to Section 13 or 15(d) of the Exchange Act, the Company shallGuarantor will, to the extent permitted under the Exchange Act, file with the Commission SEC the annual reports, quarterly reports and other documents which that the Company Guarantor would have been required to file with the Commission SEC pursuant to such Section 13 or 15(d) (the “Financial Statements”) if the Company Guarantor were so subject, such documents to be filed with the Commission SEC on or prior to the respective dates (the “Required Filing Dates”) by which the Company Guarantor would have been required so to file such documents if the Company Guarantor were so subject. The Company shall Guarantor will also in any event (x1) within 15 days of each Required Filing Date (ia) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail or electronic transmittal to all Holders, as their names and addresses appear in the Security Registersecurity register, without cost to such Holders, copies of the annual reports, quarterly reports and quarterly reports which other documents that the Company Guarantor is required to file or would have been required to file with the Commission SEC pursuant to Section 13 or 15(d) of the Exchange Act if the Company Guarantor were subject to such Sectionssections, and (iib) file with furnish to the Trustee copies of annual reports, quarterly reports and other documents which that the Company Guarantor would have been required to file with the Commission SEC pursuant to Section 13 or 15(d) of the Exchange Act if the Company Guarantor were subject to such Sections sections; provided that the foregoing transmittal and furnishing requirements will be deemed satisfied if the foregoing reports and documents are available on the SEC’s EXXXX system or on the Guarantor’s website within the applicable time period specified above, and (y2) if filing such documents by the Company Guarantor with the Commission SEC is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 our compliance with any of its the covenants hereunder thereunder (as to which the Trustee is entitled to rely exclusively conclusively on Officers’ Certificatesan Officer’s Certificate). The Trustee shall have no liability or responsibility for the filing, timeliness or content of any such report.

Provision of Financial Information. Whether or not the Company is Issuers are subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, Issuers shall file with the Commission SEC the annual reports, quarterly reports and other documents which the Company Issuers would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company Issuers were so subjectrequired, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company Issuers would have been required so to file such documents if the Company Issuers were so subjectrequired. The Company Issuers shall also in any event (xa) within 15 days of each Required Filing Date (whether or not permitted or required to file with the SEC) (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holdersholders of Securities, as their names and addresses appear in the Security Registernote register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sectionsholders, and (ii) file with the Trustee Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been Issuers are required to file with the Commission SEC pursuant to Section 13 or 15(d) the preceding sentence or, if such filing is not so permitted, information and data of the Exchange Act if the Company were subject to such Sections a similar nature, and (yb) if if, notwithstanding the preceding sentence, filing such documents by the Company Issuers with the Commission SEC is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery The Issuers shall not be obligated to file any such reports with the SEC if the SEC does not permit such filings for all companies similarly situated other than due to any action or inaction by the Issuers. Notwithstanding the foregoing provisions, this covenant shall be deemed to have been satisfied during the period prior to the effectiveness of the Exchange Offer Registration Statement if the Issuers cause such annual reports, information quarterly reports and other documents to be filed with the Trustee is for informational purposes only and Commission by FVOP if such filings contain substantially the Trustee’s receipt same information that would be required if such documents were filed by the Issuers. The Issuers will also comply with ss. 314(a) 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)TIA.

Provision of Financial Information. Whether or not the Company Issuer is subject to Section 13 or 15(d) of the Exchange Act, and for so long as any Securities are outstanding, the Company shallIssuer will, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company Issuer would have been required to file with the Commission pursuant to such Section 13 or 15(d) (the "Financial Statements") if the Company Issuer were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company Issuer would have been required so to file such documents if the Company Issuer were so subject. The Company shall Issuer will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company Issuer would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Issuer were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company Issuer would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Issuer were subject to such Sections Sections, and (y) if filing such documents by the Company Issuer with the Commission is not permitted made under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery of such reports, information and documents Once the Issuer becomes subject to the Trustee is for informational purposes only Exchange Act, the quarterly and annual consolidated financial statements referred to above will be deemed to refer to the Trustee’s receipt of such shall not constitute constructive notice of any information contained therein Issuer's quarterly reports on Form 10-Q, annual reports on Form 10-K or determinable from information contained thereincurrent reports on Form 8-K, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)respectively.

Provision of Financial Information. Whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission SEC (if permitted by SEC practice and applicable law and regulations) the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subjectrequired, such documents to be filed with the Commission SEC on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subjectrequired. The Company shall also in any event (xa) within 15 days of each Required Filing Date (whether or not permitted or required to be filed with the SEC) (i) if the Company is not then subject transmit (or cause to Section 13 or 15(dbe transmitted) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security RegisterNote register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been is required to file with the Commission SEC pursuant to Section 13 or 15(d) the preceding sentence, or, if such filing is not so permitted, information and data of the Exchange Act if the Company were subject to such Sections a similar nature, and (yb) if if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission SEC is not permitted under the Exchange Actby SEC practice or applicable law or regulations, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery In addition, for so long as any Notes remain outstanding, the Company will furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, and, to any beneficial holder of such reportsNotes, if not obtainable from the SEC, information and documents of the type that would be filed with the SEC pursuant to the Trustee is for informational purposes only and foregoing provisions, upon the Trustee’s receipt of such shall not constitute constructive notice request of any information contained therein or determinable from information contained thereinsuch Holder. Notwithstanding anything to the contrary herein, including the Company’s Trustee shall have no duty to review such documents for purposes of determining compliance with any provisions of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)this Indenture.

Provision of Financial Information. Whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission SEC if permitted by SEC practice and applicable law and regulations, so long as any Securities remain outstanding, the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) (each, an "Exchange Act Report") or any successor provision thereto if the Company were so subject, such documents to be filed with the Commission SEC on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (xa) within 15 days of each Required Filing Date (whether or not permitted or required to be filed with the SEC) (i) if the Company is not then subject transmit (or cause to Section 13 or 15(dbe transmitted) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Registerregister, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee Trustee, copies of the annual reports, quarterly reports and other documents (without exhibits) which the Company would have been is required to file with the Commission SEC pursuant to the preceding sentence, or, if such filing is not so permitted (or, prior to the consummation of the Exchange Offer, when the Company is not subject to Section 13 13(d) or 15(d) of the Exchange Act if the Company were subject to such Sections Act), information and data of a similar nature, and (yb) if if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission SEC is not permitted under the Exchange Actby SEC practice or applicable law or regulations, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery In addition, for so long as any Securities remain outstanding, until the completion of such reportsthe Exchange Offer or the effectiveness of a Shelf Regis- tration Statement, as the case may be, the Company will furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, and, to any beneficial holder of Securities, if not obtainable from the SEC, information and documents of the type that would be filed with the SEC pursuant to the Trustee is for informational purposes only and foregoing provisions, upon the Trustee’s receipt of such shall not constitute constructive notice request of any information contained therein or determinable from information contained therein, including such holder. The Company shall also comply with 'SS' 314(a) of the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)TIA.

Provision of Financial Information. Whether or not the Company Issuer is subject to Section 13 Sections 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, Issuer shall file with the Commission SEC so long as the Securities are outstanding the annual reports, quarterly reports and other periodic reports which the Issuer would have been required to file with the SEC pursuant to such Sections 13(a) or 15(d) or any successor provision thereto if the Issuer was so subject on or prior to the respective dates (the "Required Filing Dates") by which the Issuer would have been required so to file such documents if the Issuer was so subject. The Issuer shall also in any event (a) within 15 days of each Required Filing Date (whether or not permitted or required to file with the SEC) (i) transmit or cause to be transmitted by mail to all holders of Securities, as their names and addresses appear in the register maintained by the Registrar, without cost to such holders, and (ii) file with the Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been Issuer is required to file with the Commission SEC pursuant to the preceding sentence or, if such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company filing is not then subject to Section 13 or 15(d) so permitted, information and data of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sectionsa similar nature, and (iib) file with if, notwithstanding the Trustee copies of annual reportspreceding sentence, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company Issuer with the Commission SEC is not permitted under the Exchange Actby SEC practice or applicable law or regulations, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery The Issuer shall not be obligated to file any such reports with the SEC if the SEC does not permit such filings for all companies similarly situated other than due to any action or inaction by the Issuer. The Issuer will also comply with ss.314(a) of such reportsthe TIA. In addition, information for so long as any of the Securities remain outstanding and documents prior to the Trustee is for informational purposes only later of the consummation of the Exchange Offer and the Trustee’s receipt effectiveness of such the Shelf Registration Statement, if required, the Issuer and each Subsidiary Guarantor shall not constitute constructive notice furnish to holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act of any information contained therein or determinable from information contained therein1933, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)amended.

Provision of Financial Information. Whether or not the ---------------------------------- Company is subject to Section 13 or 15(d) of the Securities Exchange ActAct of 1934, for so long as any Debt Securities are Outstanding, the Company shallwill, to the extent permitted under the Securities Exchange ActAct of 1934, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been so required so to file such documents if the Company were so subjectdocuments. The Company shall will also in any event (x) within 15 days of after each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 if the Company were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Securities Exchange ActAct of 1934, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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).

Provision of Financial Information. Whether For so long as the Securities are outstanding, whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission (if permitted by Commission practice and applicable law and regulations) the annual reports, quarterly reports and other documents which the Company would have been required re quired to file with the Commission pursuant to such Section 13 13(a) or 15(d) or any successor provision there to if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been re- quired to file with the Commission pursuant to such Section 13 (a) or 15 (d) or any successor provison thereto if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the "Require Filing Dates" by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (xa) within 15 days of after each Required Filing Date (whether or not permitted or required to be filed with the Commission) (i) if the Company is not then subject transmit (or cause to Section 13 or 15(dbe transmitted) of the Exchange Act, transmit by mail to all HoldersHolders of Securities, as their names and addresses appear in the Security RegisterSecurities register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been be required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Securities were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted then registered under the Exchange Act. In addition, promptly for so long as any Securities remain outstanding, the Company will furnish to the Holders of Securities and to securities analysts and prospective investors, upon written request and payment their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, and, to any beneficial holder of Securities, if not obtainable from the Commission, information of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery of such reports, information and documents type that would be filed with the Commission pursuant to the Trustee is for informational purposes only and foregoing provisions upon the Trustee’s receipt of such shall not constitute constructive notice request 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)such Holder.

Provision of Financial Information. (a) Whether or not required by the Company is subject to Section 13 or 15(d) of the Exchange ActCommission, so long as any Notes are outstanding, the Company shall, will furnish to the extent permitted under the Exchange ActHolders of Notes, or file electronically with the Commission through the Commission’s Electronic Data Gathering, Analysis and Retrieval System (or any successor system), within the time periods specified in the Commission’s rules and regulations: (1) all quarterly and annual reports, quarterly reports and other documents which the Company financial information that would have been be required to file be contained in a filing with the Commission pursuant to such Section 13 or 15(d) on Forms 10‑Q and 10‑K if the Company were so subjectrequired to file such Forms, such documents including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, a report on the annual financial statements by the Company’s certified independent accountants; and (2) all current reports that would be required to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents Form 8‑K if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file such reports. Exhibit 4.1 Whether or not required by the Commission, the Company will file a copy of all of the information and reports referred to in clauses (1) and (2) above with the Commission pursuant for public availability within the time periods specified in the Commission’s rules and regulations (unless the Commission will not accept such a filing) and make such information available to Section 13 or 15(d) of prospective investors. If the Exchange Act Commission will not accept the Company’s filings for any reason, the Company will post the reports referred to in the preceding paragraph on its website within the time periods that would apply if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file those reports with the Commission. The Trustee shall have no responsibility to determine if any information has been filed with the Commission or posted to the Company’s website. (b) For so long as any Notes remain outstanding, the Company and the Guarantors will furnish to the Holders and to prospective investors, upon their request, the information required to be delivered pursuant to Section 13 or 15(dRule 144A(d)(4) under the Securities Act. (c) If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by SECTION 4.3(a) hereof shall include a reasonably detailed presentation, either on the face of the Exchange Act if financial statements or in the footnotes thereto, and in “Management’s Discussion and Analysis of Financial Condition and Results of Operations,” of the financial condition and results of operations of the Company were subject to such Sections and (y) if filing such documents by its Restricted Subsidiaries separate from the Company with the Commission is not permitted under the Exchange Act, promptly upon written request financial condition and payment results of operations of the reasonable cost Unrestricted Subsidiaries of duplication and delivery, supply copies of such documents to any prospective Holderthe Company. 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 Issuer's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Officer’s Certificates).

Provision of Financial Information. Whether or not the Company is required to be subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission the annual reports, quarterly reports and other documents (including a "Management's Discussion and Analysis of Financial Condition and Results of Operations" and, with respect to the annual information only, a report thereon by the Company's certified independent accountants) which the Company would have been required to file with the Commission pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subjectrequired, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subjectrequired. The Company shall also in any event (xa) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, and (ii) file with the Trustee, in each case, copies of the annual reports, quarterly reports and quarterly reports other documents which 57 the Company would have been required to file with the Commission pursuant to Section 13 13(a) or 15(d) of the Exchange Act or any successor provisions thereto if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were be subject to such Sections and (yb) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery of such reportsIn addition, the Company shall, for so long as any Securities remain outstanding, furnish to all Holders and to securities analysts and prospective investors, upon their request, the information and documents required to be delivered pursuant to Rule 144(d)(4) under 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)Securities Act.

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Exchange Act, the Company shallwill, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, Sections and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company is required to file with the Commission or would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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).

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Exchange Act, it will, within 15 days after each of the Company shall, respective dates by which it would have been required to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company it were so subject, such documents to be filed with the Commission on or prior to the respective dates : (the “Required Filing Dates”1) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports annual, quarterly and quarterly reports other reports, financial statements and other documents which the Company it would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act Act, if the Company it were subject to such Sections, and , (ii2) file with the Trustee copies of annual the annual, quarterly and other reports, quarterly reports financial statements and other documents which the Company it would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act Act, if the Company were it was subject to such Sections and Sections, and (y3) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder; provided that, the foregoing requirements shall be deemed satisfied if the foregoing materials are available on the Commission’s EXXXX system or on the Company’s website within the applicable time period. Delivery The Trustee shall have no liability or responsibility for the filing, timeliness or content of any such reports, financial statements, documents or information filed by the Company and delivery of such reports, financial statements, documents or information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice of thereof or any information contained therein therein. Notwithstanding the foregoing, if at any time the Notes become guaranteed by any direct or determinable from information contained therein, including indirect parent company of the Company’s compliance , the Company may satisfy its obligations under this Section 10.10 with respect to financial information relating to the Company by furnishing financial information relating to such direct or indirect parent company; provided, however, that the same is accompanied by consolidating information that explains in reasonable detail the differences between the information relating to such direct or indirect parent company and any of its covenants hereunder (as Subsidiaries other than the Company and its Subsidiaries, on the one hand, and the information relating to which the Trustee is entitled to rely exclusively Company and its Subsidiaries on Officers’ Certificates)a standalone basis, on the other hand.

Provision of Financial Information. “Whether or not the Company Operating Partnership is subject to Section 13 or 15(d) of the Exchange Act, for so long as any Notes are Outstanding under this Indenture, the Company Operating Partnership shall, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company it would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if it were so subject, on or prior to the Company respective dates (each, a “Required Filing Date”) by which it would have been required to file such documents if it were so subject. In addition: (1) if the Operating Partnership is not subject to Section 13 or 15(d) of the Exchange Act, the Operating Partnership shall, not later than 15 days after each Required Filing Date, transmit by mail to all Holders of Notes Outstanding under this Indenture, as their names and addresses appear in the Security Register for the Notes, without cost to such Sectionsholders, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company it would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company it were subject to such Sections Sections; provided that the Operating Partnership shall not be required to mail any such report or other document to Holders of Notes if such report or other document is publicly available on the Commission’s or the Operating Partnership’s website (provided that within five days after the first time that the Operating Partnership shall make any such reports or documents publicly available on the Operating Partnership’s website, it will disseminate a press release or similar public announcement (using such means of dissemination that is at the time customary for public companies in the United States of America) announcing the availability of such reports and other documents on such website and providing the internet address of such website); (y2) the Operating Partnership shall, whether or not it is subject to Section 13 or 15(d) of the Exchange Act, not later than 15 days after each Required Filing Date, file with the Trustee copies of the annual reports, quarterly reports and other documents which it would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if it were subject to those Sections; and (3) if filing of any such documents report or other document required by any of the Company foregoing provisions to be filed with the Commission is not permitted under the Exchange Act, the Operating Partnership shall, promptly upon written request and payment of the reasonable cost costs of duplication and delivery, supply copies of such documents report or other document to any prospective HolderHolder of Notes (or, in the case of a Global Security evidencing any Notes, any prospective owner of a beneficial interest in such Global Security); provided that the Operating Partnership shall not be required to supply any such report or other document to a prospective owner or Holder if such report or other document is publicly available on the Commission’s or the Operating Partnership’s website. Delivery “Any report or other document which the Operating Partnership is required to mail, file or supply to any Person pursuant to clause (1), (2) or (3) of this Section 1016 may instead be sent to such reports, information Person by email if such Person shall have consented in writing (including by email) to email delivery and documents such email is sent to such Person at such email address as such Person may provide from time to time by notice to the Trustee is for informational purposes only and or, in the Trustee’s receipt case of such shall not constitute constructive notice clause (2) of any information contained therein or determinable from information contained thereinthis Section 1016, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled may provide from time to rely exclusively on Officers’ Certificates)time by notice to the Operating Partnership. ARTICLE 4 AMENDMENTS TO THE INDENTURE FOR THE BENEFIT OF THE HOLDERS OF THE NOTES

Provision of Financial Information. Whether In addition to and without limitation on the Company's obligations pursuant to Section 704, whether or not the Company is required to be subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission and provide to the Trustee the Company's (or if no such separate document exists, the Guarantor's) annual reports, quarterly reports and other documents which the Company (or the Guarantor) would have been required to file with the Commission pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company (or the Guarantor) were so subjectrequired, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company (or the Guarantor) would have been required so to file such documents if the Company were so subjectrequired. The Company shall also in any event (xa) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses have been provided to the Trustee or appear in the Security RegisterRegister and, without cost to such Holders, (ii) file with the Trustee copies of the Company's (or, if no such separate document exists, the Guarantor's) annual reports, quarterly reports and quarterly reports other documents which 109 the Company would have been required to file with the Commission pursuant to Section 13 13(a) or 15(d) of the Exchange Act or any successor provisions thereto if the Company (or the Guarantor) were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were be subject to such Sections and (yb) if filing such documents by the Company (or the Guarantor) with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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).

Provision of Financial Information. Whether or not the Company Issuer is subject to Section 13 or 15(d) of the Exchange ActAct and for so long as any Securities are outstanding, the Company shallIssuer will, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company Issuer would have been required to file with the Commission pursuant to such Section 13 or 15(d) (the "Financial Statements") if the Company Issuer were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company Issuer would have been required so to file such documents if the Company Issuer were so subject. The Company shall In addition, if the Issuer is no longer required to file with the Commission pursuant to Section 13 or 150) of Me Exchange Act, the Issuer will also in any event (x) within 15 days of after each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, Holders copies of the annual reports and quarterly reports which the Company Issuer would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Issuer were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company Issuer would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Issuer were subject to such Sections and (y) if filing such documents by the Company Issuer with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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).ARTICLE ELEVEN

Provision of Financial Information. Whether or not required by the Company is subject to Section 13 or 15(d) of the Exchange ActCommission, so long as any Notes are outstanding, the Company shall, will furnish to the extent permitted under the Exchange ActHolders of Notes, or file electronically with the Commission through the Commission’s Electronic Data Gathering, Analysis and Retrieval System (or any successor system), within the time periods specified in the Commission’s rules and regulations: (1) all quarterly and annual reports, quarterly reports and other documents which the Company financial information that would have been be required to file be contained in a filing with the Commission pursuant to such Section 13 or 15(d) on Forms 10-Q and 10-K if the Company were so subjectrequired to file such Forms, such documents including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, a report on the annual financial statements by the Company’s certified independent accountants; and (2) all current reports that would be required to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents Form 8-K if the Company were required to file such reports. In addition, whether or not required by the Commission, the Company will file a copy of all of the information and reports referred to in clauses (1) and (2) above with the Commission for public availability within the time periods specified in the Commission’s rules and regulations (unless the Commission will not accept such a filing) and make such information available to prospective investors. If the Commission will not accept the Company’s filings for any reason, the Company will post the reports referred to in the preceding paragraph on its website within the time periods that would apply if the Company were required to file those reports with the Commission. In addition, the Company and the Subsidiary Guarantors have agreed that, for so subjectlong as any Notes remain outstanding, they will furnish to the Holders and to prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries and/or if any Restricted Subsidiaries are not Guarantors, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto, and in “Management’s Discussion and Analysis of Financial Condition and Results of Operations,” of the financial condition and results of operations of (i) the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company and/or (ii) the Company and the Subsidiary Guarantors separate from the financial condition and results of operations of the other Subsidiaries of the Company. The Company shall also participate in any event quarterly conference calls after the delivery of the information referred to in clause (x1) within 15 days or (2) above (which may be a single conference call together with investors and lenders holding other securities or Debt of each Required Filing Date (i) if the Company is not then subject and/or its Restricted Subsidiaries) to Section 13 discuss operating results and related matters. The Company shall issue a press release or 15(dotherwise provide notice of such conference call in the same manner in which information was delivered pursuant to clause (1) and (2) above which will provide the date and time of any such call and will direct Holders, prospective investors and securities analysts to contact the investor relations office of the Exchange Act, transmit by mail Company to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery of such reports, information and documents obtain access 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)conference call.

Provision of Financial Information. (a) Whether or not required by the Company is subject to Section 13 or 15(d) of the Exchange ActCommission, so long as any Notes are outstanding, the Company shall, will furnish to the extent permitted under the Exchange ActHolders of Notes or file or furnish, file as applicable, electronically with the Commission through the Commission’s Electronic Data Gathering, Analysis and Retrieval System (or any successor system) or, if the Commission will not accept such a filing, otherwise make publicly available, within the time periods specified in the Commission’s rules and regulations, after giving effect to all applicable extensions and cure periods: (1) all quarterly and annual reports, quarterly reports and other documents which the Company financial information that would have been be required to file be contained in a filing with the Commission pursuant to such Section 13 or 15(d) on Forms 10-Q and 10-K if the Company were so subjectrequired to file such Forms, such documents including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, a report on the annual financial statements by the Company’s certified independent accountants; and (2) all current reports that would be required to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents Form 8-K if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) required to file such reports; provided, however, that if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file reports with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if (i.e., is a “voluntary filer”), the Company were subject reports described in clauses (1) and (2) of Section 4.03(a) hereof shall not be required to contain (i) any information that a voluntary filer would not be required to include in such Sectionsreports, or that would not be otherwise applicable to a voluntary filer, under the Commission’s rules and regulations and (ii) certain other disclosures relating to the Company’s controls and procedures, corporate governance, code of ethics, director independence, market for the Company’s equity securities and executive compensation. (b) In addition, whether or not required by the Commission, the Company, so long as any Notes are outstanding, will file with or furnish, as applicable, a copy of all of the Trustee copies information and reports referred to in clauses (1) and (2) of annual reports, quarterly reports and other documents which the Company would have been required to file Section 4.03(a) hereof with the Commission for public availability within the time periods specified in the Commission’s rules and regulations, after giving effect to all applicable extensions and cure periods (unless the Commission will not accept such a filing) or otherwise make such information publicly available to prospective investors. In addition, for so long as any Notes remain outstanding, the Company and the Guarantors will furnish to the Holders and to prospective investors, upon their request, the information, if any, required to be delivered pursuant to Section 13 Rule 144A(d)(4) under the Securities Act. The Company will be deemed to have made the reports or 15(dinformation pursuant to clauses (1) and (2) of Section 4.03(a) hereof publicly available, subject to the Exchange Act above-referenced exceptions, if the Company were subject to has posted such Sections and (y) if filing such documents by reports or information on the Company website with access to current and prospective investors. For purposes of this covenant, the Commission is not permitted under term “Company website” means the Exchange Act, promptly upon written request and payment collection of web pages that may be accessed on the reasonable cost of duplication and delivery, supply copies of World Wide Web using the URL address httx://xxx.xxxxxxxxxxxx.xxx xx such documents other address as the Company may from time to any prospective Holdertime designate in writing to the Trustee. Delivery of such reports, information and documents to the Trustee 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. Whether or not required by the Company is subject to Section 13 or 15(d) of the Exchange ActCommission, so long as any Notes are outstanding, the Company shall, Issuer will furnish without cost to the extent permitted under Trustee and the Exchange ActHolders of Notes, or file electronically with the Commission through the Commission’s Electronic Data Gathering, Analysis and Retrieval System (or any successor system), within 15 days after the time periods specified in the Commission’s rules and regulations: (1) all quarterly and annual reports, quarterly reports including financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and other documents which 10-K if the Company would have been Issuer were required to file such Forms, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the Commission pursuant to such Section 13 or 15(dannual information only, a report on the annual financial statements by the Issuer’s certified independent accountants; and (2) if the Company were so subject, such documents all current reports that would be required to be filed with the Commission on or prior to Form 8-K if the respective dates (the “Required Filing Dates”) by which the Company would have been Issuer were required so to file such documents if reports. Notwithstanding the Company were so subject. The Company shall also foregoing, (a) the Issuer may satisfy its obligations to deliver the information and reports referred to in any event clauses (x1) within 15 days of each Required Filing Date and (i2) if above by filing the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file same with the Commission for public availability within the time periods specified in the Commission’s rules and regulations (unless the Commission will not accept such a filing) and make such information available to prospective investors (b) unless required by the rules and regulations of the Commission, no certifications or attestations concerning disclosure controls and procedures or internal controls, and no certifications, that would otherwise be required pursuant to Section 13 or 15(d) the Xxxxxxxx-Xxxxx Act of the Exchange Act if the Company were 2002 will be required at any time when it would not otherwise be subject to such Sections, statute and (iic) file nothing contained in this Indenture shall otherwise require the Issuer to comply with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) terms of the Exchange Xxxxxxxx-Xxxxx Act if the Company were of 2002 at any time when it would not otherwise be subject to such Sections statute. In addition, the Issuer and (ythe Guarantors have agreed that, for so long as any Notes remain outstanding, they will furnish to the Holders and to prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) if filing such documents by the Company with the Commission is not permitted under the Exchange Securities Act, promptly upon written request and payment of . If the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Issuer has designated any of its covenants hereunder (Subsidiaries as Unrestricted Subsidiaries, then, to which the Trustee is entitled to rely exclusively extent such Unrestricted Subsidiaries constitute in the aggregate in excess of either 5.0% of the Issuer’s Consolidated Net Tangible Assets or 5.0% of the Issuer’s consolidated revenues, the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, either on Officers’ Certificates)the face of the financial statements or in the footnotes thereto, and in “Management’s Discussion and Analysis of Financial Condition and Results of Operations,” of the financial condition and results of operations of the Issuer and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Issuer.

Provision of Financial Information. Whether or not The Company will: (a) file with the Trustee, within 15 days after the Company is subject to Section 13 or 15(d) of the Exchange Act, the Company shall, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file them with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such HoldersCommission, copies of the annual reports and quarterly information, documents and other reports which the Company would have been may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to those Sections, then the Company will file with the Trustee copies of quarterly and annual financial statements and accompanying Item 303 of Regulation S-K disclosure that would be required to be contained in annual reports on Form 10-K and quarterly reports on Form 10-Q required to be filed with the Commission if the Company were subject to Section 13 or Section 15(d) of the Exchange Act if or any successor provision, within 15 days of the filing date that would be applicable to the Company were subject at that time pursuant to such Sections, applicable Commission rules and regulations; and (iib) file with the Trustee copies of annual reportsand the Commission, quarterly reports and other documents which the Company would have been required to file in accordance with the Commission pursuant rules and regulations prescribed from time to Section 13 or 15(d) of time by the Exchange Act if the Company were subject Commission, such additional information, documents and reports with respect to such Sections and (y) if filing such documents compliance by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request conditions and payment covenants of the reasonable cost Indenture as may be required from time to time by such rules and regulations. Reports, information and documents filed with the Commission via the XXXXX System will be deemed to be delivered to the Trustee as of duplication and delivery, supply copies the time of such filing via the XXXXX system for purposes of this Section 2.5; provided, however, that the Trustee shall have no obligation whatsoever to determine whether or not such information, documents to any prospective Holderor reports have been filed vis the XXXXX system. 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 the covenants hereunder contained in the Indenture relating to the Notes (as to which the Trustee is entitled to rely exclusively on an Officers’ CertificatesCertificate).