Common use of Provision of Financial Information Clause in Contracts

Provision of Financial Information. (a) For as long as the Notes are outstanding, the Parent will file with the Trustee, within 15 days after the Parent is required to file the same with the SEC, copies of the annual and quarterly reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) that the Parent may be required to file with the SEC pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Parent is not required to file information, documents or reports with the SEC pursuant to either Section 13 or Section 15(d) of the Exchange Act, the Parent will file with the Trustee and the SEC, in accordance with any other rules and regulations that may be prescribed from time to time by the SEC, such annual and quarterly reports and supplementary and periodic information, documents and reports that may be required pursuant to Section 13 of the Exchange Act, in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time by the SEC in such rules and regulations. (b) In addition to clause (a) above, for as long as the Notes are outstanding, if at any time the Parent is not subject to Section 13 or Section 15(d) of the Exchange Act and the Parent is not providing annual and quarterly reports and supplementary and periodic information, documents and reports to the SEC and the Trustee pursuant to the previous paragraph, the Parent will, at its option, either (i) post on a publicly available website or (ii) post on IntraLinks or any comparable password protected online data system requiring user identification and a confidentiality acknowledgement (a “Confidential Datasite”), 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, the quarterly and audited annual financial statements and accompanying disclosure described in Item 303 of Regulation S-K (“management’s discussion and analysis of financial condition and results of operations”) that would be required to be contained in annual reports on Form 10-K and quarterly reports on Form 10-Q, respectively, required to be filed with the SEC if the Parent were subject to Section 13(a) or Section 15(d) of the Exchange Act. If the Parent elects to furnish such reports via a Confidential Datasite, access to such Confidential Datasite will be provided promptly upon request to Holders and beneficial owners of, and bona fide potential investors in, the Notes as well as securities analysts and market makers and no such request for access to such Confidential Datasite will be unreasonably denied. (c) Reports and other documents filed by the Parent with the SEC and publicly available via the XXXXX system, a publicly available website or a Confidential Datasite will be deemed to be delivered to the Trustee as of the time such filing is publicly available via XXXXX, such publicly available website or such Confidential Datasite for purposes of this Section 6.5. 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 its compliance with any of its covenants under the Indenture relating to the Notes (as to which the Trustee is entitled to conclusively rely on an Officer’s Certificate). The Trustee shall not be obligated to monitor or confirm on a continuing basis or otherwise our compliance with the covenants or with respect to any reports or other documents filed with the SEC under the indenture. In addition, if the Company becomes an SEC filer, the reports of the Company will be deemed to satisfy this Section 6.5. (d) In the event that any direct or indirect parent company of the Parent becomes a guarantor of the Notes, the Parent may satisfy its obligations under this Section 6.5 to provide financial information of the Parent by furnishing the equivalent financial information relating to such parent; provided that such equivalent financial information is accompanied by consolidating financial information that explains in reasonable detail the differences between the information for such parent, on the one hand, and the information for the Parent and its consolidated subsidiaries, on the other hand.

Provision of Financial Information. For purposes of the Notes, pursuant to Section 301(15) of the Original Indenture, Section 703 of the Original Indenture is hereby amended by deleting such Section in its entirety and substituting in lieu thereof the following: (ai) For as so long as the any Notes are outstandingOutstanding, if the Issuer is subject to Section 13(a) or 15(d) of the Exchange Act or any successor provision, the Parent Issuer will deliver to the Trustee the annual reports, quarterly reports and other documents which the Issuer is required to file with the TrusteeCommission pursuant to Section 13(a) or 15(d) or any successor provision, within 15 days after the Parent is required to file date that the Issuer files the same with the SEC, copies of Commission. If the annual and quarterly reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) that the Parent may be required to file with the SEC pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Parent is not required to file information, documents or reports with the SEC pursuant to either Section 13 or Section 15(d) of the Exchange Act, the Parent will file with the Trustee and the SEC, in accordance with any other rules and regulations that may be prescribed from time to time by the SEC, such annual and quarterly reports and supplementary and periodic information, documents and reports that may be required pursuant to Section 13 of the Exchange Act, in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time by the SEC in such rules and regulations. (b) In addition to clause (a) above, for as long as the Notes are outstanding, if at any time the Parent Issuer is not subject to Section 13 13(a) or Section 15(d) of the Exchange Act or any successor provision, and for so long as any Notes are Outstanding, the Parent is not providing annual and quarterly reports and supplementary and periodic information, documents and reports Issuer will deliver to the SEC and the Trustee pursuant to the previous paragraph, the Parent will, at its option, either (i) post on a publicly available website or (ii) post on IntraLinks or any comparable password protected online data system requiring user identification and a confidentiality acknowledgement (a “Confidential Datasite”), 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, the quarterly and audited annual financial statements and accompanying disclosure described in Item 303 of Regulation S-K (“management’s discussion and analysis of financial condition and results of operations”) disclosure that would be required to be contained in annual reports on Form 10-K and quarterly reports on Form 10-Q, respectively, Q required to be filed with the SEC Commission if the Parent Issuer were subject to Section 13(a) or Section 15(d) of the Exchange Act. If Act or any successor provision, within 15 days of the Parent elects filing date that would be applicable to furnish such reports via a Confidential Datasite, access the Issuer at that time pursuant to such Confidential Datasite will be provided promptly upon request to Holders applicable SEC rules and beneficial owners of, and bona fide potential investors in, the Notes as well as securities analysts and market makers and no such request for access to such Confidential Datasite will be unreasonably deniedregulations. (cii) Reports and other documents filed by the Parent Issuer with the SEC Commission and publicly available via the XXXXX system, a publicly available system or on the Issuer’s website or a Confidential Datasite will be deemed to be delivered to the Trustee as of the time such filing is publicly available via XXXXX, such publicly available XXXXX or on the Issuer’s website or such Confidential Datasite for purposes of this Section 6.5covenant; provided, however, that the Trustee shall have no obligation whatsoever to determine whether or not such information, documents or reports have been filed or are publicly available via XXXXX or on the Issuer’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 its the Issuer’s compliance with any of its covenants under the Indenture relating to the Notes (as to which the Trustee is entitled to conclusively rely exclusively on an Officer’s Officers’ Certificate). The Trustee shall not be obligated to monitor or confirm on a continuing basis or otherwise our compliance with the covenants or with respect to any reports or other documents filed with the SEC under the indenture. In addition, if the Company becomes an SEC filer, the reports of the Company will be deemed to satisfy this Section 6.5. (d) In the event that any direct or indirect parent company of the Parent becomes a guarantor of the Notes, the Parent may satisfy its obligations under this Section 6.5 to provide financial information of the Parent by furnishing the equivalent financial information relating to such parent; provided that such equivalent financial information is accompanied by consolidating financial information that explains in reasonable detail the differences between the information for such parent, on the one hand, and the information for the Parent and its consolidated subsidiaries, on the other hand.

Provision of Financial Information. (a) For as The Parent shall, so long as the any Notes are outstanding, deliver to the Parent will file with the Trustee, Trustee within 15 days after the Parent is required to file the same it files them with the SEC, SEC copies of the annual and quarterly reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) that which the Parent may be is required to file with the SEC pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Parent is not required to file information, documents or reports with the SEC pursuant to either Section 13 or Section 15(d) of the Exchange Act, the Parent will file with the Trustee and the SEC, in accordance with any other rules and regulations that may be prescribed from time to time by the SEC, such annual and quarterly reports and supplementary and periodic information, documents and reports that may be required pursuant to Section 13 of the Exchange Act, in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time by the SEC in such rules and regulations. (b) In addition to clause (a) above, for as . For so long as the Notes are outstanding, if at any time the Parent is not subject to Section 13 or Section 15(d) the periodic reporting requirements of the Exchange Act and the Parent is not providing annual and quarterly reports and supplementary and periodic information, documents and reports to the SEC and the Trustee pursuant to the previous paragraphfor any reason, the Parent will, at its option, either (i1) post on a publicly available website or website, (ii2) post on IntraLinks or any comparable password protected online data system requiring user identification and a confidentiality acknowledgement (a “Confidential Datasite”)) or (3) deliver to the Trustee and the Holders of the Notes, in each case, 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, the quarterly and audited annual financial statements and accompanying disclosure described in Item 303 “Management’s Discussion and Analysis of Regulation S-K (“management’s discussion Financial Condition and analysis Results of financial condition and results of operations”) Operations” that would be have been required to be contained in annual reports on Form 10-K and quarterly reports on Form 10-Q, respectively, required to be filed with the SEC if had the Parent were been subject to Section 13(a) such Exchange Act reporting requirements. The Trustee shall have no obligation to determine whether or Section 15(d) of the Exchange Actnot such reports, information, statements or documents have been filed, posted or delivered. If the Parent elects to furnish such reports via a Confidential Datasite, access to such the Confidential Datasite will be provided promptly upon request to Holders and Holders, beneficial owners of, of and bona fide potential investors inin the Notes. Reports, the Notes as well as securities analysts information and market makers and no such request for access to such Confidential Datasite will be unreasonably denied. (c) Reports and other documents filed by the Parent with the SEC and publicly available via the XXXXX system, a publicly available website or a Confidential Datasite system will be deemed to be delivered to the Trustee as of the time of such filing is publicly available via XXXXX, such publicly available website or such Confidential Datasite XXXXX for purposes of this Section 6.5; provided, however, that the Trustee shall have no obligation whatsoever to determine whether or not such information, documents or reports have been filed 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 or actual notice of any information contained therein or determinable from information contained therein, including its the Company’s compliance with any of its covenants under the Indenture relating to the Notes (as to which the Trustee is entitled to conclusively rely exclusively on an Officer’s CertificateOfficers’ Certificates). The Trustee shall not be obligated to monitor or confirm on a continuing basis or otherwise our compliance with the covenants or with respect to any reports or other documents filed with the SEC under the indenture. In addition, if the Company becomes an SEC filer, the reports of the Company will be deemed to satisfy this Section 6.5. (d) In the event that any direct or indirect parent company of the Parent becomes a guarantor of the Notes, the Parent may satisfy its obligations under this Section 6.5 to provide financial information of the Parent by furnishing the equivalent financial information relating to such parent; provided that such equivalent financial information is accompanied by consolidating financial information that explains in reasonable detail the differences between the information for such parent, on the one hand, and the information for the Parent and its consolidated subsidiaries, on the other hand.

Provision of Financial Information. (aWhether or not the Parent Guarantor is subject to the reporting requirements of Section 13 or Section 15(d) For as long as of the Notes are outstandingExchange Act, to the extent not prohibited by the Exchange Act, the Parent Guarantor will file with the Trustee, within 15 days after the Parent is required to file the same with the SEC, copies and make available to the Trustee and the Holders of the Securities without cost to any Holder, the annual and quarterly reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) that the Parent may be required to file with the SEC pursuant to Section are specified in Sections 13 or Section 15(d) of the Exchange Act; or, if the Parent is not required to file information, documents or reports with the SEC pursuant to either Section 13 or Section 15(d) of the Exchange Act, the Parent will file with the Trustee and the SEC, in accordance with any other rules and regulations that may be prescribed from time to time by the SEC, such annual and quarterly reports and supplementary and periodic information, documents and reports that may be required pursuant to Section 13 of the Exchange Act, in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time by the SEC in such rules and regulations. (b) In addition to clause (a) above, for as long as the Notes are outstanding, if at any time the Parent is not subject to Section 13 or Section 15(d) of the Exchange Act and applicable to a U.S. corporation within the Parent is not providing annual and quarterly reports and supplementary and periodic information, documents and reports to the SEC and the Trustee pursuant to the previous paragraph, the Parent will, at its option, either (i) post on a publicly available website or (ii) post on IntraLinks or any comparable password protected online data system requiring user identification and a confidentiality acknowledgement (a “Confidential Datasite”), within 15 days of the filing date that would be applicable time periods specified therein with respect to a non-accelerated filer at filer. In the event that time the Parent Guarantor is not permitted to file such reports, documents and information with the SEC pursuant to applicable the Exchange Act, the Parent Guarantor will nevertheless make available such Exchange Act information to the Trustee and the Holders of the Securities without cost to any Holder as if the Parent Guarantor were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods specified therein with respect to a non-accelerated filer. This Section 3.10 will not impose any duty on the Parent Guarantor under the Xxxxxxxx-Xxxxx Act of 2002 and the related SEC rules and regulationsthat would not otherwise be applicable. If the Parent Guarantor has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and audited annual 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 disclosure described in Item 303 Management’s Discussion and Analysis of Regulation S-K (“management’s discussion Financial Condition and analysis Results of Operations, of the financial condition and results of operations”) that would be required to be contained in annual reports on Form 10-K and quarterly reports on Form 10-Q, respectively, required to be filed with the SEC if operations of the Parent were subject to Section 13(a) or Section 15(d) Guarantor and its Restricted Subsidiaries separate from the financial condition and results of operations of the Exchange Act. If Unrestricted Subsidiaries of the Parent elects to furnish such reports via a Confidential Datasite, access to such Confidential Datasite will be provided promptly upon request to Holders and beneficial owners of, and bona fide potential investors in, Guarantor. The availability of the Notes as well as securities analysts and market makers and no such request for access to such Confidential Datasite will be unreasonably denied. (c) Reports and other documents filed by foregoing materials on the SEC’s website or on the Parent with the SEC and publicly available via the XXXXX system, a publicly available Guarantor’s website or a Confidential Datasite will be deemed to be delivered to the Trustee as of the time such filing is publicly available via XXXXX, such publicly available website or such Confidential Datasite for purposes of this Section 6.5. 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 its compliance with any of its covenants under the Indenture relating to the Notes (as to which the Trustee is entitled to conclusively rely on an Officer’s Certificate). The Trustee shall not be obligated to monitor or confirm on a continuing basis or otherwise our compliance with the covenants or with respect to any reports or other documents filed with the SEC under the indenture. In addition, if the Company becomes an SEC filer, the reports of the Company will be deemed to satisfy this Section 6.5. (d) In the event that foregoing delivery obligations. For so long as any direct or indirect parent company Securities remain outstanding and constitute “restricted securities” under Rule 144, the Guarantors will furnished to the holders of the Parent becomes a guarantor of the NotesSecurities, and to securities analysts and prospective investors, upon their request, the Parent may satisfy its obligations information required to be delivered pursuant to Rule 144A(d)(4) under this Section 6.5 to provide financial information of the Parent by furnishing the equivalent financial information relating to such parent; provided that such equivalent financial information is accompanied by consolidating financial information that explains in reasonable detail the differences between the information for such parent, on the one hand, and the information for the Parent and its consolidated subsidiaries, on the other handSecurities Act.

Provision of Financial Information. The Guarantor will: (a) For as long as the Notes are outstanding, the Parent will file with the Trustee, within 15 fifteen (15) days after the Parent is required to file the same Guarantor files them with the SEC, copies of the annual and quarterly reports and the information, documents and other reports (or copies of such portions of any of which the foregoing as the SEC may from time to time by rules and regulations prescribe) that the Parent Guarantor may be required to file with the SEC pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Parent Guarantor is not required to file information, documents or reports with the SEC pursuant to either Section 13 or Section 15(d) of those sections, then the Exchange Act, the Parent Guarantor will file with the Trustee and the SEC, in accordance with any other rules and regulations that may be prescribed from time to time by the SEC, such annual and quarterly reports and of the supplementary and periodic information, documents and reports that may be required pursuant to which Section 13 of the Exchange Act, in Act may require with respect of to a security listed and registered on a national securities exchange as may be on or prior to the respective dates by which the Guarantor would have been required to so file such documents if it were so subject; and (b) file with the Trustee and the SEC, in accordance with the rules and regulations prescribed from time to time by the SEC in SEC, such rules and regulations. (b) In addition to clause (a) above, for as long as the Notes are outstanding, if at any time the Parent is not subject to Section 13 or Section 15(d) of the Exchange Act and the Parent is not providing annual and quarterly reports and supplementary and periodic additional information, documents and reports with respect to compliance by the SEC Guarantor with the conditions and the Trustee pursuant to the previous paragraph, the Parent will, at its option, either (i) post on a publicly available website or (ii) post on IntraLinks or any comparable password protected online data system requiring user identification and a confidentiality acknowledgement (a “Confidential Datasite”), within 15 days covenants of the filing date that would Indenture as may be applicable required from time to a non-accelerated filer at that time pursuant to applicable SEC by such rules and regulations. Reports, the quarterly information and audited annual financial statements and accompanying disclosure described in Item 303 of Regulation S-K (“management’s discussion and analysis of financial condition and results of operations”) that would be required to be contained in annual reports on Form 10-K and quarterly reports on Form 10-Q, respectively, required to be documents filed with the SEC if the Parent were subject to Section 13(a) or Section 15(d) of the Exchange Act. If the Parent elects to furnish such reports via a Confidential Datasite, access to such Confidential Datasite will be provided promptly upon request to Holders and beneficial owners of, and bona fide potential investors in, the Notes as well as securities analysts and market makers and no such request for access to such Confidential Datasite will be unreasonably denied. (c) Reports and other documents filed by the Parent with the SEC and publicly available via the XXXXX system, a publicly available website or a Confidential Datasite system will be deemed to be delivered to the Trustee as of the time of such filing is publicly available via XXXXX, such publicly available website or such Confidential Datasite XXXXX for purposes of this Section 6.5covenant; provided, however, that the Trustee shall have no obligation whatsoever to determine whether or not such information, documents or reports have been filed 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 its compliance with any of its the covenants under the Indenture relating to the Notes (as to which the Trustee is entitled to conclusively rely exclusively on an Officer’s Certificate). The Trustee shall not be obligated to monitor or confirm on a continuing basis or otherwise our compliance with the covenants or with respect to any reports or other documents filed with the SEC under the indenture. In addition, if the Company becomes an SEC filer, the reports of the Company will be deemed to satisfy this Section 6.5. (d) In the event that any direct or indirect parent company of the Parent becomes a guarantor of the Notes, the Parent may satisfy its obligations under this Section 6.5 to provide financial information of the Parent by furnishing the equivalent financial information relating to such parent; provided that such equivalent financial information is accompanied by consolidating financial information that explains in reasonable detail the differences between the information for such parent, on the one hand, and the information for the Parent and its consolidated subsidiaries, on the other hand.

Provision of Financial Information. (a) For as long as the Notes are outstanding, each of XX Xxxxx, the Parent Issuer and the Operating Partnership will file with the Trustee, within 15 days after the Parent such entity is required to file the same with the SEC, copies of the annual and quarterly reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) that the Parent such entity may be required to file with the SEC pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Parent such entity is not required to file information, documents or reports with the SEC pursuant to either Section 13 or Section 15(d) of the Exchange Actsuch sections, the Parent such entity will file with the Trustee and the SEC, in accordance with any other rules and regulations that may be prescribed from time to time by the SEC, such annual and quarterly reports and of the supplementary and periodic information, documents and reports that may be required pursuant to Section 13 of the Exchange Act, in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time by the SEC in such rules and regulations. (b) . In addition to clause (a) abovethe foregoing, for as long as the Notes are outstanding, if at any time the Parent Issuer is not subject to Section 13 or Section 15(d) of the Exchange Act and the Parent is not providing annual and quarterly reports and supplementary and periodic information, documents and reports to the SEC and the Trustee pursuant to the previous paragraph, the Parent Issuer will, at its option, either (i) post on a publicly available website or (ii) post on IntraLinks or any comparable password protected online data system requiring user identification and a confidentiality acknowledgement (a “Confidential Datasite”), 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, the quarterly and audited annual financial statements and accompanying disclosure described in Item 303 of Regulation S-K disclosure (“management’s discussion and analysis of financial condition and results of operations”) that would be required to be contained in annual reports on Form 10-K and quarterly reports on Form 10-Q, respectively, required to be filed with the SEC if the Parent Issuer were subject to Section 13(a) or Section 15(d) of the Exchange Act. If the Parent XX Xxxxx OP elects to furnish such reports via a Confidential Datasite, access to such the Confidential Datasite will be provided promptly upon request to Holders and Holders, beneficial owners of, of and bona fide potential investors in, in the Notes notes as well as securities analysts and market makers and no makers. Any such request for access report, information or document that XX Xxxxx, the Issuer or the Operating Partnership files with or furnish to such Confidential Datasite will be unreasonably denied. (c) Reports and other documents filed by the Parent with the SEC and publicly available via through the SEC’s XXXXX system, a publicly available website or a Confidential Datasite database will be deemed to be delivered to the Trustee as of the time such filing is publicly available via XXXXX, such publicly available website or such Confidential Datasite for purposes of this Section 6.5. 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 its compliance with any of its covenants under the Indenture relating to the Notes (as to which the Trustee is entitled to conclusively rely on an Officer’s Certificate). The Trustee shall not be obligated to monitor or confirm on a continuing basis or otherwise our compliance with the covenants or with respect to any reports or other documents filed with the SEC under Trustee for these purposes at the indenture. In addition, if time of such filing or furnishing through the Company becomes an SEC filer, the reports of the Company will be deemed to satisfy this Section 6.5SEC’s XXXXX database. (d) In the event that any direct or indirect parent company of the Parent becomes a guarantor of the Notes, the Parent may satisfy its obligations under this Section 6.5 to provide financial information of the Parent by furnishing the equivalent financial information relating to such parent; provided that such equivalent financial information is accompanied by consolidating financial information that explains in reasonable detail the differences between the information for such parent, on the one hand, and the information for the Parent and its consolidated subsidiaries, on the other hand.

Provision of Financial Information. (a) For as Whether or not required by the rules and regulations of the Commission, so long as the any Notes are outstanding, the Parent will file furnish to the Trustee: (1) all quarterly and annual reports that would be required to be filed with the TrusteeCommission on Forms 10-Q and 10-K if the Parent were required to file such reports; and (2) all current reports that would be required to be filed with the Commission on Form 8-K if the Parent were required to file such reports, in each case within 15 fifteen (15) days after the Parent is required to file the same such reports with the SEC, copies of Commission pursuant to the annual and quarterly reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by applicable rules and regulations prescribe) that the Parent may be required to file with the SEC pursuant to Section 13 or Section 15(d) of the Exchange Act; Commission (or, if the Parent is not required so subject to file information, documents or reports with the SEC pursuant to either Section 13 or Section 15(d) periodic reporting requirements of the Exchange Act, the Parent will file with the Trustee and the SEC, in accordance with any other rules and regulations that may be prescribed from time to time by the SEC, such annual and quarterly reports and supplementary and periodic information, documents and reports that may be required pursuant to Section 13 of the Exchange Act, in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time by the SEC in such rules and regulations. (b) In addition to clause (a) above, for as long as the Notes are outstanding, if at any time the Parent is not subject to Section 13 or Section 15(d) of the Exchange Act and the Parent is not providing annual and quarterly reports and supplementary and periodic information, documents and reports to the SEC and the Trustee pursuant to the previous paragraph, the Parent will, at its option, either (i) post on a publicly available website or (ii) post on IntraLinks or any comparable password protected online data system requiring user identification and a confidentiality acknowledgement (a “Confidential Datasite”), within 15 days of after the filing date that would be applicable to a non-accelerated filer at that time pursuant to applicable SEC rules and regulations, the quarterly and audited annual financial statements and accompanying disclosure described in Item 303 of Regulation S-K (“management’s discussion and analysis of financial condition and results of operations”) that Parent would be required to be contained in annual file such reports on Form 10-K with the Commission pursuant to the applicable rules and quarterly reports on Form 10-Qregulations of the Commission had the Parent been so subject). Reports, respectively, required to be information and documents filed with the SEC if the Parent were subject to Section 13(a) or Section 15(d) of the Exchange Act. If the Parent elects to furnish such reports via a Confidential Datasite, access to such Confidential Datasite will be provided promptly upon request to Holders and beneficial owners of, and bona fide potential investors in, the Notes as well as securities analysts and market makers and no such request for access to such Confidential Datasite will be unreasonably denied. (c) Reports and other documents filed by the Parent with the SEC and publicly available Commission via the XXXXX systemCommission’s Electronic Data Gathering, a publicly available website or a Confidential Datasite Analysis and Retrieval system (“XXXXX”) will be deemed to be delivered furnished to the Trustee as of the time of such filing is publicly available via XXXXX, such publicly available website or such Confidential Datasite XXXXX for purposes of this Section 6.5covenant; provided, however, that the Trustee shall have no obligation whatsoever to determine whether or not such information, documents or reports have been filed 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 its the Issuer’s compliance with any of its covenants under the Indenture relating to the Notes (as to which the Trustee is entitled to conclusively rely exclusively on an Officerofficer’s Certificatecertificate). The Trustee shall not be obligated Following the consummation of the Exchange Offer contemplated by the Registration Rights Agreement, the Issuer will file a copy of each of the reports referred to monitor or confirm on a continuing basis or otherwise our compliance in clauses (1) and (2) above with the covenants or with respect Commission for public availability within the time periods specified in the rules and regulations applicable to any such reports or other documents filed (unless the Commission will not accept such a filing) and will make the reports available on its website within fifteen (15) days after it files such reports with the SEC under the indenture. In addition, if the Company becomes an SEC filer, the reports of the Company will be deemed to satisfy this Section 6.5Commission. (db) In For so long as any Notes remain outstanding, if at any time they are not required to file with the event that any direct or indirect parent company Commission the reports required by paragraph (a) of the Parent becomes a guarantor of the Notesthis Section 4.06, the Parent may satisfy its obligations under this Section 6.5 Issuer and the Guarantors will furnish to provide financial information of the Parent by furnishing the equivalent financial information relating Holders and to such parent; provided that such equivalent financial information is accompanied by consolidating financial information that explains in reasonable detail the differences between prospective investors, upon their request, the information for such parent, on required to be delivered pursuant to Rule 144A(d)(4) under the one hand, and the information for the Parent and its consolidated subsidiaries, on the other handSecurities Act.

Provision of Financial Information. (a) For as long as Whether or not the Notes are outstanding, the Parent will file with the Trustee, within 15 days after the Parent Operating Partnership is required to file the same with the SEC, copies of the annual and quarterly reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) that the Parent may be required to file with the SEC pursuant subject to Section 13 or Section 15(d) of the Exchange Act; or, if for so long as any Securities are Outstanding under this Indenture, the Parent is not Operating Partnership shall, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which it would have been required to file information, documents or reports with the SEC Commission pursuant to either Section 13 or 15(d) of the Exchange Act if it were so subject, on or prior to the 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 Parent will Operating Partnership shall, not later than 15 days after each Required Filing Date, transmit by mail to all Holders of Outstanding Securities under this Indenture, as their names and addresses appear in the Security Register for the Securities, without cost to such holders, copies of the annual reports, quarterly reports and other documents which it would have been required to file with the Trustee and the SEC, in accordance with any other rules and regulations that may be prescribed from time to time by the SEC, such annual and quarterly reports and supplementary and periodic information, documents and reports that may be required Commission pursuant to Section 13 of the Exchange Act, in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time by the SEC in such rules and regulations. (b) In addition to clause (a) above, for as long as the Notes are outstanding, if at any time the Parent is not subject to Section 13 or Section 15(d) of the Exchange Act and if it were subject to such Sections; provided that the Parent is Operating Partnership shall not providing annual and quarterly reports and supplementary and periodic information, documents and reports to the SEC and the Trustee pursuant to the previous paragraph, the Parent will, at its option, either (i) post on a publicly available website or (ii) post on IntraLinks or any comparable password protected online data system requiring user identification and a confidentiality acknowledgement (a “Confidential Datasite”), 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, the quarterly and audited annual financial statements and accompanying disclosure described in Item 303 of Regulation S-K (“management’s discussion and analysis of financial condition and results of operations”) that would be required to be contained mail any such report or other document to Holders of Securities 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 annual the United States of America) announcing the availability of such reports and other documents on Form 10-K such website and quarterly reports on Form 10-Qproviding the internet address of such website); (2) the Operating Partnership shall, respectively, required to be filed with the SEC if the Parent were whether or not it is subject to Section 13(a) 13 or Section 15(d) of the Exchange Act. If , not later than 15 days after each Required Filing Date, file with the Parent elects to furnish such Trustee copies of the annual reports, quarterly reports via a Confidential Datasite, access to such Confidential Datasite will be provided promptly upon request to Holders and beneficial owners of, and bona fide potential investors in, the Notes as well as securities analysts and market makers and no such request for access to such Confidential Datasite will be unreasonably denied. (c) Reports and other documents filed by the Parent which it would have been required to file with the SEC 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 report or other document required by any of the 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 reasonable costs of duplication and delivery, supply copies of such report or other document to any prospective Holder of Securities (or, in the case of a Global Security evidencing any Securities, 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 via on the XXXXX systemCommission’s or the Operating Partnership’s website. Any report or other document which the Operating Partnership is required to mail, a publicly available website file or a Confidential Datasite will supply to any Person pursuant to clause (1), (2) or (3) of this Section 1016 may instead be deemed sent to be delivered such Person by email if such Person shall have consented in writing (including by email) to email delivery and 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 as or, in the case of the time such filing is publicly available via XXXXX, such publicly available website or such Confidential Datasite for purposes clause (2) of this Section 6.5. Delivery of such reports1016, information and documents as the Trustee may provide from time to time by notice 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 its compliance with any of its covenants under the Indenture relating to the Notes (as to which the Trustee is entitled to conclusively rely on an Officer’s Certificate). The Trustee shall not be obligated to monitor or confirm on a continuing basis or otherwise our compliance with the covenants or with respect to any reports or other documents filed with the SEC under the indenture. In addition, if the Company becomes an SEC filer, the reports of the Company will be deemed to satisfy this Section 6.5Operating Partnership. (d) In the event that any direct or indirect parent company of the Parent becomes a guarantor of the Notes, the Parent may satisfy its obligations under this Section 6.5 to provide financial information of the Parent by furnishing the equivalent financial information relating to such parent; provided that such equivalent financial information is accompanied by consolidating financial information that explains in reasonable detail the differences between the information for such parent, on the one hand, and the information for the Parent and its consolidated subsidiaries, on the other hand.

Provision of Financial Information. (a) For as long as Whether or not the Notes are outstanding, Company is subject to the Parent will file with the Trustee, within 15 days after the Parent is required to file the same with the SEC, copies reporting requirements of the annual and quarterly reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) that the Parent may be required to file with the SEC pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Parent is not required to file information, documents or reports with the SEC pursuant to either Section 13 or Section 15(d) of the Exchange Act, the Parent Company will file with deliver to the Trustee and and, upon written request, the SEC, in accordance with any other rules and regulations that may be prescribed from time to time by the SEC, such annual and quarterly reports and supplementary and periodic information, documents and reports that may be required pursuant to Section 13 of the Exchange Act, in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time by the SEC in such rules and regulations.Holders: (b1) In addition to clause (a) above, for as long as the Notes are outstanding, if at any time the Parent is not subject to Section 13 or Section 15(d) of the Exchange Act and the Parent is not providing annual and quarterly reports and supplementary and periodic information, documents and reports to the SEC and the Trustee pursuant to the previous paragraph, the Parent will, at its option, either (i) post on a publicly available website or (ii) post on IntraLinks or any comparable password protected online data system requiring user identification and a confidentiality acknowledgement (a “Confidential Datasite”), 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, the all quarterly and audited annual financial statements and accompanying disclosure described in Item 303 of Regulation S-K (“management’s discussion and analysis of financial condition and results of operations”) information that would be required to be contained in annual reports a filing with the SEC on Form Forms 10-Q and 10-K if the Company was required to file such forms, including, but not limited to, a “Management’s Discussion and quarterly 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 on Form 10-Q, respectively, that would be required to be filed with the SEC on Form 8-K if the Parent Company was required to file such reports. (b) In the event that the Company is not required to file such reports, documents and information with the SEC pursuant to the Exchange Act, the Company will nevertheless deliver such Exchange Act information to the Trustee and the Holders as if the Company were subject to the reporting requirements of Section 13(a13 or 15(d) of the Exchange Act (1) in the case of quarterly reports, within 15 days after the time period specified in the SEC’s rules and regulations and (2) in the case of annual reports, within 30 days after the time period specified in the SEC’s rules and regulations. The posting of such reports, documents and information to the SEC’s or the Company’s website shall constitute delivery of such information to the Trustee and the Holders. In addition, in the event the Company and Cogent Holdco are not required to file reports under Section 13 or 15(d) of the Exchange Act. If , the Parent elects Company will hold a quarterly conference call with Holders, qualified prospective investors and securities analysts to furnish discuss the information contained in the annual and quarterly reports required hereunder not later than ten Business Days following the time the Company furnishes such reports via a Confidential Datasite, access to such Confidential Datasite will be provided promptly upon request to Holders and beneficial owners of, and bona fide potential investors in, the Notes as well as securities analysts and market makers and no such request for access to such Confidential Datasite will be unreasonably deniedTrustee. (c) Reports If the Company has designated as Unrestricted Subsidiaries any of its Subsidiaries that is a Significant Subsidiary or that, when taken together with all other Unrestricted Subsidiaries, would be a Significant Subsidiary, then the quarterly and other documents filed annual financial information required by this Section 4.12 will include a reasonably detailed presentation (which need not be audited or reviewed by the Parent with auditors), either on the SEC face of the financial statements or in the footnotes thereto, and publicly available via in “Management’s Discussion and Analysis of Financial Condition and Results of Operations,” of the XXXXX systemfinancial condition and results of operations of the Company and the Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries. (d) So long as any Notes remain outstanding the Company and the Guarantors shall furnish to the Holders and to prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4). (e) Notwithstanding the foregoing clauses (a) through (d), for so long as the Company is a publicly available website wholly owned Subsidiary of Cogent Holdco, the financial statements referred to above may be the financial statements of Cogent Holdco or a Confidential Datasite Subsidiary so long as reasonably detailed information (which need not be audited or reviewed by the auditors) is provided showing the assets, liabilities and operating results that are not attributable to the Company and its Subsidiaries. (f) The Company will be deemed to be delivered have satisfied the information and reporting requirements of Section 4.12(a) with respect to the Holders if (a) the Company or a Subsidiary or a direct or indirect parent has filed such reports containing such information (including the information required pursuant to Section 4.12(e), which, for the avoidance of doubt, need not be filed with the SEC via EXXXX to the extent it is otherwise provided to Holders pursuant to this Section 4.12) with the SEC via the EXXXX (or a successor) filing system or (b) the Company or such Subsidiary or such parent has made such reports available electronically (including by posting to a non-public, password-protected website as provided above) pursuant to this Section 4.12. (g) The Trustee as shall have no duty to determine if any of the time such filing is publicly available via XXXXX, such publicly available website or such Confidential Datasite for purposes of this Section 6.5filings described above have been made. Delivery of such reports, information and documents to the Trustee under this Indenture is for informational purposes only and the Trustee’s receipt of the foregoing shall not constitute actual or constructive notice of any information contained therein, or determinable from information contained therein, including the Company’s compliance with any of its covenants under this Indenture (as to which the Trustee is entitled to rely exclusively on an Officer’s Certificate). The Trustee shall have no duty to review or analyze reports delivered to it. (h) Delivery of reports, information and documents to the Trustee pursuant to this Section 4.13 is for informational purposes only and the Trustee’s receipt of such shall not constitute actual or constructive notice of any information contained therein or determinable from information contained therein, including its the Company’s compliance with any of its covenants under the Indenture relating to the Notes hereunder (as to which the Trustee is entitled to conclusively rely exclusively on an Officer’s Certificate). The Trustee shall not be obligated to monitor or confirm on a continuing basis or otherwise our compliance with the covenants or with respect to any reports or other documents filed with the SEC under the indenture. In addition, if the Company becomes an SEC filer, the reports of the Company will be deemed to satisfy this Section 6.5. (d) In the event that any direct or indirect parent company of the Parent becomes a guarantor of the Notes, the Parent may satisfy its obligations under this Section 6.5 to provide financial information of the Parent by furnishing the equivalent financial information relating to such parent; provided that such equivalent financial information is accompanied by consolidating financial information that explains in reasonable detail the differences between the information for such parent, on the one hand, and the information for the Parent and its consolidated subsidiaries, on the other hand.

Provision of Financial Information. (a) For as So long as any Securities are Outstanding, if at any time (1) the Notes are outstanding, General Partner is not subject to the Parent will file with the Trustee, within 15 days after the Parent is required to file the same with the SEC, copies of the annual and quarterly reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) that the Parent may be required to file with the SEC pursuant to Section 13 or Section 15(d) periodic reporting requirements of the Exchange Act; or, if Act for any reason or (2) the Parent is Issuer and the Guarantors (other than the General Partner) are no longer permitted to include summarized financial information in the General Partner’s filings under the Exchange Act and are not required subject to file information, documents or reports with the SEC pursuant to either Section 13 or Section 15(d) periodic reporting requirements of the Exchange Act, the Parent will file with the Trustee Issuer and the SEC, in accordance with any other rules and regulations that may be prescribed from time to time by the SEC, such annual and quarterly reports and supplementary and periodic information, documents and reports that may be required pursuant to Section 13 of the Exchange Act, in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time by the SEC in such rules and regulations. (b) In addition to clause (a) above, for as long as the Notes are outstanding, if at any time the Parent is not subject to Section 13 or Section 15(d) of the Exchange Act and the Parent is not providing annual and quarterly reports and supplementary and periodic information, documents and reports to the SEC and the Trustee pursuant to the previous paragraph, the Parent willGuarantors shall, at its their option, either (i) post on a publicly available website or 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 Trustee and the Holders of the Securities of any series then Outstanding, in each case within 15 days of the filing date that would be applicable to a non-accelerated filer at that time pursuant to applicable SEC Commission rules and regulations, the quarterly and audited annual financial statements and accompanying disclosure described in Item 303 “Management’s Discussion and Analysis of Regulation S-K (“management’s discussion Financial Condition and analysis Results of financial condition and results of operations”) Operations” that would be have been required to be contained in annual reports on Form 10-K and quarterly reports on Form 10-Q, respectively, required to be filed with had the SEC if the Parent were Issuer and such Guarantors been subject to Section 13(a) such Exchange Act periodic reporting requirements. The Trustee shall have no obligation to determine whether or Section 15(d) of the Exchange Act. If the Parent elects to furnish not such reports via a Confidential Datasitereports, access to such Confidential Datasite will be provided promptly upon request to Holders and beneficial owners ofinformation, and bona fide potential investors instatements or documents have been filed, the Notes as well as securities analysts and market makers and no such request for access to such Confidential Datasite will be unreasonably denied. (c) Reports and other documents filed by the Parent with the SEC and publicly available via the XXXXX system, a publicly available website posted or a Confidential Datasite will be deemed to be delivered to the Trustee as of the time such filing is publicly available via XXXXX, such publicly available website or such Confidential Datasite for purposes of this Section 6.5delivered. Delivery of such reports, information information, statements 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 its compliance with any of its the covenants under the contained in this Indenture relating to the Notes (as to which the Trustee is entitled to conclusively rely exclusively on an Officer’s Certificate)Officers’ Certificates. The Trustee If the Issuer elects to furnish such reports via a Confidential Datasite, access to the Confidential Datasite shall not be obligated provided upon request to monitor or confirm on a continuing basis or otherwise our compliance with Holders and beneficial owners of, and bona fide potential investors in, the covenants or with respect to any reports or other Securities of such series. Reports, information and documents filed with the SEC under Commission via the indenture. In addition, if the Company becomes an SEC filer, the reports of the Company will XXXXX system shall be deemed to satisfy this Section 6.5. (d) In be delivered to the event that any direct or indirect parent company Trustee as of the Parent becomes a guarantor time of such filing via XXXXX for purposes of this covenant; provided, however, that the NotesTrustee shall have no obligation whatsoever to determine whether or not such information, the Parent may satisfy its obligations under this Section 6.5 to provide financial information of the Parent by furnishing the equivalent financial information relating to such parent; provided that such equivalent financial information is accompanied by consolidating financial information that explains in reasonable detail the differences between the information for such parent, on the one hand, and the information for the Parent and its consolidated subsidiaries, on the other handdocuments or reports have been filed via XXXXX.

Provision of Financial Information. The Issuer will deliver to each Holder (a) For as long as quarterly unaudited consolidated financial statements (including statements of income and cash flow and a consolidated balance sheet), in comparative form, of the Notes are outstandingIssuer and its Subsidiaries within 60 days of the end of each of the first three fiscal quarters, (b) annual audited consolidated financial statements of the Parent will file Issuer and its Subsidiaries within 105 days of the end of each fiscal year, (c) together with the Trusteestatements delivered under (a) and (b) above, certification from an officer of the Issuer ranking at the level of a Senior Vice President or above and having responsibility for financial information as fairly presenting in all material respects the financial position and results of operations of the Issuer and its Subsidiaries, (d) together with the statements delivered under (a) above, a certificate from an officer of the Issuer ranking at the level of Senior Vice President or above and having responsibility for financial information showing compliance with the provisions of restrictive covenants and indicating whether or not the Issuer is aware of any defaults, (e) together with the statements delivered under (b) above, a certificate from the Issuer's accountants showing compliance with the provisions of restrictive covenants and indicating whether or not they became aware of any defaults during their audit, (f) copies of all public documents sent by the Issuer to public securities holders or filed by the Issuer with the Commission within 15 days after the Parent is required to file the same with the SECdelivery or filing of such documents, copies and (g) notice within ten business days, after an officer of the annual Issuer ranking at the level of a Senior Vice President or above and quarterly reports and having responsibility for financial information becomes aware of the information, documents and other reports (or copies of such portions existence of any Default or Event of Default, specifying the foregoing as nature and period of existence thereof and what action the SEC may from time Issuer is taking or proposes to time by rules and regulations prescribe) that take with respect thereto. Once the Parent may be required Issuer becomes subject to file with the SEC pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Parent is not required to file information, documents or reports with the SEC pursuant to either Section 13 or Section 15(d) of the Exchange Act, the Parent quarterly and annual consolidated financial statements referred to above will file with the Trustee and the SEC, in accordance with any other rules and regulations that may be prescribed from time deemed to time by the SEC, such annual and quarterly reports and supplementary and periodic information, documents and reports that may be required pursuant to Section 13 of the Exchange Act, in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time by the SEC in such rules and regulations. (b) In addition to clause (a) above, for as long as the Notes are outstanding, if at any time the Parent is not subject to Section 13 or Section 15(d) of the Exchange Act and the Parent is not providing annual and quarterly reports and supplementary and periodic information, documents and reports refer to the SEC and the Trustee pursuant to the previous paragraph, the Parent will, at its option, either (i) post on a publicly available website or (ii) post on IntraLinks or any comparable password protected online data system requiring user identification and a confidentiality acknowledgement (a “Confidential Datasite”), 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, the quarterly and audited annual financial statements and accompanying disclosure described in Item 303 of Regulation S-K (“management’s discussion and analysis of financial condition and results of operations”) that would be required to be contained in annual reports on Form 10-K and Issuer's quarterly reports on Form 10-Q, annual reports on Form 10-K or current reports on Form 8-K, respectively, required to be filed with the SEC if the Parent were subject to Section 13(a) or Section 15(d) of the Exchange Act. If the Parent elects to furnish such reports via a Confidential Datasite, access to such Confidential Datasite will be provided promptly upon request to Holders and beneficial owners of, and bona fide potential investors in, the Notes as well as securities analysts and market makers and no such request for access to such Confidential Datasite will be unreasonably denied. (c) Reports and other documents filed by the Parent with the SEC and publicly available via the XXXXX system, a publicly available website or a Confidential Datasite will be deemed to be delivered to the Trustee as of the time such filing is publicly available via XXXXX, such publicly available website or such Confidential Datasite for purposes of this Section 6.5. 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 its compliance with any of its covenants under the Indenture relating to the Notes (as to which the Trustee is entitled to conclusively rely on an Officer’s Certificate). The Trustee shall not be obligated to monitor or confirm on a continuing basis or otherwise our compliance with the covenants or with respect to any reports or other documents filed with the SEC under the indenture. In addition, if the Company becomes an SEC filer, the reports of the Company will be deemed to satisfy this Section 6.5. (d) In the event that any direct or indirect parent company of the Parent becomes a guarantor of the Notes, the Parent may satisfy its obligations under this Section 6.5 to provide financial information of the Parent by furnishing the equivalent financial information relating to such parent; provided that such equivalent financial information is accompanied by consolidating financial information that explains in reasonable detail the differences between the information for such parent, on the one hand, and the information for the Parent and its consolidated subsidiaries, on the other hand.

Provision of Financial Information. (a) For as long as Whether or not the Notes are outstanding, Company is subject to the Parent will file with the Trustee, within 15 days after the Parent is required to file the same with the SEC, copies reporting requirements of the annual and quarterly reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) that the Parent may be required to file with the SEC pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Parent is not required to file information, documents or reports with the SEC pursuant to either Section 13 or Section 15(d) of the Exchange Act, the Parent Company will file with deliver to the Trustee and and, upon written request, the SEC, in accordance with any other rules and regulations that may be prescribed from time to time by the SEC, such annual and quarterly reports and supplementary and periodic information, documents and reports that may be required pursuant to Section 13 of the Exchange Act, in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time by the SEC in such rules and regulations.Holders: (b1) In addition to clause (a) above, for as long as the Notes are outstanding, if at any time the Parent is not subject to Section 13 or Section 15(d) of the Exchange Act and the Parent is not providing annual and quarterly reports and supplementary and periodic information, documents and reports to the SEC and the Trustee pursuant to the previous paragraph, the Parent will, at its option, either (i) post on a publicly available website or (ii) post on IntraLinks or any comparable password protected online data system requiring user identification and a confidentiality acknowledgement (a “Confidential Datasite”), 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, the all quarterly and audited annual financial statements and accompanying disclosure described in Item 303 of Regulation S-K (“management’s discussion and analysis of financial condition and results of operations”) information that would be required to be contained in annual reports a filing with the SEC on Form Forms 10-Q and 10-K if the Company was required to file such forms, including, but not limited to, a “Management’s Discussion and quarterly 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 on Form 10-Q, respectively, that would be required to be filed with the SEC on Form 8-K if the Parent Company was required to file such reports. (b) In the event that the Company is not required to file such reports, documents and information with the SEC pursuant to the Exchange Act, the Company will nevertheless deliver such Exchange Act information to the Trustee and the Holders as if the Company were subject to the reporting requirements of Section 13(a13 or 15(d) of the Exchange Act (1) in the case of quarterly reports, within 15 days after the time period specified in the SEC’s rules and regulations and (2) in the case of annual reports, within 30 days after the time period specified in the SEC’s rules and regulations. The posting of such reports, documents and information to the SEC’s or the Company’s website shall constitute delivery of such information to the Trustee and the Holders. In addition, in the event the Company and Cogent Holdco are not required to file reports under Section 13 or 15(d) of the Exchange Act. If , the Parent elects Company will hold a quarterly conference call with Holders, qualified prospective investors and securities analysts to furnish discuss the information contained in the annual and quarterly reports required hereunder not later than 10 Business Days following the time the Company furnishes such reports via a Confidential Datasite, access to such Confidential Datasite will be provided promptly upon request to Holders and beneficial owners of, and bona fide potential investors in, the Notes as well as securities analysts and market makers and no such request for access to such Confidential Datasite will be unreasonably deniedTrustee. (c) Reports If the Company has designated as Unrestricted Subsidiaries any of its Subsidiaries that is a Significant Subsidiary or that, when taken together with all other Unrestricted Subsidiaries, would be a Significant Subsidiary, then the quarterly and other documents filed annual financial information required by this Section 4.12 will include a reasonably detailed presentation (which need not be audited or reviewed by the Parent with auditors), either on the SEC face of the financial statements or in the footnotes thereto, and publicly available via in “Management’s Discussion and Analysis of Financial Condition and Results of Operations,” of the XXXXX systemfinancial condition and results of operations of the Company and the Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries. (d) So long as any Notes remain outstanding, the Issuers and the Guarantors shall furnish to the Holders and to prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4). (e) Notwithstanding the foregoing clauses (a) through (d), for so long as the Company is a publicly available website wholly owned Subsidiary of Cogent Holdco, the financial statements referred to above may be the financial statements of Cogent Holdco or a Confidential Datasite Subsidiary so long as reasonably detailed information (which need not be audited or reviewed by the auditors) is provided showing the assets, liabilities and operating results that are not attributable to the Company and its Subsidiaries. (f) The Company will be deemed to be delivered have satisfied the information and reporting requirements of Section 4.12(a) with respect to the Holders if (a) the Company or a Subsidiary or a direct or indirect parent has filed such reports containing such information (including the information required pursuant to Section 4.12(e), which, for the avoidance of doubt, need not be filed with the SEC via EXXXX to the extent it is otherwise provided to Holders pursuant to this Section 4.12) with the SEC via the EXXXX (or a successor) filing system or (b) the Company or such Subsidiary or such parent has made such reports available electronically (including by posting to a non-public, password-protected website as provided above) pursuant to this Section 4.12. (g) The Trustee as shall have no duty to determine if any of the time such filing is publicly available via XXXXX, such publicly available website or such Confidential Datasite for purposes of this Section 6.5filings described above have been made. Delivery of such reports, information and documents to the Trustee under this Indenture 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 therein, or determinable from information contained therein, including its the Company’s compliance with any of its covenants under the this Indenture relating to the Notes (as to which the Trustee is entitled to conclusively rely exclusively on an Officer’s Certificate). The Trustee shall not be obligated have no duty to monitor review or confirm on a continuing basis or otherwise our compliance with the covenants or with respect analyze reports delivered to any reports or other documents filed with the SEC under the indenture. In addition, if the Company becomes an SEC filer, the reports of the Company will be deemed to satisfy this Section 6.5it. (d) In the event that any direct or indirect parent company of the Parent becomes a guarantor of the Notes, the Parent may satisfy its obligations under this Section 6.5 to provide financial information of the Parent by furnishing the equivalent financial information relating to such parent; provided that such equivalent financial information is accompanied by consolidating financial information that explains in reasonable detail the differences between the information for such parent, on the one hand, and the information for the Parent and its consolidated subsidiaries, on the other hand.

Provision of Financial Information. (a) For as So long as the Notes are outstandingoutstanding and whether or not required by the Commission, the Parent Guarantor and the Issuer will file with furnish to the Trustee, Trustee within 15 days after of the time periods specified in the Commission's rules and regulations: (i) all annual and quarterly financial information that would be required to be contained in filings with the Commission on Forms 10-K and 10-Q if the Parent is Guarantor and the Issuer were required to file those filings, including a related "Management's Discussion and Analysis of Financial Condition and Results of Operations" and, with respect to the same with annual information only, a report on the SEC, copies annual financial statements by the certified independent accountants of the annual and quarterly reports Parent Guarantor and the information, documents Issuer; and other (ii) all current reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) that the Parent may would be required to file be filed with the SEC pursuant to Section 13 or Section 15(d) of the Exchange Act; or, Commission on Form 8-K if the Parent is not Guarantor and the Issuer were required to file information, documents such reports. (b) If the Parent Guarantor or reports with the SEC pursuant Issuer is not subject to either Section Sections 13 or Section and 15(d) of the Exchange Act, the Parent Guarantor or the Issuer, as the case may be, will file with (A) furnish to the Trustee and holders of the SECNotes, in accordance with any other rules and regulations that may be prescribed from time without cost to time by such holders, a copy of the SEC, such annual and quarterly reports and supplementary and periodic information, documents information and reports that may be required pursuant referred to Section 13 of the Exchange Act, in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time by the SEC in such rules and regulations. (b) In addition to clause (a) above, for as long as the Notes are outstanding, if at any time the Parent is not subject to Section 13 or Section 15(d) of the Exchange Act and the Parent is not providing annual and quarterly reports and supplementary and periodic information, documents and reports to the SEC and the Trustee pursuant to the previous paragraph, the Parent will, at its option, either (i) post on a publicly available website or (ii) post on IntraLinks or any comparable password protected online data system requiring user identification and a confidentiality acknowledgement (a “Confidential Datasite”), above within 15 days of the filing date that would be applicable to a non-accelerated filer at that time pursuant to applicable SEC periods specified in the Commission's rules and regulations, and (B) upon written request and payment of the quarterly reasonable cost of duplication and audited annual financial statements delivery, promptly supply to any prospective holder of the debt securities a copy of the information and accompanying disclosure described reports referred to in Item 303 clause (a). In addition, whether or not required by the Commission, the Parent Guarantor and the Issuer will file a copy of Regulation S-K (“management’s discussion the information and analysis of financial condition and results of operations”) that would be required reports referred to be contained in annual reports on Form 10-K and quarterly reports on Form 10-Q, respectively, required to be filed above with the SEC if 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). The Parent were subject to Section 13(a) or Section 15(d) of Guarantor and the Exchange Act. If the Parent elects to furnish such reports via a Confidential Datasite, access to such Confidential Datasite will be provided promptly upon request to Holders and beneficial owners of, and bona fide potential investors in, the Notes as well as securities analysts and market makers and no such request for access to such Confidential Datasite will be unreasonably denied. (c) Reports and other documents filed by the Parent with the SEC and publicly available via the XXXXX system, a publicly available website or a Confidential Datasite Issuer will be deemed to be delivered have satisfied the obligation to deliver the Trustee foregoing financial information if the information is filed on the Commission's EDGAR system in the timeframes otherwise applicable for delivery to txx Xxustee, to Holders or prospective Holders, as of the time such filing is publicly available via XXXXX, such publicly available website or such Confidential Datasite for purposes of this Section 6.5case may be. Delivery of such reports, information and documents to the Trustee is shall be for informational information purposes only and the Trustee’s 's receipt of such shall not not, in the absence of gross negligence, bad faith or willful misconduct on its part, constitute constructive notice of any information contained therein or determinable from information contained therein, including its each of the Issuer's and Parent Guarantor's compliance with any of its covenants under the Indenture relating to the Notes hereunder (as to which the Trustee is entitled to conclusively rely exclusively on an Officer’s CertificateOfficers' Certificates). The Trustee shall not be obligated to monitor or confirm on a continuing basis or otherwise our compliance with the covenants or with respect to any reports or other documents filed with the SEC under the indenture. In addition, if the Company becomes an SEC filer, the reports of the Company will be deemed to satisfy this Section 6.5. (d) In the event that any direct or indirect parent company of the Parent becomes a guarantor of the Notes, the Parent may satisfy its obligations under this Section 6.5 to provide financial information of the Parent by furnishing the equivalent financial information relating to such parent; provided that such equivalent financial information is accompanied by consolidating financial information that explains in reasonable detail the differences between the information for such parent, on the one hand, and the information for the Parent and its consolidated subsidiaries, on the other hand.