Common use of Provision of Financial Information Clause in Contracts

Provision of Financial Information. (a) Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company shall file with the SEC and provide the Trustee and the Holders with such annual reports and such information, documents and other reports as are specified in Sections 13 and 15(d) of the Exchange Act and applicable to a U.S. corporation subject to such Sections, such information, documents and 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 and the Holders. 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 (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). (b) In addition, unless it is then subject to the reporting requirements of Section 13(d) or 15 of the Exchange Act, the Company will, 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.

Provision of Financial Information. (a) Notwithstanding The Company covenants to file with the Trustee, within 15 days after the Company has filed the same with the SEC, copies of the annual reports and of the information, documents and reports (or copies of such portions of any of the foregoing as the SEC may prescribe) that the Company may not be subject required to file with the reporting requirements of SEC pursuant to Section 13 or 15(d) of the Exchange ActAct (other than confidential filings, the Company shall file documents subject to confidential treatment and correspondence with the SEC and provide SEC); provided that in each case the delivery of materials to the Trustee and by electronic means or filing of documents pursuant to the Holders SEC’s “XXXXX” system (or any successor electronic filing system) shall be deemed to be “filed” with the Trustee as of the time such annual reports and documents are filed via the “XXXXX” system for purposes of this Section 4.03; provided, however, that the Trustee shall have no obligation whatsoever to determine whether or not such information, documents and other or reports as are specified in Sections 13 and 15(d) of have been filed pursuant to the Exchange Act and applicable to a U.S. corporation subject to such Sections, such information, documents and reports to be so filed and provided at the times specified for the filing “XXXXX” system (or its successor). Delivery 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 and the Holders. 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 (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). (b) In addition, unless it is then subject to At any time when the reporting requirements of Section 13(d) or 15 of the Exchange ActNotes remain outstanding and constitute “restricted securities” under Rule 144, the Company willwill furnish to the Holders of the Notes and prospective investors, upon their request, furnish to any prospective purchaser of Securities or beneficial owner of Securities in connection with any sale thereof the information required by to be delivered pursuant to 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.

Provision of Financial Information. (a) Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d15 (d) of the Exchange Act, the Company shall file with the SEC and provide the Trustee and the Holders with such annual reports and such information, documents and other reports as are specified in Sections 13 and 15(d) of the Exchange Act and applicable to a U.S. corporation subject to such Sections, such information, documents and 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, (i) 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 and the HoldersHolders of the Securities and (ii) that the Company’s obligations under this Section 4.12 shall be satisfied with respect to financial information relating to the Company by furnishing annual and quarterly reports prepared by the Parent and filed with the Commission; provided that the same is accompanied by consolidating financial information that explains in reasonable detail the differences between the information relating to the Parent, on the one hand, and the information relating to the Company and the Subsidiaries on a standalone basis, on the other hand. 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 (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). (b) In addition, unless it is then subject to the reporting requirements of Section 13(d) or 15 of the Exchange Act, the Company will, 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.

Provision of Financial Information. (a) Notwithstanding The Company covenants to file with the Trustee, within 15 days after the Company has filed the same with the SEC, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may prescribe) that the Company may not be subject required to file with the reporting requirements of SEC pursuant to Section 13 or 15(d) of the Exchange ActAct (other than confidential filings, the Company shall file documents subject to confidential treatment and correspondence with the SEC and provide SEC); provided that in each case the delivery of materials to the Trustee and by electronic means or filing of documents pursuant to the Holders SEC‟s “XXXXX” system (or any successor electronic filing system) shall be deemed to be “filed” with the Trustee as of the time such annual reports and documents are filed via the “XXXXX” system (or such successor system) for purposes of this Section 4.03; provided, however, that the Trustee shall have no obligation whatsoever to determine whether or not such information, documents and other or reports as are specified in Sections 13 and 15(d) of have been filed pursuant to the Exchange Act and applicable to a U.S. corporation subject to such Sections, such information, documents and reports to be so filed and provided at the times specified for the filing “XXXXX” system (or its successor). Delivery 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 and the Holders. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s 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 Company‟s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Officers‟ Certificates). (b) In addition, unless it is then subject to At any time when the reporting requirements of Section 13(d) or 15 of Notes remain outstanding and constitute “restricted securities” under Rule 144 under the Exchange Securities Act, the Company willwill furnish to the Holders of the Notes and prospective investors, upon their request, furnish to any prospective purchaser of Securities or beneficial owner of Securities in connection with any sale thereof the information required by to be delivered pursuant to 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.

Provision of Financial Information. (a) Notwithstanding that For so long as the Securities are outstanding, whether or not the Company may not be is subject to the reporting requirements of Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall file with the SEC Commission (if permitted by Commission practice and provide applicable law and regulations) the Trustee and the Holders with such annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such information, documents and other reports as are specified in Sections 13 and Section 13(a) or 15(d) of or any successor provision thereto if the Exchange Act and applicable to a U.S. corporation subject to such SectionsCompany were so subject, such information, documents and reports to be so filed and provided at with the times specified for Commission on or prior to the filing of such information, documents and reports under such Sections; provided, however, that respective dates (the "Required Filing Dates") by which the Company shall not be would have been required so obligated to file such information, documents and reports if the Company were so subject. The Company shall also in any event (a) within 15 days after each Required Filing Date (whether or not permitted or required to be filed with the SEC Commission) (i) transmit (or cause to be transmitted) by mail to all Holders of Securities, as their names and addresses appear in the Securities register, 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 be required to file with the Commission if the SEC does not permit such filings but shall still be obligated to provide such information, documents and reports to Securities were then registered under the Trustee and the HoldersExchange Act. 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 (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). (b) In addition, unless it is then subject to the reporting requirements of Section 13(d) or 15 of the Exchange Actfor so long as any Securities remain outstanding, the Company willwill furnish to the Holders of Securities and to securities analysts and prospective investors, upon their request, furnish to any prospective purchaser of Securities or beneficial owner of Securities in connection with any sale thereof the information required by to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, until such time as and, to any beneficial holder of Securities, if not obtainable from the Company has either exchanged Commission, information of the Securities for type that would be filed with the Exchange Securities or until such time as the Holders thereof have disposed of such Securities Commission pursuant to a Shelf Registration Statementthe foregoing provisions upon the request of any such Holder.

Provision of Financial Information. (a) Notwithstanding that So long as the Securities are outstanding, whether or not the Company may not be or the Guarantors are subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company and the Guarantors shall submit for filing with the Commission (unless the Commission will not accept such filings) the annual reports, quarterly reports and other documents relating to the Company and the Guarantors that the Company and the Guarantors would have been required to file with the SEC Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company and the Guarantors were subject to such reporting requirements. The Company and the Guarantors shall also provide to all Holders and file with the Trustee and the Holders with copies of such annual reports, quarterly reports and such information, other documents and other reports as are specified in required to be furnished to securityholders generally under Sections 13 and 15(d) of the Exchange Act Act. In addition, for so long as any Securities remain outstanding and applicable prior to a U.S. corporation subject to such Sections, such information, documents the latter of the consummation of the Registered Exchange Offer and reports to be so filed and provided at the times specified for the filing of such informationthe Shelf Registration Statement (as defined in the Registration Rights Agreement), documents and reports under such Sections; providedif required, 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 furnish to the Trustee Holders and prospective investors, upon their request, the Holdersinformation 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 the Trustee of any information contained therein or determinable from any 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) In addition, unless it is then subject to the reporting requirements of Section 13(d) or 15 of the Exchange Act, the Company will, 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.

Provision of Financial Information. (a) Notwithstanding that For as long as the Securities are outstanding whether or not the Company may not be is subject to the reporting requirements of Section 13 13(a) or 15(d) of the -104- Exchange Act, or any successor provision thereto, the Company shall file with the SEC Commission the annual reports, quarterly reports and provide other documents which the Company would have been required to file with the Commission (if permitted by Commission practice and applicable law and regulations) pursuant to such Section 13(a) or 15(d) or any successor provision thereto if the Company were subject thereto, 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 to file them. The Company shall also in any event (a) within 15 days after each Required Filing Date (i) transmit, or cause to be transmitted, 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 and copies of the Holders with such annual reports, quarterly reports and such information, other documents and other reports as are specified in Sections 13 and 15(d) of the Exchange Act and applicable to a U.S. corporation subject to such Sections, such information, documents and 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 which the Company shall not be so obligated is required 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 Commission pursuant to the Trustee and the Holders. Delivery of preceding sentence or, if such reportsfiling is not so permitted, information of a similar nature 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 (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). (b) if filing such documents by the Company with the Commission is not permitted by Commission practice and applicable law and regulations, promptly upon written request supply copies of such documents to any prospective Holder. In addition, unless it is then subject to the reporting requirements of Section 13(d) or 15 of the Exchange Actfor so long as any Securities remain outstanding, the Company willwill furnish to the Holders of Securities and to securities analysts and prospective investors, upon their request, furnish to any prospective purchaser of Securities or beneficial owner of Securities in connection with any sale thereof the information required by to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, until such time as and, to any beneficial Holder of Securities, if not obtainable from the Company has either exchanged Commission, information of the Securities for type that would be filed with the Exchange Securities or until such time as the Holders thereof have disposed of such Securities Commission pursuant to a Shelf Registration Statementthe foregoing provisions upon the request of any such Holder.

Provision of Financial Information. (a) Notwithstanding that Whether or not the Company may not be is subject to the reporting requirements of Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall file with the SEC (if permitted by SEC practice and provide applicable law and regulations) the annual reports, quarterly reports and other documents which the Company would have been required to file with the SEC pursuant to such Section 13(a) or 15(d) or any successor provision thereto if the Company were so subject, such documents to be filed with the 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 (a) within 15 days of each Required Filing Date (whether or not permitted or required to be filed with the SEC) file with the Trustee and the provide by mail to all Holders with such annual copies of all reports and such information, other documents and other reports as are specified in Sections 13 and 15(d) of the Exchange Act and applicable to a U.S. corporation subject to such Sections, such information, documents and 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 which the Company shall generally provides to its stockholders, or, if such filing is not be so obligated to file permitted, information and data of a similar nature, and (b) if, notwithstanding the preceding sentence, filing such information, documents and reports by the Company with the SEC is not permitted by SEC practice or applicable law or regulations, promptly upon written request supply copies of such documents to any Holder. 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 Notes, if not obtainable from the SEC, information of the type that would be filed with the SEC does not permit such filings but shall still be obligated to provide such information, documents and reports pursuant to the Trustee and foregoing provisions, upon the Holdersrequest 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 any 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) In addition, unless it is then subject to the reporting requirements of Section 13(d) or 15 of the Exchange Act, the Company will, 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.

Provision of Financial Information. (a) Notwithstanding The Company shall file on a timely basis with the SEC, to the extent the SEC accepts such filings and whether or not the Company has a class of securities registered under the Exchange Act, the annual reports, quarterly reports and other documents that the Company may not would be required to file if it were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the . The Company also shall (i) file with the SEC Trustee (with exhibits), and provide the Trustee and the Holders with to each Holder (without exhibits), without cost to that Holder, copies of such annual reports and documents within 15 days after the date on which the Company files such information, reports and documents with the SEC or the date on which the Company would be required to file such reports and other reports as are specified in Sections documents if the Company were subject to Section 13 and or 15(d) of the Exchange Act and applicable to a U.S. corporation subject to (ii) if filing such Sections, such information, reports and documents and 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 is not accepted by the SEC does not permit such filings but shall still be obligated to provide such information, documents and reports to the Trustee and the Holders. Delivery of such reports, information and documents to the Trustee or 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 (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). (b) In addition, unless it is then subject to the reporting requirements of Section 13(d) or 15 of prohibited under the Exchange Act, supply at its cost copies of such reports and documents (including any exhibits thereto) to any Holder of Securities promptly on its written request given in accordance with Section 14.4 hereof. For so long as any Transfer Restricted Securities (as defined in the Company willRegistration Rights Agreement) remain outstanding, upon the Issuers and the Subsidiary Guarantors shall also furnish to the Holders and beneficial holders of such Securities and to prospective purchasers of such Securities designated by the Holders of such Securities and to broker-dealers, on their request, furnish to any prospective purchaser of Securities or beneficial owner of Securities in connection with any sale thereof the information required by to be delivered pursuant to 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.

Provision of Financial Information. (a) Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company shall file with the SEC and provide the Trustee and the Holders with such annual reports and such information, documents and other reports as are specified in Sections 13 and 15(d) of the Exchange Act and applicable to a U.S. corporation subject to such Sections, such information, documents and 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 and the Holders. 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 (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). (b) In addition, if Additional Securities are issued pursuant to Rule 144A, unless it the Company is then subject to the reporting requirements of Section 13(d) or 15 of the Exchange Act, the Company will, 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.

Provision of Financial Information. (a) Notwithstanding that Whether or not the Company may not be is subject to the reporting requirements of Section 13 13(a) or 15(d) of the Exchange Ex- change Act, or any successor provision thereto, the Company shall file with the SEC and provide the Trustee and the Holders with such annual reports, quarterly reports and other documents which the Company would have been required to file with the SEC pursuant to such informationSection 13(a) or 15(d) or any successor provision thereto if the Company were so re- quired, such documents to be filed with the SEC on or prior to the respective dates (the "Required Filing Dates" ) by which the Company would have been re- quired so to file such documents if the Company were so required. The Company shall also in any event (a) within 15 days of each Required Filing Date (whether or not permitted or required to be filed with the SEC) (i) transmit by mail to all Holders of Securities, as their names and addresses appear in the Security Register, without cost to such Holders, and (ii) file with the Trustee, copies of the annual reports, quarterly reports and other reports as are specified in Sections 13 documents which the Company is required to file with the SEC pursuant to the preceding sentence, or, if such filing is not so permitted, information and 15(ddata of a similar nature, and (b) of if, notwithstanding the Exchange Act and applicable to a U.S. corporation subject to such Sectionspreceding sentence, such information, documents and 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 by the Company shall not be so obligated to file such information, documents and reports with the SEC if is not permitted under the SEC does not permit such filings but shall still be obligated to provide such informationEx- change Act, documents and reports to the Trustee and the Holders. Delivery promptly upon written request supply copies 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 Holder. The Company will also comply with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). (bS) In addition, unless it is then subject to the reporting requirements of Section 13(d314(a) or 15 of the Exchange Act, the Company will, 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 StatementTIA.

Provision of Financial Information. (a) Notwithstanding The Company covenants to file with the Trustee, within 15 days after the Company has filed the same with the SEC, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may prescribe) that the Company may not be subject required to file with the reporting requirements of SEC pursuant to Section 13 or 15(d) of the Exchange ActAct (other than confidential filings, the Company shall file documents subject to confidential treatment and correspondence with the SEC and provide SEC); provided that in each case the delivery of materials to the Trustee and by electronic means or filing of documents pursuant to the Holders SEC’s “XXXXX” system (or any successor electronic filing system) shall be deemed to be “filed” with the Trustee as of the time such annual reports and documents are filed via the “XXXXX” system (or such successor system) for purposes of this Section 4.03; provided, however, that the Trustee shall have no obligation whatsoever to determine whether or not such information, documents and other or reports as are specified in Sections 13 and 15(d) of have been filed pursuant to the Exchange Act and applicable to a U.S. corporation subject to such Sections, such information, documents and reports to be so filed and provided at the times specified for the filing “XXXXX” system (or its successor). Delivery 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 and the Holders. 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 (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). (b) In addition, unless it is then subject to At any time when the reporting requirements of Section 13(d) or 15 of Notes remain outstanding and constitute “restricted securities” under Rule 144 under the Exchange Securities Act, the Company willwill furnish to the Holders of the Notes and prospective investors, upon their request, furnish to any prospective purchaser of Securities or beneficial owner of Securities in connection with any sale thereof the information required by to be delivered pursuant to 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.

Provision of Financial Information. (a) Notwithstanding The Company covenants to file with the Trustee, within 15 days after the Company has filed the same with the SEC, copies of the annual reports and of the information, documents and reports (or copies of such portions of any of the foregoing as the SEC may prescribe) that the Company may not be subject required to file with the reporting requirements of SEC pursuant to Section 13 or 15(d) of the Exchange ActAct (other than confidential filings, the Company shall file documents subject to confidential treatment and correspondence with the SEC and provide SEC); provided that in each case any materials or documents delivered to the Trustee and by electronic means or filed pursuant to the Holders SEC’s “XXXXX” system (or any successor electronic filing system) shall be deemed to be “filed” with the Trustee as of the time such annual reports and documents are filed via the “XXXXX” system for purposes of this Section 4.03; provided, however, that the Trustee shall have no obligation whatsoever to determine whether or not such information, documents and other or reports as are specified in Sections 13 and 15(d) of have been filed pursuant to the Exchange Act and applicable to a U.S. corporation subject to such Sections, such information, documents and reports to be so filed and provided at the times specified for the filing “XXXXX” system (or its successor). Delivery 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 and the Holders. 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 (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). (b) In addition, unless it is then subject to At any time when the reporting requirements of Section 13(d) or 15 of the Exchange ActNotes remain outstanding and constitute “restricted securities” under Rule 144, the Company willwill furnish to the Holders of the Notes and prospective investors, upon their request, furnish to any prospective purchaser of Securities or beneficial owner of Securities in connection with any sale thereof the information required by to be delivered pursuant to 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.

Provision of Financial Information. (a) Notwithstanding that Whether or not the Company may not be is subject to the reporting requirements of Section 13 13(a) or 15(d) of the Exchange Ex- change Act, or any successor provision thereto, the Company shall file with the SEC and provide the Trustee and the Holders with such annual reports, quarterly reports and other documents which the Company would have been required to file with the SEC pursuant to such informationSection 13(a) or 15(d) or any successor provision thereto if the Company were so re- quired, such documents to be filed with the SEC on or prior to the respective dates (the "Required Filing Dates") by which the Company would have been re- quired so to file such documents if the Company were so required. The Company shall also in any event (a) within 15 days of each Required Filing Date (whether or not permitted or required to be filed with the SEC) (i) transmit by mail to all Holders of Securities, as their names and addresses appear in the Security Register, without cost to such Holders, and (ii) file with the Trustee, copies of the annual reports, quarterly reports and other reports as are specified in Sections 13 documents which the Company is required to file with the SEC pursuant to the preceding sentence, or, if such filing is not so permitted, information and 15(ddata of a similar nature, and (b) of if, notwithstanding the Exchange Act and applicable to a U.S. corporation subject to such Sectionspreceding sentence, such information, documents and 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 by the Company shall not be so obligated to file such information, documents and reports with the SEC if is not permitted under the SEC does not permit such filings but shall still be obligated to provide such informationEx- change Act, documents and reports to the Trustee and the Holders. Delivery promptly upon written request supply copies 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 Holder. The Company will also comply with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). (bS) In addition, unless it is then subject to the reporting requirements of Section 13(d314(a) or 15 of the Exchange Act, the Company will, 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 StatementTIA.

Provision of Financial Information. (a) Notwithstanding that Whether or not the Company may not be is subject to the reporting requirements of Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall file with the SEC (if permitted by SEC practice and provide applicable law and regulations) the Trustee financial statements and information required to be set forth under Item 303 of Regulation S-K ("MD&A") which the Holders Company would have been required to file with the SEC pursuant to such annual reports and such information, documents and other reports as are specified in Sections 13 and Section 13(a) or 15(d) of or any successor provision thereto if the Exchange Act and applicable to a U.S. corporation subject to such SectionsCompany were so subject, such information, documents and reports to be so filed and provided at with the times specified for SEC on or prior to the filing of such information, documents and reports under such Sections; provided, however, that respective dates (the "Required Filing Dates") by which the Company shall not be would have been required so obligated to file such informationdocuments if the Company were so subject. The Company shall also in any event (a) within 15 days of each Required Filing Date (whether or not permitted or required to be filed with the SEC) transmit (or cause to be transmitted) by mail to all Holders, documents as their names and reports addresses appear in the Company's register, without cost to such Holders upon their request copies of the financial statements and MD&A which the Company is required to file with the SEC if the SEC does not permit such filings but shall still be obligated to provide such information, documents and reports pursuant to the Trustee and the Holders. Delivery of preceding sentence, or, if such reportsfiling is not so permitted, information and documents to the Trustee is for informational purposes only data of a similar nature, 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 (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). (b) if, notwithstanding the preceding sentence, filing such documents by the Company with the SEC is not permitted by SEC practice or applicable law or regulations, promptly upon written request supply copies of such documents to any Holder. In addition, unless it is then subject for so long as any Notes remain outstanding the Company will furnish to the reporting requirements of Section 13(d) or 15 of the Exchange Act, the Company willHolders, upon their request, furnish to any prospective purchaser of Securities or beneficial owner of Securities in connection with any sale thereof the information required by to be delivered pursuant to 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.

Provision of Financial Information. (a) Notwithstanding The Company covenants to file with the Trustee, within 15 days after the Company has filed the same with the SEC, copies of the annual reports and of the information, documents and reports (or copies of such portions of any of the foregoing as the SEC may prescribe) that the Company may not be subject required to file with the reporting requirements of SEC pursuant to Section 13 or 15(d) of the Exchange ActAct (other than confidential filings, the Company shall file documents subject to confidential treatment and correspondence with the SEC SEC); provided that in each case the delivery of reports, information and provide documents by filing of documents pursuant to the SEC’s "XXXXX" system (or any successor electronic filing system) shall be deemed to be "filed" with the Trustee and as of the Holders with time such annual reports and documents are filed via the "XXXXX" system for purposes of this Section 4.03, provided, however, that the Trustee shall have no obligation whatsoever to monitor or determine whether or not such information, documents and other or reports as are specified in Sections 13 and 15(dhave been filed pursuant to the "XXXXX" system (or its successor) or the contents of the Exchange Act and applicable to a U.S. corporation subject to such Sections, such information, documents and reports to be so filed and provided at the times specified for the filing filings. Delivery 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 and the Holders. 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 any 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). (b) In addition, unless it is then subject to the reporting requirements of Section 13(d) or 15 For so long as any of the Exchange ActNotes of either series remain outstanding and constitute "restricted securities" under Rule 144, the Company willwill furnish to the Holders of such Notes and prospective investors, upon their request, furnish to any prospective purchaser of Securities or beneficial owner of Securities in connection with any sale thereof the information required by to be delivered pursuant to 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.

Provision of Financial Information. (a) Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company REG shall file with the SEC and provide the Trustee and the Holders with such annual reports and such information, documents and other reports as are specified in Sections 13 and 15(d) of the Exchange Act and applicable to a U.S. corporation subject to such Sections, such information, documents and 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 REG 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 and the Holders. 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 (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). (b) In addition, unless it or REG (provided that REG is still a Guarantor) is then subject to the reporting requirements of Section 13(d) or 15 of the Exchange Act, the Company will, 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.

Provision of Financial Information. (a) Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the The Company shall file with the SEC and provide the Trustee and the Holders with such annual reports and such information, documents and other reports as are specified in Sections 13 and 15(d) of the Exchange Act and applicable to a U.S. corporation subject to such Sections, such information, documents and 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 and the HoldersHolders of the Securities. Delivery The Company shall also provide copies of such all annual reports and information, documents and other reports, information if and documents to for so long as the Trustee is for informational purposes only and notes are listed on the Trustee’s receipt Official List of such shall not constitute constructive notice the Exchange, at the offices of any information contained therein or determinable from any 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). (b) In addition, unless it is then subject to the reporting requirements of Section 13(d) or 15 of the Exchange Act, the Company will, 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.

Provision of Financial Information. (a) Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d15 (d) of the Exchange Act, the Company shall file with the SEC and provide the Trustee and the Holders with such annual reports and such information, documents and other reports as are specified in Sections 13 and 15(d) of the Exchange Act and applicable to a U.S. corporation subject to such Sections, such information, documents and 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 and the HoldersHolders of the Securities. 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 (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). (b) In addition, unless it is then subject to the reporting requirements of Section 13(d) or 15 of the Exchange Act, the Company will, 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.

Provision of Financial Information. (a) Notwithstanding that Whether or not the Company may not be Issuers are subject to the reporting requirements of Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company Issuers shall file with the SEC and provide the Trustee and the Holders with such annual reports, quarterly reports and other documents which the Issuers would have been required to file with the SEC pursuant to such informationSection 13(a) or 15(d) or any successor provision thereto if the Issuers were so required, such documents to be filed with the Commission on or prior to the respective dates (the "Required Filing Dates") by which the Issuers would have been required so to file such documents if the Issuers were so required. The Issuers 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 by mail to all holders of Securities, as their names and addresses appear in the note register, without cost to such holders, and (ii) file with the Trustee, copies of the annual 57 -50- reports, quarterly reports and other reports as documents which the Issuers are specified in Sections 13 required to file with the SEC pursuant to the preceding sentence or, if such filing is not so permitted, information and 15(ddata of a similar nature, and (b) of if, notwithstanding the preceding sentence, filing such documents by the Issuers with the SEC is not permitted under the Exchange Act and applicable to a U.S. corporation subject to such SectionsAct, such information, documents and reports to be so filed and provided at the times specified for the filing promptly upon written request supply copies of such information, documents and reports under such Sections; provided, however, that the Company to any prospective Holder. The Issuers shall not be so obligated to file any such information, documents and reports with the SEC if the SEC does not permit such filings but shall still be obligated for all companies similarly situated other than due to provide such information, documents and reports to any action or inaction by the Trustee and the HoldersIssuers. 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 The Issuers will also comply with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). (bSection 314(a) In addition, unless it is then subject to the reporting requirements of Section 13(d) or 15 of the Exchange Act, the Company will, 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 StatementTIA.

Provision of Financial Information. (a) The Company shall file with the Trustee, within 15 days after the date the Company files the same with the SEC, copies, which may be in electronic format, of the Company’s annual 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) which the Company is required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act. Notwithstanding that the Company may not be required to remain subject to the reporting requirements of Section 13 or 15(d) of the Exchange ActAct or otherwise report on an annual and quarterly basis on forms provided for such annual and quarterly reporting pursuant to rules and regulations promulgated by the SEC, the Company shall file with the SEC and continue to provide the Trustee and Trustee: (1) within 140 days after the Holders with such end of each fiscal year, the information required to be contained in annual reports and such informationon Form 20-F, documents and other reports Form 40-F or Form 10-K as are specified in Sections 13 and 15(dapplicable (or any successor form); and (2) within 60 days after the end of each of the Exchange Act and applicable to a U.S. corporation subject to such Sectionsfirst three fiscal quarters of each fiscal year, such information, documents and reports the information required to be so filed and contained in reports on Form 6-K (or any successor form) which, regardless of applicable requirements shall, at a minimum, contain such information required to be provided at the times specified for the filing of such information, documents and in quarterly reports under the laws of Canada or any province thereof to security holders of a corporation with securities listed on the Toronto Stock Exchange, whether or not the Company has any of its securities listed on such Sectionsexchange. (b) The information required pursuant to Section 4.02(a), to the extent permitted by the rules and regulations of the SEC, shall be prepared in accordance with Canadian disclosure requirements and GAAP as applicable; 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 filings. (c) In addition, for so long as any Securities of a series are not freely tradable under the Securities Act, if at any time the Company is neither subject to Section 13 or 15(d) of the Exchange Act, nor exempt from reporting pursuant to Rule 12g3-2(b) under the Exchange Act, the Company shall still furnish to Holders and prospective investors, upon their request, the information required to be obligated delivered pursuant to provide such information, documents and reports to Rule 144A(d)(4) under the Trustee and the Holders. Securities Act. (d) Delivery of such reports, information and documents pursuant to this Section 4.02 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 (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). (b) In addition, unless it is then subject to the reporting requirements of Section 13(d) or 15 of the Exchange Act, the Company will, 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.

Provision of Financial Information. The Company shall, so long as any Notes are outstanding, deliver to the Trustee within 15 days after it files them with the SEC copies of the annual reports and of the information, documents and other reports (aor copies of such portions of any of the foregoing as the SEC may by rules and regulations prescribe) Notwithstanding that which the Company may not be subject is required to file with the reporting requirements of SEC pursuant to Section 13 or 15(d) of the Exchange Act. If the Company is not so required to file such reports with the SEC under said Sections, then the Company shall be required to file with the SEC and provide the Trustee and the Holders SEC, in accordance with the rules and regulations prescribed by the SEC, such annual of the supplementary and periodic reports and such information, documents and other reports as are specified in Sections which may be required pursuant to Section 13 and 15(d) of the Exchange Act in respect of a security listed and applicable to registered on a U.S. corporation subject to national securities exchange as may be prescribed in such Sectionsrules and regulations. The Company shall also comply with the other provisions of TIA Section 314(a). Reports, such information, information and documents and reports filed with the SEC via the SEC’s EXXXX system will be deemed to be so filed and provided at delivered to the times specified for Trustee as of the filing time of such informationfiling via the SEC’s EXXXX system for purposes of this Section 7.3, documents and reports under such Sections; provided, however, that the Company Trustee shall have no obligation whatsoever to determine whether or not be so obligated to file such information, documents and or reports with have been filed via 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 and the HoldersSEC’s EXXXX system. Delivery of such reports, information and documents to the Trustee under this Section 7.3 is for informational purposes only and the Trustee’s receipt of such the foregoing shall not constitute constructive or actual notice of any information contained therein or determinable from any 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). (b) In addition, unless it is then subject to the reporting requirements of Section 13(d) or 15 of the Exchange Act, the Company will, 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.