Common use of Provision of Financial Information Clause in Contracts

Provision of Financial Information. For so long as any Notes remain Outstanding, the Company shall deliver to the Trustee (i) within 120 days after the end of each fiscal year ended after the Issue Date, audited consolidated financial statements of the Company for such fiscal year, and (ii) within 60 days after the end of each of the first three fiscal quarters of each fiscal year after the Issue Date, unaudited interim consolidated financial statements of the Company for the interim period as at, and for the interim period ending on, the end of such fiscal quarter. The Company shall be deemed to have delivered financial statements in compliance with its obligations under this Section 605, and need not otherwise deliver such financial statements to the Trustee, if such financial statements are made publicly available on SEDAR+ within the prescribed time. Notwithstanding the foregoing, it shall not be the responsibility of the Trustee to monitor postings of the Company on SEDAR+, it being understood that, due to the public availability of the information contained on SEDAR+, any Person, including without limitation any Holder, may obtain the aforementioned financial statements directly from SEDAR+. The obligations of the Company set forth in the preceding paragraph of this Section 605 will be deemed satisfied if any parent entity of the Company has delivered to the Trustee (including by making such financial statements publicly available on SEDAR+) the consolidated financial statements required in the preceding paragraph of this Section 605, that would otherwise be required to be provided in respect of the Company, with respect to such parent entity; provided that such obligations will only be deemed to be satisfied if, and for so long as, such parent entity furnishes to the Trustee (either in or with a copy of such financial statements) “summary financial information” as defined in section 13.4 of NI 51-102 (or substantially equivalent financial information provided for in any successor provision thereto in NI 51-102 or any successor instrument) for the parent entity for the periods covered by such financial statements with a separate column for (i) the parent entity, (ii) the Company, (iii) all Guarantors (on a combined basis), (iv) any other subsidiaries of the parent entity (on a combined basis), (v) consolidating adjustments and (vi) total consolidated amounts. It is hereby acknowledged and agreed that Section 906 of the Indenture does not apply to this Supplemental Indenture and the Notes. For greater certainty, with respect to the Notes and this Supplemental Indenture, this Section 605 replaces, in its entirety, Section 906 of the Indenture.

Provision of Financial Information. (a) 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 be required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act (other than confidential filings, documents subject to confidential treatment and correspondence with the SEC); provided that in each case the delivery of reports, information and 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 as of the time such 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 or reports have been filed pursuant to the “XXXXX” system (or its successor). If this Indenture is qualified under the Trust Indenture Act, the Company will comply with Section 314(a) of the Trust Indenture Act. Delivery of such information, documents and reports to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). (b) For so long as any of the Notes remain Outstandingoutstanding and constitute “restricted securities” under Rule 144, the Company shall deliver will furnish to the Trustee (i) within 120 days after the end of each fiscal year ended after the Issue Date, audited consolidated financial statements Holders of the Company for such fiscal yearNotes and prospective investors, and (ii) within 60 days after the end of each of the first three fiscal quarters of each fiscal year after the Issue Date, unaudited interim consolidated financial statements of the Company for the interim period as at, and for the interim period ending onupon their request, the end of such fiscal quarter. The Company shall be deemed to have delivered financial statements in compliance with its obligations under this Section 605, and need not otherwise deliver such financial statements to the Trustee, if such financial statements are made publicly available on SEDAR+ within the prescribed time. Notwithstanding the foregoing, it shall not be the responsibility of the Trustee to monitor postings of the Company on SEDAR+, it being understood that, due to the public availability of the information contained on SEDAR+, any Person, including without limitation any Holder, may obtain the aforementioned financial statements directly from SEDAR+. The obligations of the Company set forth in the preceding paragraph of this Section 605 will be deemed satisfied if any parent entity of the Company has delivered to the Trustee (including by making such financial statements publicly available on SEDAR+) the consolidated financial statements required in the preceding paragraph of this Section 605, that would otherwise be required to be provided in respect of delivered pursuant to Rule 144A(d)(4) under the Company, with respect to such parent entity; provided that such obligations will only be deemed to be satisfied if, and for so long as, such parent entity furnishes to the Trustee (either in or with a copy of such financial statements) “summary financial information” as defined in section 13.4 of NI 51-102 (or substantially equivalent financial information provided for in any successor provision thereto in NI 51-102 or any successor instrument) for the parent entity for the periods covered by such financial statements with a separate column for (i) the parent entity, (ii) the Company, (iii) all Guarantors (on a combined basis), (iv) any other subsidiaries of the parent entity (on a combined basis), (v) consolidating adjustments and (vi) total consolidated amounts. It is hereby acknowledged and agreed that Section 906 of the Indenture does not apply to this Supplemental Indenture and the Notes. For greater certainty, with respect to the Notes and this Supplemental Indenture, this Section 605 replaces, in its entirety, Section 906 of the IndentureSecurities Act.

Provision of Financial Information. For so (a) So long as any Notes remain Outstandingare outstanding, the Company Issuer shall deliver furnish to the Trustee Holders and the Trustee: (1) at any time that the Issuer (and a direct or indirect parent company of the Issuer that has guaranteed the Notes) is not subject to the reporting requirements of the Exchange Act: (i) within 120 days after the end of each the fiscal year ended ending December 31, 2013 and within 90 days after the Issue Dateend of each other fiscal year of the Issuer ending thereafter, audited (A) a consolidated balance sheet and related statements of operations, cash flows and owners’ equity showing the financial position of the Issuer and its subsidiaries as of the close of such fiscal year and the consolidated results of its operations during such fiscal year; provided that if the Issuer includes the financial results of any person that is an Unrestricted Subsidiary of the Issuer in such annual financial statements and such Unrestricted Subsidiary would not be considered an Immaterial Subsidiary were it subject to such definition, the Issuer shall also provide a supplement showing consolidating information for the Issuer and its Restricted Subsidiaries, (B) a narrative discussion of the Company results for such fiscal year (which need not be compliant with Regulation S-K of the Securities Act) but shall be comparable in form with respect to such year to the “Management’s discussion and analysis of financial condition and results of operations” included in the Offering Memorandum and (C) setting forth in comparative form the corresponding figures for the prior fiscal year, which consolidated balance sheet and related statements of operations, cash flows and owners’ equity shall be audited by independent public accountants of recognized national standing and accompanied by an opinion of such accountants; (ii) within 60 45 days after (except 90 days in the case of the fiscal quarter ending September 30, 2013) following the end of each of the first three fiscal quarters of each fiscal year year, (A) a consolidated balance sheet and related statements of operations, cash flows and owner’s equity showing (x) the financial position of the Issuer and its subsidiaries as of the close of such fiscal quarter and the consolidated and consolidating results of its operations during such fiscal quarter and (y) the then-elapsed portion of the fiscal year; provided that if the Issuer includes the financial results of any person that is an Unrestricted Subsidiary of the Issuer in such interim financial statements and such Unrestricted Subsidiary would not be considered an Immaterial Subsidiary were it subject to such definition, the Issuer shall also provide a supplement showing consolidating information for the Issuer and its Restricted Subsidiaries, (B) a narrative discussion of results (which need not be compliant with Regulation S-K of the Securities Act) but shall be comparable in form with respect to such interim periods to the “Management’s discussion and analysis of financial condition and results of operations” included in the Offering Memorandum (but need not include any pro forma financial information or pro forma financial statements for any prior period) and (C) setting forth in comparative form the corresponding figures for the corresponding periods of the prior fiscal year; provided that any prior periods need not be shown on a pro forma basis; (iii) within 15 Business Days after the Issue Dateoccurrence of each event that would require a filing of a Form 8-K under Items 1.01 (including furnishing any material debt agreements that would be required to be described in such Form 8-K), unaudited interim consolidated 1.02, 1.03, 2.01, 2.05, 2.06, 4.01, 4.02, 5.01, 5.02(a)(1)(i)-(ii), 5.02(b), 5.02(c) (other than with respect to information otherwise required or contemplated by Item 402 of Regulation S-K) and 9.01 ((but no later than the time required by Item 9.01 and limited only to the financial statements of the Company for the interim period as atbusiness acquisitions, divestitures and for the interim period ending onother pro forma financial information required to be requested pursuant to Item 9.01); provided that instead of providing such information pursuant to this clause (iii), the end of such fiscal quarter. The Company Issuer shall be deemed to have satisfied this requirement by providing the information in its subsequent annual or quarterly report delivered pursuant to clauses (1)(i) and (1)(ii), in each case as in effect on the Issue Date if the Issuer were a reporting company under the Exchange Act; provided, however, that such reports (A) will not be required to comply with Section 302 or Section 404 of the Xxxxxxxx-Xxxxx Act of 2002, or related Items 307 and 308 of Regulation S-K promulgated by the SEC, Regulation G promulgated by the SEC or Item 10(e) of Regulation S-K (with respect to any non-GAAP financial measures contained therein), (B) will not be required to contain the separate financial information for Guarantors contemplated by Rule 3-09, 3-10 or 3-16 of Regulation S-X promulgated under the Exchange Act (except narrative disclosure of the assets, liabilities, revenues and operating income of the Non-Guarantor Subsidiaries shall be included) and (C) will not be required to include as an exhibit, or to include a summary of the terms of, any employment or compensatory arrangement agreement, plan or understanding between the Issuer (or any of its Subsidiaries) and any director, manager or executive officer, of the Issuer (or any of its Subsidiaries); and (2) if at any time that the Issuer (or any direct or indirect parent company of the Issuer that guarantees the Notes) becomes subject to the reporting requirements of the Exchange Act or is required to file (or furnish, as applicable) reports on XXXXX, as applicable, within the time periods specified by the Exchange Act, all reports and financial information required to be filed thereunder; provided that such financial information shall include quarterly financial information (excluding the fourth fiscal quarter) and annual financial statements, in each case including a “Management’s discussion and analysis of financial condition and results of operations” and, with respect to annual information only, a report on the annual financial statements by the Issuer’s (or such direct or indirect parent company’s) independent registered accounting firm as applicable. (b) So long as any Notes are outstanding, the Issuer shall also: (A) within ten Business Days after furnishing to the Trustee and the Holders the reports required by clauses (a)(1)(i) or (a)(1)(ii) above, hold a conference call for all Holders and securities analysts to discuss such reports and the results of operations for the relevant annual or quarterly reporting period; and (B) issue a notice in compliance accordance with its obligations Section 3.9(d), no fewer than three Business Days prior to the date of the conference call required to be held in accordance with clause (A) above, announcing the time and date of such conference call and either including all information necessary to access the call or directing Holders to contact the appropriate person at the Issuer to obtain such information. (c) In addition, to the extent not satisfied by the foregoing, the Issuer shall, for so long as any Notes remain outstanding, furnish to Holders thereof and prospective investors in such Notes, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under this the Securities Act (as in effect on the Issue Date). (d) The Issuer shall make available such information and such reports (as well as the details regarding the conference call described in Section 605, and need not otherwise deliver such financial statements 3.9(b)) to the Trustee, if to any Holder and to any beneficial owner of the Notes, in each case by posting such information on Intralinks or any comparable password-protected online data system which shall require a confidentiality acknowledgment, and shall make such information readily available to any prospective investor, any securities analyst or any market maker in the Notes who (i) agrees to treat such information as confidential or (ii) accesses such information on Intralinks or any comparable password protected online data system which will require a confidentiality acknowledgment; provided that the Issuer shall post such information thereon and make readily available any password or other login information to any such prospective investor, securities analyst or market maker. Any person who requests or accesses such financial statements are made publicly available on SEDAR+ within information or seeks to participate in any conference calls required by this Section 3.9 shall be required to represent to the prescribed time. Issuer (to the Issuer’s reasonable good faith satisfaction) that: (1) it is a Holder, a beneficial owner of the Notes, a prospective investor in the Notes or a market maker; (2) it will not use the information in violation of applicable securities laws or regulations; (3) it will keep such provided information confidential and will not communicate the information to any Person; and (4) it is not a Person (which includes such Person’s Affiliates) that (i) is principally engaged in a Permitted Business or (ii) derives a significant portion of its revenues from operation of a Permitted Business. (e) If the Issuer has designated any Subsidiary as Unrestricted Subsidiary, then the quarterly and annual financial information required by Section 3.9(a) shall include a reasonably detailed presentation, either in a schedule to the financial statements, in the footnotes thereto, or in narrative report, of the financial condition and results of operations of the Issuer and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries. (f) Notwithstanding the foregoing, it shall not be the responsibility of the Trustee to monitor postings of the Company on SEDAR+financial statements, it being understood that, due to the public availability of the information contained on SEDAR+, any Person, including without limitation any Holder, may obtain the aforementioned financial statements directly from SEDAR+. The obligations of the Company set forth in the preceding paragraph of this Section 605 will be deemed satisfied if any parent entity of the Company has delivered to the Trustee (including by making such financial statements publicly available on SEDAR+) the consolidated financial statements required in the preceding paragraph of this Section 605, that would otherwise be and other documents required to be provided in respect pursuant to this Section 3.9, may be those of the Company, with respect to such parent entity; provided that such obligations will only be deemed to be satisfied if, and for so long as, such parent entity furnishes to the Trustee (either in or with a copy of such financial statements) “summary financial information” as defined in section 13.4 of NI 51-102 (or substantially equivalent financial information provided for in any successor provision thereto in NI 51-102 or any successor instrument) for the parent entity for the periods covered by such financial statements with a separate column for (i) the parent entity, Issuer or (ii) any direct or indirect parent company of the CompanyIssuer that becomes a guarantor of the Notes rather than those of the Issuer; provided that the same is accompanied by consolidating information that explains in reasonable detail the differences between the information relating to such parent company, (iii) all Guarantors (on the one hand, and the information relating to the Issuer and the Restricted Subsidiaries on a combined standalone basis), on the other hand. (ivg) The Issuer shall be deemed to have furnished the reports referred to in clauses (1) and (2) of Section 3.9(a) if the Issuer or any other subsidiaries direct or indirect parent company of the parent entity (on Issuer that becomes a combined basis), (v) consolidating adjustments and (vi) total consolidated amounts. It is hereby acknowledged and agreed that Section 906 guarantor of the Indenture does not apply Notes has filed reports containing such information with the SEC (including in the case of a parent company that becomes a guarantor of the Notes, the consolidating financial statements references above). (h) Delivery of the reports and documents described in this Section 3.9 to this Supplemental Indenture the Trustee is for informational purposes only and the Notes. For greater certaintyreceipt by the Trustee of any such document or report will not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with respect to the Notes and this Supplemental Indenture, this Section 605 replaces, in its entirety, Section 906 any of the Indenturecovenants contained in this Indenture (as to which the Trustee is entitled to conclusively rely on an Officers’ Certificate). (i) For the avoidance of doubt, the Issuer shall not be required to comply with the reporting requirements of the Exchange Act.

Provision of Financial Information. For so long as any Notes remain Outstanding, the (a) The Company shall deliver to the Trustee provide Aron (i) within 120 ninety (90) days after following the end of each of its fiscal year ended after years, (a) a copy of the Issue Dateannual report, containing audited consolidated financial statements of the Company and its consolidated subsidiaries for such fiscal year certified by independent certified public accountants, which report and opinion shall be prepared in accordance with generally accepted auditing standards and shall not be subject to any “going concern” or like qualification or exception or any qualification or exception as to the scope of such audit, and (b) the balance sheet, statement of income and statement of cash flow of the Company for such fiscal year, as reviewed by the Company’s independent certified public accountants, together with a Compliance Certificate to be delivered pursuant to Section 13.2(c); and (ii) within 60 forty five (45) days after the end of each of the its first three fiscal quarters of each fiscal year after year, a copy of the Issue Datequarterly report, containing unaudited interim consolidated financial statements of the Company and its consolidated subsidiaries for the interim period as at, and for the interim period ending on, the end of such fiscal quarter, in each case together with a Compliance Certificate to be delivered pursuant to Section 13.2(c); provided that so long as the Company is required to make public filings of its quarterly and annual financial results pursuant to the Exchange Act, such filings are available on the SEC’s EDGAR database and such filings are made in a timely manner, then the Company will not be required to provide such annual or quarterly financial reports to Aron (b) The Company shall provide Aron within the time periods specified in the SEC’s rules and regulations for a filer that is a “non-accelerated filer,” whether or not required to file reports with the SEC pursuant to Section 13 or 15(d) of the Exchange Act: (i) all quarterly and annual financial and other information with respect to the Guarantor and its Subsidiaries that would be required to be contained in a filing with the SEC on Forms 10-Q and 10-K if the Guarantor was required to file such Forms, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, a report on the annual financial statements by the Guarantor certified independent accountants which report shall not be subject to any “going concern” or like qualification or exception or any qualification or exception as to the scope of such audit; provided, however, such reports shall not be required to comply with Sections 302, 906 and 404 of the Sarbanes-Oxley Act or related items 307 and 308 of Regulation S-K; and (ii) all current reports that would be required to be filed with the SEC on Form 8-K if the Guarantor were required to file such reports unless the Guarantor determines in good faith that such reports are not material to Aron. All such reports will be prepared in all material respects in accordance with all of the rules and regulations applicable to such reports. The Company availability of the foregoing reports on the SEC’s EDGAR filing system will be deemed to satisfy the foregoing delivery requirements. If, at any time, the Guarantor is not subject to the periodic reporting requirements of the Exchange Act for any reason, the Guarantor will nevertheless file the reports specified in this Section 13.1(b) with the SEC within the time periods specified above unless the SEC will not accept such a filing. The Guarantor will not take any action for the purpose of causing the SEC not to accept any such filings. If, notwithstanding the foregoing, the SEC will not accept the Guarantor’s filings for any reason, the Guarantor will post the reports referred to in this Section 13.1(b) on its website within the time periods for a filer that is a “non-accelerated filer” that would apply if the Guarantor were required to file those reports with the SEC. Notwithstanding the foregoing, so long as the Guarantor is a direct or indirect Subsidiary of Par Pacific or any other direct or indirect parent, if Par Pacific or such other direct or indirect parent of the Guarantor files reports with the SEC in accordance with Section 13 or 15(d) of the Exchange Act, whether voluntarily or otherwise, then the Guarantor shall be deemed to comply in full with this Section 13.1(b). If the Guarantor, Par Pacific or other direct or indirect parent of the Guarantor files or furnishes any information or report pursuant to this Section 13.1(b) in a timely manner and subsequently amends or restates such information or report, such information or report shall be deemed filed or furnished in a timely manner notwithstanding such amendment or restatement. If at any time none of the Guarantor, Par Pacific or other direct or indirect parent of the Guarantor are required to file with the SEC the reports required by this Section 13.1(b) and none of them voluntarily file such reports, the Guarantor will furnish to the Lenders and any prospective Lenders upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. Any failure to comply with this Section 13.1(b) shall be automatically cured when the Guarantor, Par Pacific or any other direct or indirect parent of the Guarantor provides all required reports to Aron or files all required reports with the SEC; provided that such cure shall not otherwise affect the rights of Aron hereunder if any amounts hereunder have delivered financial statements been accelerated in compliance accordance with the terms of this Agreement and such acceleration has not been rescinded or cancelled prior to such cure. If the Company elects to satisfy its obligations under this Section 60513.1(b) with respect to financial information relating to the Guarantor by furnishing financial information relating to Par Pacific or any other direct or indirect parent, and need not otherwise deliver such financial statements to information reflects the Trustee, if such financial statements are made publicly available on SEDAR+ within the prescribed time. Notwithstanding the foregoing, it shall not be the responsibility assets or operations of Subsidiaries of Par Pacific or other direct or indirect parent of the Trustee to monitor postings Guarantor that are not also Subsidiaries of the Company Guarantor, then the quarterly and annual financial information required by this Section 13.1(b) will include an additional summary presentation, either on SEDAR+, it being understood that, due to the public availability face of the information contained on SEDAR+financial statements, in the footnotes thereto, or in “Management’s Discussion and Analysis of Financial Condition and Results of Operations,” of the financial condition and results of operations of the Guarantor and its Subsidiaries separate from the financial condition and results of operations of Par Pacific or any Person, including without limitation any Holder, may obtain other direct or indirect parent of the aforementioned financial statements directly from SEDAR+Guarantor. The obligations of the Company set forth in the preceding requirement to provide additional summary financial information required by this paragraph of this Section 605 will be deemed satisfied if any parent entity and when such information is posted on the website of the Company has delivered to the Trustee (including by making such financial statements publicly available on SEDAR+) the consolidated financial statements required in the preceding paragraph of this Section 605Guarantor, that would otherwise be required to be provided in respect Par Pacific or any other direct or indirect parent of the Company, with respect to such parent entity; provided that such obligations will only be deemed to be satisfied if, and for so long as, such parent entity furnishes to the Trustee (either in or with a copy of such financial statements) “summary financial information” as defined in section 13.4 of NI 51-102 (or substantially equivalent financial information provided for in any successor provision thereto in NI 51-102 or any successor instrument) for the parent entity for the periods covered by such financial statements with a separate column for (i) the parent entity, (ii) the Company, (iii) all Guarantors (on a combined basis), (iv) any other subsidiaries of the parent entity (on a combined basis), (v) consolidating adjustments and (vi) total consolidated amounts. It is hereby acknowledged and agreed that Section 906 of the Indenture does not apply to this Supplemental Indenture and the Notes. For greater certainty, with respect to the Notes and this Supplemental Indenture, this Section 605 replaces, in its entirety, Section 906 of the IndentureGuarantor.

Provision of Financial Information. For so long as any Notes remain OutstandingThe Company shall file with the Trustee: (a) within 45 days after the close of each quarterly accounting period in each fiscal year of the Company, the Consolidated balance sheets of the Guarantor, the Company and their Subsidiaries as at the end of such quarterly accounting period and the related Consolidated statements of income and cash flow for such quarterly accounting period, together with a management's discussion and analysis relating thereto, all of which shall deliver be certified by an Officer of the Company and the Guarantor as fairly presenting the Consolidated financial condition and results of operations of the Company and the Guarantor in accordance with generally accepted accounting principles consistently applied, subject to the Trustee normal year-end audit adjustments; (ib) within 120 90 days after the end of each fiscal year ended after of the Issue DateCompany, audited consolidated financial the Consolidated balance sheets of the Guarantor, the Company and their Subsidiaries as at the end of such fiscal year and the related Consolidated statements of the Company income and cash flow for such fiscal year, certified by independent certified public accountants of recognized national standing, together with (i) a management's discussion and analysis relating thereto and (ii) within 60 days after the end a statement of each such accounting firm that its audit of the first three fiscal quarters of each fiscal year after the Issue Date, unaudited interim consolidated such financial statements was conducted in accordance with generally accepted auditing standards; and (c) together with the delivery of financial statements under paragraph (a) or (b) above, a certificate of an Officer of the Company for certifying that, as of the interim period date of such certificate and as at, and for the interim period ending onto his or her knowledge, the end of such fiscal quarter. The Company shall be deemed to have delivered financial statements is in compliance with its obligations all conditions and covenants under this Section 605Indenture and, and need not otherwise deliver since the date of the last such financial statements to certificate delivered by the TrusteeCompany, no Event of Default has occurred or, if such financial statements are made publicly available on SEDAR+ within Event of Default has occurred, specifying the prescribed time. Notwithstanding the foregoingnature and extent thereof and any corrective action taken or proposed to be taken with respect thereto. (d) The Company shall, it shall not be the responsibility upon receipt of the Trustee notice from any Holder that is proposes to monitor postings of the Company on SEDAR+, it being understood that, due sell any Securities pursuant to the public availability of exemption provided by the Commission's Rule 144A (or any successor thereto), provide at its expense the information contained on SEDAR+, any Personrequired by such Rule, including without limitation any Holder, may obtain the aforementioned financial statements directly from SEDAR+. The obligations a brief statement of the Company set forth in the preceding paragraph of this Section 605 will be deemed satisfied if any parent entity of the Company has delivered to the Trustee (including by making such financial statements publicly available on SEDAR+) the consolidated financial statements required in the preceding paragraph of this Section 605, that would otherwise be required to be provided in respect nature of the Company, with respect to such parent entity; provided that such obligations will only be deemed to be satisfied if, 's business and for so long as, such parent entity furnishes to its products and services and the Trustee (either in or with a copy of such financial statements) “summary financial information” as defined in section 13.4 of NI 51-102 (or substantially equivalent financial information provided for in any successor provision thereto in NI 51-102 or any successor instrument) for the parent entity for the periods covered required by such financial statements with a separate column for (i) the parent entity, (ii) the Company, (iii) all Guarantors (on a combined basis), (iv) any other subsidiaries of the parent entity (on a combined basis), (v) consolidating adjustments and (vi) total consolidated amounts. It is hereby acknowledged and agreed that Section 906 of the Indenture does not apply to this Supplemental Indenture and the Notes. For greater certainty, with respect to the Notes and this Supplemental Indenture, this Section 605 replaces, in its entirety, Section 906 of the IndentureRule.

Provision of Financial Information. For so So long as any Notes remain Outstandingare outstanding (unless defeased in a defeasance), the Company shall deliver will have its annual financial statements audited, and its interim financial statements reviewed, by a nationally recognized firm of independent accountants and will furnish to the Trustee Holders of Notes all quarterly and annual financial statements in the form included in the Offering Memorandum prepared in accordance with GAAP that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Company was required to file those Forms, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, a report on the annual financial statements by the Company’s certified independent accountants; provided, however, that such information and such reports shall not be required to comply with: (i) within 120 days after the end of each fiscal year ended after the Issue DateSections 302, audited consolidated financial statements 906 and 404 of the Company for such fiscal yearXxxxxxxx-Xxxxx Act of 2002, and related Items 307 and 308 of Regulation S-K; (ii) Regulation G under the Exchange Act or Item 10(e) of Regulations S-K promulgated by the SEC with respect to any non-GAAP financial measures contained therein; (iii) Section 3-10 of Regulation S-X so long as such financial statements provide substantially similar information with respect to non-guarantors as provided in the Offering Memorandum or (iv) any segment reporting requirements (whether pursuant to GAAP or Regulation S-X) in greater detail than is provided in the Offering Memorandum. Any reports on Form 10-Q shall be provided within 60 45 days after the end of each of the first three fiscal quarters and annual reports on Form 10-K shall be provided within 90 days after the end of each fiscal year after year; provided, however, that (a) with respect to the Issue Datefiscal quarters ended June 30, unaudited interim consolidated financial statements 2006 and September 30, 2006 such reports (x) shall be provided within 60 days of the Company for the interim period as at, and for the interim period ending on, the end of such fiscal quarterquarter and (y) need not be reviewed by a nationally recognized firm of independent accountants prior to release to the Holders and (b) with respect to the annual report for the year ended December 31, 2006 shall be provided within 105 days of the end of such fiscal year. To the extent that the Company does not file such information with the Commission, the Company will distribute (or cause the Trustee to distribute) such information and such reports (as well as the details regarding the conference call described below) electronically to (a) any Holder of the Notes, (b) to any beneficial owner of the Notes who provides their email address to the Company and certifies that they are a beneficial owner of Notes, (c) to any prospective investor who provides their email address to the Company and certifies that they are a Qualified Institutional Buyer (as defined in the Securities Act) or (d) any securities analyst who provides their email address to the Company and certifies that they are a securities analyst. Unless the Company is subject to the reporting requirements of the Exchange Act, the Company will also hold a quarterly conference call for the Holders of the Notes to discuss such financial information. The conference call will not be later than five Business Days from the time that the Company distributes the financial information as set forth above. For so long as any of the Notes remain outstanding, the Company will furnish to the Holders of the Notes and to prospective investors that certify that they are a QIB, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then, to the extent that any such Unrestricted Subsidiary or group of Unrestricted Subsidiaries would (but for its or their being designated as an Unrestricted Subsidiary or Subsidiaries) constitute a Significant Subsidiary or Subsidiaries, the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto, and in “Management’s Discussion and Analysis of Financial Condition and Results of Operations,” of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. The Company shall provide the Trustee with a sufficient number of copies of all reports and other documents and information and, if requested by the Company, the Trustee will deliver such reports to the Holders under this Section 4.3. Following the consummation of the Exchange Offer (as defined in the Registration Rights Agreement), whether or not required by the Commission, the Company will file a copy of all of the information and reports that would be deemed required by the Commission for public availability within the time periods specified in the Commission’s rules and regulations (unless the Commission will not accept such a filing) and make such information available to have securities analysts and prospective investors upon request. In addition, the Company and the Guarantors will, for so long as any Notes remain outstanding, furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered financial statements in compliance with pursuant to Rule 144A(d)(4) under the Securities Act. In the event that any parent of the Company becomes a Guarantor or co-obligor of the Notes, the Company may satisfy its obligations under this Section 6054.3 with respect to financial information relating to the Company by furnishing financial information relating to such parent; provided that, if required by Regulation S-X under the Securities Act, the same is accompanied by consolidating information that explains in reasonable detail the differences between the information relating to such parent and any of its Subsidiaries other than the Company and its Subsidiaries, on the one hand, and need not otherwise deliver such financial statements the information relating to the TrusteeCompany, the Subsidiary Guarantors, if such financial statements are made publicly available any, and the other Subsidiaries of the Company on SEDAR+ within a standalone basis, on the prescribed timeother hand. Notwithstanding the foregoing, the Company will be deemed to have furnished such reports referred to above to the Holders if it shall not be the responsibility of the Trustee to monitor postings or any parent of the Company on SEDAR+has filed such reports with the Commission via the XXXXX filing system and such reports are publicly available. In addition, it being understood that, due such requirements shall be deemed satisfied prior to the public availability commencement of the information contained on SEDAR+, any Person, including without limitation any Holder, may obtain Exchange Offer or the aforementioned financial statements directly from SEDAR+. The obligations effectiveness of the Company Shelf Registration Statement (as defined in the Registration Rights Agreement) by the filing with the Commission of the Exchange Offer Registration Statement (as defined in the Registration Rights Agreement) and/or Shelf Registration Statement in accordance with the provisions of the Registration Rights Agreement, and any amendments thereto, with such financial information that satisfies Regulation S-X of the Securities Act and such registration statement and/or amendments thereto are filed at times that otherwise satisfy the time requirements set forth in the preceding first paragraph of this Section 605 will be deemed satisfied if any parent entity of the Company has delivered to the Trustee (including by making such financial statements publicly available on SEDAR+) the consolidated financial statements required in the preceding paragraph of this Section 605, that would otherwise be required to be provided in respect of the Company, with respect to such parent entity; provided that such obligations will only be deemed to be satisfied if, and for so long as, such parent entity furnishes to the Trustee (either in or with a copy of such financial statements) “summary financial information” as defined in section 13.4 of NI 51-102 (or substantially equivalent financial information provided for in any successor provision thereto in NI 51-102 or any successor instrument) for the parent entity for the periods covered by such financial statements with a separate column for (i) the parent entity, (ii) the Company, (iii) all Guarantors (on a combined basis), (iv) any other subsidiaries of the parent entity (on a combined basis), (v) consolidating adjustments and (vi) total consolidated amounts. It is hereby acknowledged and agreed that Section 906 of the Indenture does not apply to this Supplemental Indenture and the Notes. For greater certainty, with respect to the Notes and this Supplemental Indenture, this Section 605 replaces, in its entirety, Section 906 of the Indenture4.3.

Provision of Financial Information. For so So long as any Notes remain OutstandingSecurities are outstanding, the Company shall deliver to file with the Trustee and provide Holders of Securities: (i) within 120 180 days after the end of each fiscal year ended after the Issue Date, audited consolidated financial statements of the Company for Company, annual reports on Form 20-F (or any successor form) containing information required to be contained therein (or required in such fiscal year, and successor form) under the Exchange Act; (ii) within 60 days after the end of each of the first three fiscal quarters of each fiscal year after the Issue Date, unaudited interim consolidated financial statements of the Company for the interim period as at, and for the interim period ending on, the end of such fiscal quarter. The Company shall be deemed to have delivered financial statements in compliance with its obligations under this Section 605, and need not otherwise deliver such financial statements to the Trustee, if such financial statements are made publicly available on SEDAR+ within the prescribed time. Notwithstanding the foregoing, it shall not be the responsibility of the Trustee to monitor postings of the Company on SEDAR+, it being understood that, due to the public availability of the information contained on SEDAR+, any Person, including without limitation any Holder, may obtain the aforementioned financial statements directly from SEDAR+. The obligations of the Company set forth in the preceding paragraph of this Section 605 will be deemed satisfied if any parent entity of the Company has delivered to the Trustee (including by making such financial statements publicly available on SEDAR+) the consolidated financial statements required in the preceding paragraph of this Section 605, that would otherwise be required to be provided in respect of the Company, reports on Form 6-K (or any successor form) containing unaudited, consolidated financial statements for such quarter; and (iii) promptly from time to time after the occurrence of an event required to be therein reported, such other reports on Form 6-K (or any successor form) under the Exchange Act. At any time when the Company is not required to be subject to Section 13(a) or 15(d) of the Exchange Act (or any successor provision thereto), the Company shall file with respect the Trustee and provide Holders of Securities (A) within 180 days after the end of each fiscal year of the Company, annual audited consolidated financial statements and (B) within 60 days after the end of each of the first three fiscal quarters of each fiscal year of the Company, unaudited, consolidated financial statements for such quarter, and, unless it is exempt from reporting pursuant to Rule 12g3-2(b) under the Exchange Act, shall make available the information contemplated by Rule 144A(d)(4) under the Securities Act upon the request of a Holder of a Security to such parent entityHolder or to a prospective purchaser of a Security from such Holder. The financial statements referred to in this Section shall, unless otherwise required by applicable law or by the SEC, be prepared in accordance with GAAP; provided that such obligations will only be deemed to be satisfied ifall annual, and for so long as, such parent entity furnishes to the Trustee (either in or with a copy of such financial statements) “summary financial information” as defined in section 13.4 of NI 51-102 (or substantially equivalent financial information provided for in any successor provision thereto in NI 51-102 or any successor instrument) for the parent entity for the periods covered by such audited consolidated financial statements shall contain a reconciliation to U.S. GAAP of net income and stockholders' equity. The Company also shall comply with a separate column for (i) the parent entity, (ii) the Company, (iii) all Guarantors (on a combined basisother provisions of TIA ss. 314(a), (iv) any other subsidiaries of the parent entity (on a combined basis), (v) consolidating adjustments and (vi) total consolidated amounts. It is hereby acknowledged and agreed that Section 906 of the Indenture does not apply to this Supplemental Indenture and the Notes. For greater certainty, with respect to the Notes and this Supplemental Indenture, this Section 605 replaces, in its entirety, Section 906 of the Indenture.

Provision of Financial Information. For so long as any Notes remain Outstanding, the The Company shall deliver to provide Macquarie: (a) as soon as available, but in any event within the Trustee earlier of (x) within one hundred twenty (120) days following the end of each of its fiscal years; and, in the case of sub-paragraph (i) below, (y) the date on which the Parent delivered to the SEC the Parent’s consolidated financial statements: (i) a copy of the Parent’s annual report, containing audited consolidated financial statements of the Parent and its consolidated subsidiaries for such fiscal year certified by independent certified public accountants; and (ii) the balance sheet, statement of income and statement of cash flow of the Company, Vertex Refining and the Parent for such fiscal year, as reviewed by the Parent’s independent certified public accountants; (iii) a copy of the Company’s and Vertex Refining’s unaudited financial statement for such fiscal year; (b) as soon as available, but in any event, within 120 the earlier of (x) sixty (60) days after the end of its first three fiscal quarters of each of its fiscal years; and, in the case of sub-paragraph (i) below, (y) the date on which the Parent delivered to the SEC the Parent’s unaudited consolidated financial statements: (i) a copy of the Parent’s quarterly report, containing unaudited consolidated financial statements of the Parent and its consolidated subsidiaries for such fiscal quarter; and (ii) each of the Company’s and Vertex Refining’s quarterly report, containing unaudited financial statements of the Company or Vertex Refining, as applicable, for such fiscal quarter; (c) if a Default or Event of Default has occurred and is continuing in respect of the Company, as soon as available, but in any event within thirty (30) days after the end of each fiscal year ended after calendar month (in form and substance satisfactory to Macquarie), the Issue Date, audited Parent’s consolidated financial statements including a cash flow statement, income statement and balance sheet for the period reported, and certified by a Responsible Officer of the Company for such fiscal year, Parent; and (d) if a Default or Event of Default has occurred and (ii) within 60 days after the end of each of the first three fiscal quarters of each fiscal year after the Issue Date, unaudited interim consolidated financial statements of the Company for the interim period as at, and for the interim period ending on, the end of such fiscal quarter. The Company shall be deemed to have delivered financial statements in compliance with its obligations under this Section 605, and need not otherwise deliver such financial statements to the Trustee, if such financial statements are made publicly available on SEDAR+ within the prescribed time. Notwithstanding the foregoing, it shall not be the responsibility of the Trustee to monitor postings of the Company on SEDAR+, it being understood that, due to the public availability of the information contained on SEDAR+, any Person, including without limitation any Holder, may obtain the aforementioned financial statements directly from SEDAR+. The obligations of the Company set forth in the preceding paragraph of this Section 605 will be deemed satisfied if any parent entity of the Company has delivered to the Trustee (including by making such financial statements publicly available on SEDAR+) the consolidated financial statements required in the preceding paragraph of this Section 605, that would otherwise be required to be provided is continuing in respect of the Company, with respect as soon as available, but in any event within ninety (90) days after the end of the Parent’s fiscal year, an annual operating budget and financial projections (including income statements, balance sheets and cash flow statements) for such fiscal year, presented in a quarterly format reasonably acceptable to such parent entity; the Macquarie, provided that such obligations will only be deemed to be satisfied if, and for so long asas the Parent is required to make public filings of its quarterly and annual financial results pursuant to the Exchange Act, such parent entity furnishes filings are available on the SEC’s EXXXX database and such filings are made in a timely manner, then the Company shall not be required to provide the Trustee (either in Parent’s annual or with a copy of such financial statements) “summary financial information” as defined in section 13.4 of NI 51-102 (or substantially equivalent financial information provided for in any successor provision thereto in NI 51-102 or any successor instrument) for the parent entity for the periods covered by such financial statements with a separate column for (i) the parent entity, (ii) the Company, (iii) all Guarantors (on a combined basis), (iv) any other subsidiaries of the parent entity (on a combined basis), (v) consolidating adjustments and (vi) total consolidated amounts. It is hereby acknowledged and agreed that Section 906 of the Indenture does not apply quarterly reports to this Supplemental Indenture and the Notes. For greater certainty, with respect to the Notes and this Supplemental Indenture, this Section 605 replaces, in its entirety, Section 906 of the IndentureMacquarie.

Provision of Financial Information. For so long as any Notes remain Outstanding, the The Company shall deliver have provided or made available to the Trustee Parent (i) within 120 days after the end of each fiscal year ended after the Issue Date, audited consolidated financial balance sheets and related statements of the Company for such fiscal yearincome, shareholders’ equity and (ii) within 60 days after the end of each of the first three fiscal quarters of each fiscal year after the Issue Date, unaudited interim consolidated financial statements cash flows of the Company for the three most recently completed fiscal years ended at least 60 days prior to the Closing Date (which need not have been audited, or for which any previously delivered audit opinions may have been withdrawn, in each case, if such statements have not been audited, or any such previously delivered audit opinion has been withdrawn, solely to the extent resulting from (A) Option Accounting Issues and (B) other immaterial unrelated matters that, in the aggregate, would not in the case of this clause (B) (y) have prevented any such audit opinion from being delivered (or have resulted in such audit opinion being withdrawn) and (z) in and of themselves have required a restatement of the Company’s financial statements and (ii) unaudited consolidated balance sheets and related statements of income, shareholders’ equity and cash flows of the Company for each subsequent fiscal quarter ended at least 40 days before the Closing Date (which (x) need not include any information or notes not required by GAAP to be included in interim period financial statements, (y) are subject to normal year-end adjustments and (z) need not have been reviewed by the Company’s independent accounting firm as atprovided in Statement on Auditing Standards No. 100, if such statements have not been so reviewed solely to the extent resulting from (A) Option Accounting Issues and (B) other immaterial unrelated matters that, in the aggregate, would not in the case of this clause (B) (y) have prevented any such review from having been completed and (z) in and of themselves have required a restatement of the Company’s financial statements) and, in each case, such financial statements shall have been prepared in accordance with GAAP and the accounting and disclosure rules, regulations and forms promulgated by the SEC (subject to such disclaimers, exceptions and qualifications with respect to amounts and disclosures directly affected by the Option Accounting Issues as are appropriate under the circumstances) and the Company shall have, not less than 20 consecutive calendar days immediately prior to the Closing Date, publicly disclosed the foregoing financial statements; and (iii) a pro forma consolidated balance sheet and related pro forma consolidated statement of income of the Company as of and for the interim twelve-month period ending onon the last day of the most recently completed four-fiscal quarter period ended at least 40 days before the Closing Date, prepared after giving effect to the end Transactions (as defined in the Debt Financing Commitment) as if the Transactions had occurred as of such date (in the case of such balance sheet) or at the beginning of the most recent fiscal quarter. The Company shall be deemed to have delivered financial statements in compliance with its obligations under this Section 605, and need not otherwise deliver such financial statements to the Trustee, if such year for which financial statements are made publicly available on SEDAR+ within required to have been provided pursuant to clause (i) of this Section 7.2(c) (in the prescribed time. Notwithstanding case of such statement of income) (for the foregoingavoidance of doubt, it such pro forma consolidated financial statements shall not be satisfy this condition to the responsibility extent based upon historical financial statements described in clauses (i) and (ii) of this Section 7.2(c)); and Parent shall have received at the Trustee to monitor postings Closing a certificate signed by the chief executive officer and the chief financial officer of the Company on SEDAR+, it being understood that, due to the public availability of effect that the information contained on SEDAR+, any Person, including without limitation any Holder, may obtain the aforementioned financial statements directly from SEDAR+. The obligations of the Company foregoing conditions set forth in the preceding paragraph of this Section 605 will be deemed satisfied if any parent entity of the Company has delivered to the Trustee (including by making such financial statements publicly available on SEDAR+7.2(c) the consolidated financial statements required in the preceding paragraph of this Section 605, that would otherwise be required to be provided in respect of the Company, with respect to such parent entity; provided that such obligations will only be deemed to be satisfied if, and for so long as, such parent entity furnishes to the Trustee (either in or with a copy of such financial statements) “summary financial information” as defined in section 13.4 of NI 51-102 (or substantially equivalent financial information provided for in any successor provision thereto in NI 51-102 or any successor instrument) for the parent entity for the periods covered by such financial statements with a separate column for (i) the parent entity, (ii) the Company, (iii) all Guarantors (on a combined basis), (iv) any other subsidiaries of the parent entity (on a combined basis), (v) consolidating adjustments and (vi) total consolidated amounts. It is hereby acknowledged and agreed that Section 906 of the Indenture does not apply to this Supplemental Indenture and the Notes. For greater certainty, with respect to the Notes and this Supplemental Indenture, this Section 605 replaces, in its entirety, Section 906 of the Indenturehave been satisfied.

Provision of Financial Information. For so long as any Notes remain Outstanding, the The Company shall deliver and VPar have agreed that they will each furnish to the Trustee (iand the Holders under the Restricted Global Security or of a restricted certificated security and to any prospective purchasers of such Securities, to the extent permitted by applicable law or contractual restrictions, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. The foregoing obligation will not apply to the Company or VPar that subsequently is subject to and in compliance with the reporting requirements of Section 13 or 15(d) of the Exchange Act or exempt from reporting pursuant to Rule 12g3-2(b) under the Exchange Act. Additionally, each Guarantor shall provide the Trustee and the Holders, within 120 days after of the end of each fiscal year ended after the Issue Date, audited consolidated financial statements of the Company for such fiscal year, and (ii) within 60 days after within the end of each of the first three fiscal quarters quarters, annual or quarterly financial statements, as applicable, in accordance with applicable GAAP and audited in the case of each fiscal year after the Issue Date, unaudited interim consolidated annual financial statements. The financial statements of VPar will be available at the Company for specified office of the interim period as atTrustee. In the event that the Parent Guarantee is released, and for the interim period ending on, the end of such fiscal quarter. The Company VID shall be deemed to have delivered financial statements in compliance with its obligations under this Section 605, and need not otherwise deliver such financial statements become subject to the Trustee, if such financial statements are made publicly available on SEDAR+ within the prescribed time. Notwithstanding the foregoing, it shall not be the responsibility of the Trustee to monitor postings of the Company on SEDAR+, it being understood that, due to the public availability of the information contained on SEDAR+, any Person, including without limitation any Holder, may obtain the aforementioned financial statements directly from SEDAR+. The obligations of the Company set forth in the preceding paragraph terms of this Section 605 will be deemed satisfied if any parent entity 10.7, in substitution of VPar. In the event that the Company has delivered to the Trustee (including by making such shall publish or otherwise make publicly available any financial statements publicly available on SEDAR+) or reports, the consolidated financial statements required in the preceding paragraph of this Section 605, that would otherwise be required to be provided in respect of the Company, with respect to such parent entity; provided that such obligations will only be deemed to be satisfied if, and for so long as, such parent entity furnishes to the Trustee (either in or with Company shall furnish a copy of such financial statements) “summary financial information” statements or reports to the Trustee and the Holders within 60 days of the date of filing or the date such information is published or otherwise made publicly available, as defined in section 13.4 the case may be. Delivery of NI 51-102 (such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such reports shall not constitute constructive notice of any information contained therein or substantially equivalent financial determinable from information provided for in any successor provision thereto in NI 51-102 or any successor instrument) for the parent entity for the periods covered by such financial statements with a separate column for (i) the parent entitycontained therein, (ii) including the Company, ’s or a Guarantor’s compliance with any of its covenants hereunder (iii) all Guarantors (as to which the Trustee is entitled to rely exclusively on a combined basisOfficer’s Certificates or notices from the Holders), (iv) any other subsidiaries of the parent entity (on a combined basis), (v) consolidating adjustments and (vi) total consolidated amounts. It is hereby acknowledged and agreed that Section 906 of the Indenture does not apply to this Supplemental Indenture and the Notes. For greater certainty, with respect to the Notes and this Supplemental Indenture, this Section 605 replaces, in its entirety, Section 906 of the Indenture.

Provision of Financial Information. For (a) Whether or not the Issuer is subject to Section 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, so long as any of the Notes remain Outstandingoutstanding, the Company Issuer shall deliver provide to the Trustee the following documents no later than 10 days after the dates specified below: (i1) within 120 90 days after the end of each fiscal year ended (beginning with the fiscal year ending after the Issue Date), audited consolidated financial statements annual reports containing substantially all of the Company information required to be contained in an Annual Report on Form 10-K if the Issuer had been a reporting company under the Exchange Act; provided, that the Issuer shall not be required to provide the information otherwise required to be presented by reporting companies under the Exchange Act pursuant to Part III of Form 10-K, except for such fiscal yearinformation as would be required by Item 401 of Regulation S-K, Item 403(a) of Regulation S-K and Item 404 of Regulation S-K; (ii2) within 60 45 days after the end of each of the first three fiscal quarters of each fiscal year after year, reports containing substantially all of the information required to be contained in a Quarterly Report on Form 10-Q if the Issuer had been a reporting company under the Exchange Act; and (3) within the time periods specified for filing current reports on Form 8-K (as in effect on the Issue Date), unaudited interim consolidated financial statements reports containing substantially all of the Company for information required to be contained in a Form 8-K if the interim period Issuer had been a reporting company under the Exchange Act; provided that (a) no such report or information will be required to be so furnished if the Issuer determines in good faith that such event is not material to the Holders or the business, assets, operations or financial condition of the Issuer and its Restricted Subsidiaries, taken as ata whole and (b) trade secrets and other confidential information that is competitively sensitive in the good faith and reasonable determination of the Issuer may be excluded from disclosures. The reports required pursuant to clauses (1), (2) and for (3) of this Section 4.3(a) will not be required to comply with (i) Section 302, Section 404 or Section 906 of the interim period ending onXxxxxxxx-Xxxxx Act of 2002, (ii) related Items 307 and 308 of Regulation S-K promulgated by the SEC, (iii) Item 10(e) of Regulation S-K (with respect to any non-GAAP financial measures contained therein) or any comparable successor provision and (iv) Items 3-09, 3-10, 3-16, 13-01 or 13-02 of Regulation S-X. (b) So long as any of the Notes remain outstanding, if at any time the Issuer is not subject to Section 13(a) or 15(d) under the Exchange Act, the end Issuer will make available to any prospective purchaser of Notes or beneficial owner of Notes, upon their request, the information required by Rule 144A(d)(4) under the Securities Act until such fiscal quarter. The Company shall be deemed time as the Holders of the Notes, other than Holders that are Affiliates of the Issuer, are able to have delivered financial statements in compliance with sell all such Notes immediately without restriction pursuant to the provisions of Rule 144 under the Securities Act, or any successor provision thereto. (c) Notwithstanding the foregoing, the Issuer may satisfy its obligations under this Section 6054.3 (other than the obligations in Section 4.3(b)) with respect to financial information relating to the Issuer by furnishing financial information relating to Holdings (or any direct or indirect parent thereof); provided that, if the financial information so furnished relates to Holdings (or any direct or indirect parent thereof), the same is accompanied by information that explains in reasonable detail the differences between the information relating to Holdings (or such direct or indirect parent thereof), on the one hand, and need the information relating to the Issuer and its Subsidiaries on a standalone basis, on the other hand. (d) So long as any Notes are outstanding (unless restricted by law, including in connection with any proposed securities offering), if Holdings does not otherwise deliver such financial statements have its common stock publicly traded on a national securities exchange registered under Section 6 of the Exchange Act, the Issuer will also: (1) not later than fifteen business days after filing or furnishing a copy of each of the reports referred to in clauses (1) and (2) of Section 4.3(a) with the SEC or the Trustee, if such financial statements are made publicly available on SEDAR+ hold a conference call to discuss the results of operations for the relevant reporting period, with the opportunity to ask questions of management (the Issuer may satisfy the requirements of this clause (1) by holding the required conference call within the prescribed time. Notwithstanding time period required by this clause (1) as part of any earnings call of Holdings); and (2) issue a press release or otherwise announce to the foregoing, it shall not be Holders prior to the responsibility date of the Trustee conference call required to monitor postings be held in accordance with this paragraph, announcing the time and date of such conference call and either including all information necessary to access the Company on SEDAR+call or directing Holders, it being understood thatprospective investors, due broker-dealers and securities analysts to contact the public availability of appropriate person at the information contained on SEDAR+, any Person, including without limitation any Holder, may Issuer to obtain the aforementioned financial statements directly from SEDAR+. such information. (e) The obligations of the Company set forth in the preceding paragraph of this Section 605 Issuer will be deemed satisfied to have furnished the reports referred to in Section 4.3(a) if the Issuer or Holdings (or any direct or indirect parent entity of thereof) has filed the Company has delivered corresponding reports containing such information relating to the Trustee Issuer or Holdings (including or any direct or indirect parent thereof)with the SEC via the Electronic Data Gathering, Analysis and Retrieval (“XXXXX”) filing system (or any successor system). (f) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by making such financial statements publicly available on SEDAR+) this covenant shall be deemed cured (and the consolidated financial statements required in the preceding paragraph of this Section 605, that would otherwise be required to be provided in respect of the Company, with respect to such parent entity; provided that such obligations will only Issuer shall be deemed to be satisfied if, in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such financial statement or report is so furnished). (g) Delivery of reports and for so long as, such parent entity furnishes documents to the Trustee (either in or with a copy is for informational purposes only and the Trustee’s receipt of such financial statements) “summary financial information” shall not constitute actual or constructive knowledge or notice of any information contained therein or determinable from information contained therein, including the Issuer’s or any Subsidiary Guarantor’s, as defined in section 13.4 the case may be, compliance with any of NI 51-102 its covenants under this Indenture (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates of the Issuer). The Trustee shall have no obligation or responsibility to determine whether the Issuer or Holdings (or substantially equivalent financial any direct or indirect parent thereof) is required to file any reports or other information provided for in any successor provision thereto in NI 51-102 with the SEC, whether the Issuer’s or Holdings’ information is available on XXXXX (or any successor instrumentsystem) for or whether the Issuer or Holdings (or any direct or indirect parent entity for thereof) has otherwise delivered any notice or report in accordance with the periods covered by such financial statements with a separate column for (i) the parent entity, (ii) the Company, (iii) all Guarantors (on a combined basis), (iv) any other subsidiaries of the parent entity (on a combined basis), (v) consolidating adjustments and (vi) total consolidated amounts. It is hereby acknowledged and agreed that Section 906 of the Indenture does not apply to this Supplemental Indenture and the Notes. For greater certainty, with respect to the Notes and this Supplemental Indenture, requirements specified in this Section 605 replaces, in its entirety, Section 906 of the Indenture4.3.

Provision of Financial Information. For so long as any Notes remain Outstanding(a) The Seller, the Company at its own expense, shall, and shall engage its auditors to, prepare and deliver to the Trustee Buyer audited financial statements (iand auditor's reports thereon) relating to the Business (i.e., not including the Excluded Business, the Excluded Assets and the Excluded Liabilities), for the most recently completed fiscal year of the Seller, meeting the requirements for audited financial statements under GAAP and Regulation S-X ("Regulation S-X") promulgated by the United States Securities and Exchange Commission (the "SEC"), in sufficient in form, scope and substance for filing with a Form 8-K of the Buyer's parent (relating to the transactions covered by this Agreement) and Form 10-K of the Buyer's parent (relating to the annual report). The Seller shall use its best efforts to deliver to the Buyer the audited financial statements described in the proceeding sentence on or before February 15, 2003 but, in no event, later than February 18, 2003. (b) The Seller, at its own expense, shall prepare and deliver to the Buyer within 120 75 days after the end Closing Date unaudited interim financial statements relating to the Business, for the three month periods (in each case) and the cumulative six and nine month periods (as applicable) ending March 31, June 30 and September 30, 2002, respectively, and meeting the requirements of Article 10 of Regulation S-X, in each case sufficient in form, scope and substance for filing with the Buyer's parent first quarter, second quarter and third quarter Form 10-Qs for the fiscal year ended after ending December 31, 2003. (c) In addition to the Issue Dateforegoing, audited consolidated financial statements of if requested by the Company for such fiscal yearBuyer, the Seller, at its own expense, shall, and (ii) if requested by the Buyer's parent, shall cause its auditors, within 60 45 days after of such requests, to prepare and deliver to the end Buyer any other financial statements, related to fiscal period commencing prior to January 1, 2003, which the Buyer deems necessary for any purpose, including but not limited to the filing of each of any reports or registration statements with the first three fiscal quarters of each fiscal year after the Issue Date, unaudited interim consolidated financial statements of the Company for the interim period as at, and for the interim period ending onSEC, the end provision of such fiscal quarter. The Company shall be deemed to have delivered financial statements in compliance with its obligations under this Section 605, and need not otherwise deliver copies of such financial statements to any governmental agency, financial institution, bank or any securities exchange, in each case sufficient in form, scope and substance for such purposes as reasonably determined by the TrusteeBuyer in its sole discretion. (d) On or prior to the Closing Date, if the Seller shall cause the Seller's auditors to deliver to the Buyer a letter from the Seller's auditor (in form and substance acceptable to the Buyer), confirming such auditor's independence in accordance with Independence Standards Board Statement No. 1, and shall engage the Seller's auditors to provide the foregoing financial statements and auditor's reports thereon, and any consents needed in order to include such financial statements are made publicly and auditor's reports thereon in any governmental filings, including, without limitation, any registration statements to be filed with the SEC. The Buyer will cause the Company to make available to the Seller and Seller's auditors appropriate personnel on SEDAR+ within a reasonable basis to assist in the prescribed time. Notwithstanding the foregoing, it shall not be the responsibility preparation of the Trustee financial statements and information contemplated by this Section 5.19. (e) The Seller shall direct, at its own expense, its auditors to monitor postings of co-ordinate and co-operate with the Company on SEDAR+, it being understood that, due Buyer's auditors as to the public availability scope and conduct of any audit services to be rendered in connection with the information contained on SEDAR+, preparation of any Person, including without limitation any Holder, may obtain the aforementioned financial statements directly from SEDAR+. The obligations of the Company set forth in the preceding paragraph of this Section 605 will be deemed satisfied if any parent entity of the Company has delivered to the Trustee (including by making such financial statements publicly available on SEDAR+) the consolidated audited or unaudited financial statements required in the preceding paragraph under or as a result of this Section 605, that would otherwise be required Agreement and as to the thresholds or other standards to be provided applied in respect determining the materiality of any adjustment or other item. In addition, the Company, with respect to such parent entity; provided that such obligations will only be deemed to be satisfied ifSeller shall, and for so long asshall cause the Seller's auditor to, such parent entity furnishes allow the Buyer's auditor to inspect and review any non-proprietary work papers or other information used or prepared by the Trustee (either Seller's auditors in connection with the preparation of any audited or with a copy of such unaudited financial statements) “summary financial information” as defined in section 13.4 of NI 51-102 (or substantially equivalent financial information provided for in any successor provision thereto in NI 51-102 or any successor instrument) for the parent entity for the periods covered by such financial statements with a separate column for (i) the parent entity, (ii) the Company, (iii) all Guarantors (on a combined basis), (iv) any other subsidiaries of the parent entity (on a combined basis), (v) consolidating adjustments and (vi) total consolidated amounts. It is hereby acknowledged and agreed that Section 906 of the Indenture does not apply to this Supplemental Indenture and the Notes. For greater certainty, with respect to the Notes and this Supplemental Indenture, this Section 605 replaces, in its entirety, Section 906 of the Indenturestatement.

Provision of Financial Information. For so long as any Notes remain Outstanding(a) Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act or otherwise reporting on an annual and quarterly basis on forms provided for such annual and quarterly reporting pursuant to rules and regulations promulgated by the SEC, from and after the Issue Date, the Company shall deliver will furnish to the Trustee and the Holders, within the time periods specified below: (i1) within 120 90 days after the end of each fiscal year ended after year, all financial information that would be required to be contained in an annual report on Form 10-K, or any successor or comparable form, filed with the Issue DateSEC, audited consolidated including a “Management’s discussion and analysis of financial condition and results of operations” and a report on the annual financial statements by the Company’s independent registered public accounting firm; provided, that if at the end of any applicable fiscal year there are any Unrestricted Subsidiaries, the Company shall also furnish a reasonably detailed presentation, either on the face of the annual financial statements delivered pursuant to this clause (1) or in the footnotes thereto, and in the management discussion and analysis, of the financial condition and results of operations of the Company for such fiscal year, and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries; (ii2) within 60 45 days after the end of each of the first three fiscal quarters of each fiscal year year, all financial information that would be required to be contained in a quarterly report on Form 10-Q, or any successor or comparable form, file with the SEC; and (3) promptly after the Issue Date, unaudited interim consolidated financial statements occurrence of any of the following events, all current reports that would be required to be filed with the SEC on Form 8-K or any successor or comparable form (if the Company had been a reporting company under Section 15(d) of the Exchange Act) for any of the interim period as atfollowing events; provided, and for that the interim period ending on, the end of such fiscal quarter. The Company shall be deemed to have delivered financial statements in compliance with its obligations under this Section 605, and need not otherwise deliver such financial statements to the Trustee, if such financial statements are made publicly available on SEDAR+ within the prescribed time. Notwithstanding the foregoing, it foregoing shall not be the responsibility of the Trustee to monitor postings of obligate the Company to (i) make available any information otherwise required to be included on SEDAR+, it being understood that, due to a Form 8-K regarding the public availability occurrence of the information contained on SEDAR+, any Person, including without limitation any Holder, may obtain the aforementioned financial statements directly from SEDAR+. The obligations of such event if the Company set forth determines in the preceding paragraph of this Section 605 will be deemed satisfied if any parent entity of the Company has delivered to the Trustee (including by making its good faith judgment that such financial statements publicly available on SEDAR+) the consolidated financial statements required in the preceding paragraph of this Section 605, event that would otherwise be required to be provided in respect disclosed is not material to the Holders of the Notes or the business, assets, operations, financial positions or prospects of the Company and its Restricted Subsidiaries, taken as a whole or (ii) make available copies of any agreements, financial statements or other items that would be required to be filed as exhibits to a current report on Form 8-K except for (x) material Debt and (y) historical and pro forma financial statements to the extent reasonably available: (A) the entry into or termination of material agreements; (B) significant acquisitions or dispositions; (C) the sale of equity securities; (D) bankruptcy; (E) cross-default under direct material financial obligations; (F) a change in the Company’s certifying independent auditor; (G) the appointment or departure of directors or executive officers; (H) non-reliance on previously issued financial statements; and (I) change of control transactions, in each case, in a manner that complies in all material respects with the requirements specified in such form, except as described above or below; provided, however, that the Company shall not be required to (i) comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any “non-GAAP” financial information contained therein or (ii) provide the type of information contemplated by Rule 3-10 of Regulation S-X with respect to separate financial statements for Guarantors or any financial statements for unconsolidated subsidiaries or 50% or less owned persons contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions. In addition, notwithstanding the foregoing, the Company will not be required to (i) comply with Sections 302, 906 or 404 of the Xxxxxxxx-Xxxxx Act of 2002, as amended, or (ii) otherwise furnish any information, certificates or reports required by Items 307 or 308 of Regulation S-K. To the extent any such parent entityinformation is not so filed or furnished, as applicable, within the time periods specified above and such information is subsequently filed or furnished, as applicable, the Company will be deemed to have satisfied its obligations with respect thereto at such time and any Default with respect thereto shall be deemed to have been cured; provided that such cure shall not otherwise affect the rights of the Holders under Section 6.01 hereof if Holders of at least 30% in principal amount of the total outstanding Notes have declared the principal, premium, if any, interest and any other monetary obligations will only be deemed on all the outstanding Notes to be due and payable immediately and such declaration shall not have been rescinded or cancelled prior to such cure. In addition, to the extent not satisfied ifby the foregoing, and the Company will agree that, for so long asas any Notes are outstanding, it will furnish to Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the U.S. Securities Act. (b) Substantially concurrently with the furnishing or making such parent entity furnishes information available to the Trustee (either in or with a copy pursuant to the immediately preceding paragraph, the Company shall also post copies of such financial statementsinformation required by the immediately preceding paragraph on a website (which may be nonpublic and may be maintained by the Company or a third party) to which access will be given to Holders, prospective investors in the Notes (which prospective investors shall be limited to “summary financial informationqualified institutional buyers” within the meaning of Rule 144A of the U.S. Securities Act or non-U.S. persons (as defined in section 13.4 Regulation S under the U.S. Securities Act) that certify their status as such to the reasonable satisfaction of NI 51-102 the Company), and securities analysts and market making financial institutions that are reasonably satisfactory to the Company. (c) Notwithstanding any other provision of this Indenture, the sole remedy for an Event of Default relating to the failure to comply with this Section 4.03, will for the 180 days after the occurrence of such an Event of Default consist exclusively, to the extent permitted by applicable law, of the right to receive additional interest on the principal amount of the Notes at a rate equal to 0.50% per annum. This additional interest will be payable in the same manner and subject to the same terms as other interest payable under this Indenture. This additional interest will accrue on all outstanding Notes from and including the date on which an Event of Default relating to a failure to comply with the reporting obligations described above under this covenant first occurs to, but excluding, the 180th day thereafter (or substantially equivalent such earlier date on which the Event of Default relating to such failure to comply with this covenant is cured or waived). If the Event of Default resulting from such failure to comply with the reporting obligations is continuing on such 180th day, such additional interest will cease to accrue and the Notes will be subject to the other remedies provided under Section 6.01 hereof. (d) The Company may satisfy its obligations under this Section 4.03 with respect to financial information relating to the Company by furnishing financial information relating to a Parent Entity; provided that the same is accompanied by consolidating information that explains in reasonable detail the differences between the information relating to such Parent Entity, on the one hand, and the information relating to the Company and its Restricted Subsidiaries on a standalone basis, on the other hand. For the avoidance of doubt, the consolidating information referred to in the proviso in the preceding sentence need not be audited. (e) Notwithstanding anything to the contrary set forth above in this Section 4.03, if the Company is subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act or otherwise reporting on an annual and quarterly basis on forms provided for in such annual and quarterly reporting pursuant to rules and regulations promulgated by the SEC, from and after the Issue Date, and so long as any successor provision thereto in NI 51-102 Notes are outstanding, the Company will furnish to the Trustee and the Holders, or file electronically with the Commission through the Commission’s Electronic Data Gathering, Analysis and Retrieval System (or any successor instrument) for system), within the parent entity for time periods specified in the periods covered by such financial statements with a separate column for Commission’s rules and regulations:: (i) the parent entity, (ii) the Company, (iii1) all Guarantors (quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-K and 10-Q if the Company were required to file such Forms, including a combined basis), (iv) any other subsidiaries “Management’s Discussion and Analysis of the parent entity (on a combined basis), (v) consolidating adjustments Financial Condition and (vi) total consolidated amounts. It is hereby acknowledged and agreed that Section 906 Results of the Indenture does not apply to this Supplemental Indenture and the Notes. For greater certaintyOperations” and, with respect to the Notes annual information only, a report on the annual financial statements by the Company’s certified independent accountants; provided, that if at the end of any applicable fiscal year there are any Unrestricted Subsidiaries, the Company shall also furnish a reasonably detailed presentation, either on the face of the annual financial statements delivered pursuant to this clause (1) or in the footnotes thereto, and this Supplemental Indenturein the management discussion and analysis, of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries; (2) all current reports that would be required to be filed with the Commission on Form 8-K if the Company were required to file such reports; (3) whether or not required by the Commission, the Company will file a copy of all of the information and reports referred to in clauses (1) and (2) of Section 4.03(e) hereof with the Commission for public availability within the time periods specified in the Commission’s rules and regulations (unless the Commission will not accept such a filing) or otherwise make such information available to prospective investors; and (4) to the extent not satisfied by the foregoing, the Company will furnish to Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the U.S. Securities Act. (f) Notwithstanding anything to the contrary set forth above in this Section 605 replaces4.03, in its entirety, Section 906 if the Company or any Parent Entity of the IndentureCompany has furnished the Holders and filed with the Commission through the Commission’s Electronic Data Gathering, Analysis and Retrieval System (or any successor system), within the respective time periods specified above, the reports described in the preceding paragraphs with respect to the Company or any Parent Entity, the Company shall be deemed to be in compliance with the provisions of this covenant; provided that, if the financial information so furnished relates to any Parent Entity, the same is accompanied by consolidating information, that explains in reasonable detail (including selected quantitative metrics) the differences between the information relating to such Parent Entity or Parent Entities, on the one hand, and the information relating to the Company and its Restricted Subsidiaries on a standalone basis, on the other hand. For the avoidance of doubt, the consolidating information referred to in the proviso in the preceding sentence need not be audited. (g) Delivery under this Section 4.03 of reports, information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. For so (a) So long as any Notes remain Outstandingare outstanding, the Company Issuer shall deliver furnish to the Trustee Holders and the Trustee: (i) at any time that the Issuer (and any Parent Entity that has guaranteed the Notes) is not subject to the reporting requirements of the Exchange Act: (A) within 120 90 days after the end of each fiscal year ended after of the Issue DateIssuer commencing with the fiscal year ending on September 30, audited 2020, (1) a consolidated financial balance sheet and related statements of operations, cash flows and owners’ equity showing the Company financial position of the Issuer and its Subsidiaries as of the close of such fiscal year and the consolidated results of its operations during such fiscal year; (2) a narrative discussion of results for such fiscal year (which need not be compliant with Regulation S-K of the Securities Act) but shall be comparable in form with respect to such year to the “Management’s discussion and analysis of financial condition and results of operations” included in the Offering Memorandum; and (3) setting forth in comparative form the corresponding figures for the prior fiscal year, which consolidated balance sheet and related statements of operations, cash flows and owners’ equity shall be audited by independent public accountants of recognized national standing and accompanied by an opinion of such accountants; (iiB) within 45 days (except 60 days after in the case of the fiscal quarter ending March 31, 2020) following the end of each of the first three fiscal quarters of each fiscal year after the Issue Dateyear, unaudited interim (1) a consolidated financial balance sheet and related statements of operations, cash flows and owner’s equity showing (x) the Company for financial position of the interim period Issuer and its Subsidiaries as at, and for of the interim period ending on, the end close of such fiscal quarter. The Company quarter and the consolidated and consolidating results of its operations during such fiscal quarter and (y) the then-elapsed portion of the fiscal year; (2) a narrative discussion of results (which need not be compliant with Regulation S-K of the Securities Act) but shall be comparable in form with respect to such interim periods to the “Management’s discussion and analysis of financial condition and results of operations” included in the Offering Memorandum (but need not include any pro forma financial information or pro forma financial statements for any prior period); and (3) setting forth in comparative form the corresponding figures for the corresponding periods of the prior fiscal year; provided that any prior periods need not be shown on a pro forma basis; (C) within 15 Business Days after the occurrence of each event that would require a filing of a Form 8-K under Items 1.01 (including furnishing any material debt agreements that would be required to be described in such Form 8-K), 1.02, 1.03, 2.01, 2.05, 2.06, 4.01, 4.02, 5.01, 5.02(a)(1)(i)-(ii), 5.02(b) and 5.02(c) (other than with respect to information otherwise required or contemplated by Item 402 of Regulation S-K); provided that instead of providing such information pursuant to this clause (C), the Issuer shall be deemed to have satisfied this requirement by providing the information in its subsequent annual or quarterly report delivered pursuant to clause (i)(A) or (i)(B), in each case as in effect on the Issue Date if the Issuer were a reporting company under the Exchange Act; provided, however, that such reports (A) will not be required to comply with Section 302 or Section 404 of the Xxxxxxxx-Xxxxx Act of 2002, or related Items 307 and 308 of Regulation S-K promulgated by the SEC, Regulation G promulgated by the SEC or Item 10(e) of Regulation S-K (with respect to any non-GAAP financial measures contained therein), (B) will not be required to contain the separate financial information for Guarantors contemplated by Rule 3-09, 3-10 or 3-16 of Regulation S-X promulgated under the Exchange Act, (C) will not be required to include as an exhibit, or to include a summary of the terms of, any employment or compensatory arrangement agreement, plan or understanding between the Issuer (or any of its Subsidiaries) and any director, manager or executive officer, of the Issuer (or any of its Subsidiaries), (D) shall be subject to exceptions, exclusions and other differences consistent with the presentation of financial and other information in the Offering Memorandum and shall not be required to present compensation or beneficial ownership information, (E) will not be required to include trade secrets or other proprietary information, (F) will not be required to contain any “segment reporting” and (G) will not include financial statements in compliance with its obligations under this Section 605or financial information required by Item 9.01 of Form 8-K; and (ii) if at any time that the Issuer (or any Parent Entity that guarantees the Notes) becomes subject to the reporting requirements of the Exchange Act or is required to file (or furnish, as applicable) reports on XXXXX, as applicable, within the time periods specified by the Exchange Act, all reports and need not otherwise deliver financial information required to be filed thereunder; provided that such financial information shall include quarterly financial information (excluding the fourth fiscal quarter) and annual financial statements, in each case including a “Management’s discussion and analysis of financial condition and results of operations” and, with respect to annual information only, a report on the annual financial statements by the Issuer’s (or such Parent Entity’s) independent registered accounting firm as applicable. (b) So long as any Notes are outstanding, the Issuer shall also: (i) within 10 Business Days after furnishing to the Trustee and the Holders the reports required by clause (a)(i)(A), (a)(i)(B) or (ii) above, hold a conference call for all Holders and securities analysts to discuss such reports and the results of operations for the relevant annual or quarterly reporting period; and (ii) issue a notice in accordance with Section 3.9(d), no fewer than three Business Days prior to the date of the conference call required to be held in accordance with clause (i) above, announcing the time and date of such conference call and either including all information necessary to access the call or directing Holders to contact the appropriate person at the Issuer to obtain such information; provided that the Issuer shall not be required to comply with the foregoing clause (i) or (ii) following a Qualified IPO if the Issuer (or any Parent Entity that guarantees the Notes) holds quarterly earnings calls that are generally open to analysts and investors. (c) In addition, to the extent not satisfied by the foregoing, the Issuer shall, for so long as any Notes remain outstanding, furnish to Holders thereof and prospective investors in such Notes, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act (as in effect on the Issue Date). (d) The Issuer shall make available such information and such reports (as well as the details regarding the conference call described in Section 3.9(b)) to the Trustee, if to any Holder and to any beneficial owner of the Notes, in each case by posting such information on Intralinks or any comparable password-protected online data system which shall require a confidentiality acknowledgment, and shall make such information readily available to any prospective investor, any securities analyst or any market maker in the Notes who (i) agrees to treat such information as confidential or (ii) accesses such information on Intralinks or any comparable password protected online data system which will require a confidentiality acknowledgment; provided that the Issuer shall post such information thereon and make readily available any password or other login information to any such prospective investor, securities analyst or market maker. Any person who requests or accesses such financial statements are made publicly available information or seeks to participate in any conference calls required by this Section 3.9 shall be required to represent to the Issuer (to the Issuer’s reasonable good faith satisfaction) that: (i) it is a Holder, a beneficial owner of the Notes, a prospective investor in the Notes or a market maker; (ii) it will not use the information in violation of applicable securities laws or regulations; (iii) it will keep such provided information confidential and will not communicate the information to any Person; and (iv) it is not a Person (which includes such Person’s Affiliates) that (A) is principally engaged in a Permitted Business or (B) derives a significant portion of its revenues from operation of a Permitted Business. (e) If the Issuer has designated any Subsidiary as Unrestricted Subsidiary, then the quarterly and annual financial information required by the preceding paragraphs of this Section 3.9 shall include (i) a reasonably detailed presentation, either in a schedule to the financial statements, in the footnotes thereto, or in narrative report, of the financial condition and results of operations of the Issuer and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries or (ii) a statement to the effect that, in the good faith judgment of the Issuer (or any Parent Entity on SEDAR+ within behalf of the prescribed time. Issuer), such separate presentation would not be material to the interests of the Holders. (f) Notwithstanding the foregoing, it shall not be the responsibility of the Trustee to monitor postings of the Company on SEDAR+financial statements, it being understood that, due to the public availability of the information contained on SEDAR+, any Person, including without limitation any Holder, may obtain the aforementioned financial statements directly from SEDAR+. The obligations of the Company set forth in the preceding paragraph of this Section 605 will be deemed satisfied if any parent entity of the Company has delivered to the Trustee (including by making such financial statements publicly available on SEDAR+) the consolidated financial statements required in the preceding paragraph of this Section 605, that would otherwise be and other documents required to be provided in respect pursuant to this Section 3.9, may be those of the Company, with respect to such parent entity; provided that such obligations will only be deemed to be satisfied if, and for so long as, such parent entity furnishes to the Trustee (either in or with a copy of such financial statements) “summary financial information” as defined in section 13.4 of NI 51-102 (or substantially equivalent financial information provided for in any successor provision thereto in NI 51-102 or any successor instrument) for the parent entity for the periods covered by such financial statements with a separate column for (i) the parent entity, Issuer or (ii) any Parent Entity that becomes a guarantor of the CompanyNotes rather than those of the Issuer; provided that in the case of (ii), (iii) all Guarantors (to the extent that the financial statements of the Parent Entity would differ materially from those of the Issuer, such financial statements shall be accompanied by consolidated information that explains in reasonable detail the difference between the information relating to the Parent Entity, on the one hand, and the information relating to the Issuer and its Restricted Subsidiaries on a combined standalone basis), on the other hand. (ivg) The Issuer shall be deemed to have furnished the reports referred to in clauses (i) and (ii) of Section 3.9(a) if the Issuer or any other subsidiaries Parent Entity that becomes a guarantor of the Notes has filed reports containing such information with the SEC (including in the case of a parent entity (on company that becomes a combined basis), (v) consolidating adjustments and (vi) total consolidated amounts. It is hereby acknowledged and agreed that Section 906 guarantor of the Indenture does not apply Notes, the consolidating financial statements references above). (h) Delivery of the reports and documents described in this Section 3.9 to this Supplemental Indenture the Trustee is for informational purposes only and the Notes. For greater certaintyreceipt by the Trustee of any such document or report will not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with respect to the Notes and this Supplemental Indenture, this Section 605 replaces, in its entirety, Section 906 any of the Indenturecovenants contained in this Indenture (as to which the Trustee is entitled to conclusively rely on an Officer’s Certificate). (i) For the avoidance of doubt, the Issuer shall not be required to comply with the reporting requirements of the Exchange Act.

Provision of Financial Information. For so long as (a) Whether or not the Issuer is subject to Section 13(a) or 15(d) of the Exchange Act, or any Notes remain Outstandingsuccessor provision thereto, the Company Issuer shall deliver provide to the Trustee and, upon request, Holders the annual reports, quarterly reports and other reports which the Issuer 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 Issuer were so required, such documents to be provided to the Trustee and Holders on or prior to the respective dates by which the Issuer would have been required to file such documents with the SEC if the Issuer were so required (i) within 120 days after giving effect to all applicable grace periods under the end of each fiscal year ended after Exchange Act and the Issue Daterules, audited consolidated financial statements regulations and orders of the Company for SEC thereunder); provided that any such fiscal yearreports and documents filed with the SEC pursuant to its Electronic Data Gathering, Analysis and Retrieval system (ii“XXXXX”) within 60 days after (or any successor system) or made publicly available on the end of each of the first three fiscal quarters of each fiscal year after the Issue Date, unaudited interim consolidated financial statements of the Company for the interim period as at, and for the interim period ending on, the end of such fiscal quarter. The Company Issuer’s website shall be deemed to have been delivered financial statements to the Trustee and the Holders of Notes for purposes of the foregoing requirements. The reports so provided will be prepared in compliance all material respects with the rules and regulations of the SEC with respect to such reports, except they need not contain the information that would be required by Items 3-09, 3-10, 3-16, 13-01 or 13-02 of Regulation S-X promulgated by the SEC. (b) So long as any of the Notes remain outstanding, if at any time the Issuer is not subject to Section 13(a) or 15(d) under the Exchange Act, the Issuer will make available to any prospective purchaser of Notes or beneficial owner of Notes, upon their request, the information required by Rule 144A(d)(4) under the Securities Act until such time as the Holders of the Notes, other than Holders that are Affiliates of the Issuer, are able to sell all such Notes immediately without restriction pursuant to the provisions of Rule 144 under the Securities Act, or any successor provision thereto. (c) In the event that any direct or indirect parent company of the Issuer becomes a guarantor of the Notes, the Issuer may satisfy its obligations under this Section 6054.3 with respect to financial information relating to the Issuer by furnishing financial information relating to such parent company; provided that the same is accompanied by consolidating information that explains in reasonable detail the differences between the information relating to such parent, on the one hand, and need the information relating to the Issuer and its Subsidiaries on a standalone basis, on the other hand. (d) So long as any Notes are outstanding (unless restricted by law, including in connection with any proposed securities offering), the Issuer will also: (1) not otherwise deliver such financial statements later than fifteen business days after filing or furnishing a copy of each of the reports referred to in Section 4.3(a) with the SEC or the Trustee, if such financial statements are made publicly available on SEDAR+ hold a conference call to discuss the results of operations for the relevant reporting period, with the opportunity to ask questions of management (the Issuer may satisfy the requirements of this clause (1) by holding the required conference call within the prescribed time. Notwithstanding the foregoing, it shall not be the responsibility time period required by this clause (1) as part of any earnings call of the Trustee Issuer); and (2) issue a press release or otherwise announce to monitor postings the Holders prior to the date of the Company on SEDAR+conference call required to be held in accordance with this paragraph, it being understood thatannouncing the time and date of such conference call and either including all information necessary to access the call or directing Holders, due prospective investors, broker-dealers and securities analysts to contact the public availability of appropriate person at the information contained on SEDAR+, any Person, including without limitation any Holder, may Issuer to obtain the aforementioned financial statements directly from SEDAR+. such information. (e) The obligations of the Company set forth in the preceding paragraph of this Section 605 Issuer will be deemed satisfied to have furnished the reports referred to in Section 4.3(a) if any parent entity of the Company Issuer has delivered filed the corresponding reports containing such information relating to the Trustee Issuer with the SEC via the XXXXX filing system (including or any successor system). (f) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by making such financial statements publicly available on SEDAR+) this covenant shall be deemed cured (and the consolidated financial statements required in the preceding paragraph of this Section 605, that would otherwise be required to be provided in respect of the Company, with respect to such parent entity; provided that such obligations will only Issuer shall be deemed to be satisfied if, in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such financial statement or report is so furnished). (g) Delivery of reports and for so long as, such parent entity furnishes documents to the Trustee (either in or with a copy is for informational purposes only and the Trustee’s receipt of such financial statements) “summary financial information” shall not constitute actual or constructive knowledge or notice of any information contained therein or determinable from information contained therein, including the Issuer’s or any Subsidiary Guarantor’s, as defined in section 13.4 the case may be, compliance with any of NI 51-102 its covenants under this Indenture (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates of the Issuer). The Trustee shall have no obligation or substantially equivalent financial responsibility to determine whether the Issuer is required to file any reports or other information provided for in any successor provision thereto in NI 51-102 with the SEC, whether the Issuer’s information is available on XXXXX (or any successor instrumentsystem) for or whether the parent entity for Issuer has otherwise delivered any notice or report in accordance with the periods covered by such financial statements with a separate column for (i) the parent entity, (ii) the Company, (iii) all Guarantors (on a combined basis), (iv) any other subsidiaries of the parent entity (on a combined basis), (v) consolidating adjustments and (vi) total consolidated amounts. It is hereby acknowledged and agreed that Section 906 of the Indenture does not apply to this Supplemental Indenture and the Notes. For greater certainty, with respect to the Notes and this Supplemental Indenture, requirements specified in this Section 605 replaces, in its entirety, Section 906 of the Indenture4.3.