Common use of Provision of Financial Statements and Information Clause in Contracts

Provision of Financial Statements and Information. Whether or not the Company is then subject to Section 13(a) or 15(d) of the Exchange Act, the Company shall file with the Commission following the effectiveness of the Exchange Offer Registration Statement, so long as any Notes are outstanding, the annual reports, quarterly reports and other periodic reports which the Company would have been required to file with the Commission pursuant to such Section 13(a) or 15(d) if the Company were so subject, and such documents shall be filed with the Commission on or prior to the respective dates (the "Required Filing Dates") by which the Company would have been required so to file such documents if the Company were so subject; provided the Commission will accept such filings. The Company shall also in any event (i) within 15 days of each Required Filing Date following the effectiveness of the Exchange Offer Registration Statement, file with the Trustee, and supply the Trustee with copies for delivery to the holders of the Notes and prospective purchasers at the expense of the Company, the annual reports, quarterly reports and other periodic reports which the Company would have been required to file with the Commission pursuant to Section 13(a) or 15(d) of the Exchange Act if the Company were subject to such Sections and (ii) if the Commission will not accept the filing of such documents promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective holder of the Notes. Prior to the effectiveness of the Exchange Offer Registration Statement, the Company will provide upon request from holders of the Notes or prospective holders the information required by Rule 144A(d)(4) under the Securities Act.

Provision of Financial Statements and Information. Whether or not the Company Issuer is then subject to Section 13(a) or 15(d) of the Exchange Act, the Company shall Issuer will file with the Commission following the effectiveness of the Exchange Offer Registration Statement, so long as any Notes are outstanding, the annual reports, quarterly reports and other periodic reports which the Company would have been required to file with the Commission pursuant to such Section 13(a) or 15(d) if the Company were so subject, and such documents shall be filed with or furnished to the Commission on or prior to the respective dates (the "Required Filing Dates") by which the Company would have been required to so to file or furnish such documents if the Company were so subject; provided the Commission will accept such filings. The Company shall will also in any event (i) within 15 days of each Required Filing Date following the effectiveness of the Exchange Offer Registration Statement, file with the Trustee, and supply the Trustee with copies for delivery to the holders of the Notes Holders and prospective purchasers at the expense of the CompanyNotes, the annual reports, quarterly reports and other periodic reports which the Company would have been required to file with the Commission pursuant to Section 13(a) or 15(d) of the Exchange Act if the Company were subject to such Sections and (ii) if the Commission will not accept the filing of such documents promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective holder Holder of the Notes. Prior to the effectiveness of the Exchange Offer Registration Statement, the Company will provide upon request from holders of the Notes Holders or prospective holders Holders of Notes the information required by Rule 144A(d)(4144A(d) (4) under the Securities Act.

Provision of Financial Statements and Information. (a) Whether or not the Company is then subject to Section 13(a) or 15(d) of the Exchange Act, the Company shall will file with the Commission following the effectiveness of the Exchange Offer Registration StatementCommission, so long as any Notes are outstanding, the annual reports, quarterly reports and other periodic reports which the Company would have been required to file with the Commission pursuant to such Section 13(a) or 15(d) if the Company were so subject, and such documents shall be filed with the Commission on or prior to the respective dates (the "Required Filing Dates") by which the Company would have been required so to file such documents if the Company were so subject; provided . Upon qualification of this Indenture under the Commission will accept such filingsTIA, the Company shall also comply with the provisions of TIA ss. 314(a). (b) The Company shall will also in any event (i) within 15 days of each Required Filing Date following the effectiveness of the Exchange Offer Registration StatementDate, file with the Trustee, and supply the Trustee with copies for delivery to the holders Holders of the Notes and prospective purchasers at the expense of the CompanyNotes, the annual reports, quarterly reports and other periodic reports which the Company would have been required to file with the Commission pursuant to Section 13(a) or 15(d) of the Exchange Act if the Company were subject to such Sections and (ii) if the Commission will not accept the filing of such documents promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective holder Holder of the Notes. Prior . (c) If the Company is not subject to the effectiveness Section 13(a) or 15(d) of the Exchange Offer Registration StatementAct, the Company will shall provide upon request from holders to any Holder or any beneficial owner of Notes any information reasonably requested by such Holder or such beneficial owner concerning the Company and its Subsidiaries (including financial statements) necessary in order to permit such Holder or such beneficial owner to sell or transfer Notes or prospective holders the information required by in compliance with Rule 144A(d)(4) 144A under the Securities Act.

Provision of Financial Statements and Information. (a) Whether or not the Company is then subject to Section 13(a) or 15(d) of the Exchange Act, the Company shall will file with the Commission following the effectiveness of the Exchange Offer Registration StatementCommission, so long as any Notes are outstanding, the annual reports, quarterly reports and other periodic reports which the Company would have been required to file with the Commission pursuant to such Section 13(a) or 15(d) if the Company were so subject, and such documents shall be filed with the Commission on or prior to the respective dates (the "Required Filing Dates") by which the Company would have been 48 -41- required so to file such documents if the Company were so subject; provided . Upon qualification of this Indenture under the Commission will accept such filings. TIA, the Company shall also comply with the provisions of TIA Section 314(a). (b) The Company shall will also in any event (i) within 15 days of each Required Filing Date following the effectiveness of the Exchange Offer Registration StatementDate, file with the Trustee, and supply the Trustee with copies for delivery to the holders Holders of the Notes and prospective purchasers at the expense of the CompanyNotes, the annual reports, quarterly reports and other periodic reports which the Company would have been required to file with the Commission pursuant to Section 13(a) or 15(d) of the Exchange Act if the Company were subject to such Sections and (ii) if the Commission will not accept the filing of such documents promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective holder Holder of the Notes. Prior . (c) If the Company is not subject to the effectiveness Section 13(a) or 15(d) of the Exchange Offer Registration StatementAct, the Company will shall provide upon request from holders to any Holder or any beneficial owner of Notes any information reasonably requested by such Holder or such beneficial owner concerning the Company and its Subsidiaries (including financial statements) necessary in order to permit such Holder or such beneficial owner to sell or transfer Notes or prospective holders the information required by in compliance with Rule 144A(d)(4) 144A under the Securities Act.

Provision of Financial Statements and Information. Whether or not the Company either Issuer is then subject to Section 13(a) or 15(d) of the Exchange Act, the Company shall will file with the Commission following the effectiveness of the Exchange Offer Registration Statement, so long as any Notes are outstanding, the annual reports, quarterly reports and other periodic reports which the Company would have been required to file with the Commission pursuant to such Section 13(a) or 15(d) if the Company were so subject, and such documents shall be filed with or furnished to the Commission on or prior to the respective dates (the "Required Filing Dates") by which the Company would have been required so to file or furnish such documents if the Company were so subject; provided the Commission will accept such filings. The Company shall will also in any event (i) within 15 days of each Required Filing Date following the effectiveness of the Exchange Offer Registration Statement, file with the Trustee, and supply the Trustee with copies for delivery to the holders of the Notes Holders and prospective purchasers at the expense of the CompanyNotes, the annual reports, quarterly reports and other periodic reports which the Company would have been required to file with the Commission pursuant to Section 13(a) or 15(d) of the Exchange Act if the Company were subject to such Sections and (ii) if the Commission will not accept the filing of such documents promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective holder Holder of the Notes. Prior to the effectiveness of the Exchange Offer Registration Statement, the Company will provide upon request from holders of the Notes Holders or prospective holders Holders of Notes the information required by Rule 144A(d)(4144A(d) (4) under the Securities Act.

Provision of Financial Statements and Information. Whether (a) Following effectiveness of the Exchange Offer (as defined in the Registration Rights Agreement), whether or not the Company is then subject to Section 13(a) or 15(d) of the Exchange Act, the Company shall will file with the Commission following the effectiveness of the Exchange Offer Registration StatementCommission, so long as any Notes are outstanding, the annual reports, quarterly reports and other periodic reports which the Company would have been required to file with the Commission pursuant to such Section 13(a) or 15(d) if the Company were so subject, and such documents shall be filed with the Commission on or prior to the respective dates (the "Required Filing Dates") by which the Company would have been required so to file such documents if the Company were so subject; provided the Commission will accept such filings. Upon qualification of this Indenture under the TIA, the Company shall also comply with the provisions of TIA { 314(a). (b) The Company shall will also in any event (i) within 15 days of each Required Filing Date following the effectiveness of the Exchange Offer Registration StatementDate, file with the Trustee, and supply the Trustee with copies for delivery to the holders Holders of the Notes and prospective purchasers at the expense of the CompanyNotes, the annual reports, quarterly reports and other periodic reports which the Company would have been required to file with the Commission pursuant to Section 13(a) or 15(d) of the Exchange Act if the Company were subject to such Sections and (ii) if the Commission will not accept the filing of such documents promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective holder Holder of the Notes. Prior . (c) Until the Company is subject to the effectiveness Section 13 or 15(d) of the Exchange Offer Registration StatementAct, the Company will shall provide upon request from holders to any Holder or any beneficial owner of Notes any information reasonably requested by such Holder or such beneficial owner concerning the Company and its Subsidiaries (including financial statements) necessary in order to permit such Holder or such beneficial owner to sell or transfer Notes or prospective holders the information required by in compliance with Rule 144A(d)(4) 144A under the Securities Act.