Provision of Financial Statements and Other Information. (A) Whether or not required by the Commission, so long as any Notes are outstanding, the Company will furnish to the Trustee and the Holders, within the time periods specified in the Commission's rules and regulations:
Provision of Financial Statements and Other Information. (a) Commencing with the first fiscal quarter of the Company ending after the Issue Date, the Issuers will file with the Commission all information, documents and reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act and will provide the Trustee and the Noteholders with copies of all such information, documents and reports within 15 days of filing thereof with the Commission; provided that if the Issuers are not -------- required to file such information, documents or reports with the Commission, they will nonetheless continue to furnish such information, documents and reports required to be filed by issuers subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act to the Trustee and the Noteholders within 15 days of the date on which filing with the Commission would have been required. The Issuers shall also comply with the provisions of TIA (S) 314(a). The Trustee shall retain such reports, information and documents at its Corporate Trust Office and permit any Noteholder to examine such material upon prior written request at reasonable times. Except to determine whether the Issuers have complied with the provisions of this Section 4.02, the Trustee shall not be required to examine or review such material or any of it and shall not be considered to have had notice, constructive or otherwise, from anything set forth in such material of any Default or other fact or event which might require the Trustee to take any action or give any notice hereunder.
Provision of Financial Statements and Other Information. Whether or not the Company is subject to Section 13(a) or 15(d) of the Exchange Act, the Company will, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13(a) or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the date (the “Required Filing Date”) by which the Company would have been required so to file such documents if the Company were so subject. The Company will also in any event (a) within 15 days of each Required Filing Date file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13(a) or 15(d) of the Exchange Act if the Company were subject to either of such Sections and (b) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective holder at the Company’s cost. If any Guarantor’s, if any, financial statements would be required to be included in the financial statements filed or delivered pursuant to this Indenture if the Company were subject to Section 13(a) or 15(d) of the Exchange Act, the Company shall include such Guarantor’s financial statements in any filing or delivery pursuant to this Indenture. In addition, so long as any of the Securities remain outstanding, the Company will make available to any prospective purchaser of Securities or beneficial owner of Securities in connection with any sale thereof the information required by Rule 144A(d)(4) under the Securities Act, until such time as the Company has either exchanged the Securities for securities identical in all material respects which have been registered under the Securities Act or until such time as the holders thereof have disposed of such Securities pursuant to an effective registration statement under the Securities Act. Any document or report that the Company files with the SEC via the Commission’s XXXXX system shall be deemed to be filed with the Trustee and mailed to all Holders for purposes of this Section 10.18 at the time such documents are filed via the XXXXX system. In addition, the Company shall hold a quarterly and an annual conference call to...
Provision of Financial Statements and Other Information. (a) Subject to clause (b) hereof, the Company shall deliver to the Trustee (including sufficient copies to be delivered to the Holders by the Trustee) within 15 calendar days after the filing of the same with the Commission, copies of the quarterly and annual reports and other reports, if any, which the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act or pursuant to this Section 4.02. At all times when the Company is not subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company will nonetheless file with the Commission, to the extent permitted by the Commission, and regardless of any such filing provide the Trustee within 15 calendar days of the filing thereof with the Commission (or within 15 calendar days of when filing would ordinarily be required if not then permitted) (including sufficient copies to be delivered to the Holders by the Trustee) with such quarterly and annual reports and other reports specified in clause (b) below. Upon qualification of this Indenture under the TIA, the Company shall also comply with the provisions of TIA Section 314(a).
Provision of Financial Statements and Other Information. (a) The Issuer shall furnish to the Holders, within the time periods specified in the Commission’s rules and regulations but whether or not required by the Commission, (i) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 20-F, 40-F and 6-K, as applicable, if the Issuer were required to file such Forms, or (ii) so long as (A) CanWest is required to file periodic reports with the Commission under the Exchange Act and is in compliance with such requirements and (B) the Issuer is required to make publicly available periodic reports at least quarterly and annually under applicable Canadian law and files such reports on the SEDAR® system or any successor system, then the Issuer may, in lieu of its obligation under clause (i) above, furnish to the Holders, within the time periods specified in the applicable rules and regulations, all such periodic reports so required to be made publicly available, including in the case of either clause (i) or clause (ii), a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, a report on the annual financial statements by the Issuer’s chartered accountants; provided that such information may be prepared in accordance with GAAP so long as it is reconciled to generally accepted accounting principles in the United States as permitted or required by the Commission for foreign private issuers.
Provision of Financial Statements and Other Information. (a) The Company will file with the Commission all information, documents and reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act and will provide the Trustee and the Noteholders with copies of all such information, documents and reports within 15 days of filing thereof with the Commission; PROVIDED that if the Company is not required to file such information, documents or reports with the Commission, it will nonetheless continue to furnish such information, documents and reports required to be filed by a company subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act to the Trustee and the Noteholders within 15 days of the date on which filing with the Commission would have been otherwise required. The Company shall also comply with the provisions of TIA Section 314(a). Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates).
Provision of Financial Statements and Other Information. (a) Whether or not required by the Commission, so long as any Notes are outstanding, the Company will furnish to the Holders and, so long as the Notes are listed and admitted for trading thereon, the Luxembourg Stock Exchange:
Provision of Financial Statements and Other Information. (a) After the Amalgamation, and so long as any Notes are outstanding, the Issuer shall furnish to the Holders, within the time periods specified in the Commission’s rules and regulations but whether or not required by the Commission, (i) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 20-F, 40-F and 6-K, as applicable, if the Issuer were required to file such Forms, or (ii) so long as (A) CanWest is required to file periodic reports with the Commission under the Exchange Act and is in compliance with such requirements and (B) the Issuer is required to make publicly available periodic reports at least quarterly and annually under applicable Canadian law and files such reports on the SEDAR® system or any successor system, then the Issuer may, in lieu of its obligation under clause (i) above, furnish to the Holders, within the time periods specified in the applicable rules and regulations, all such periodic reports so required to be made publicly available, including in the case of either clause (i) or clause (ii), a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, a report on the annual financial statements by the Issuer’s chartered accountants; provided that such information may be prepared in accordance with GAAP so long as it is reconciled to generally accepted accounting principles in the United States as permitted or required by the Commission for foreign private issuers.
Provision of Financial Statements and Other Information. Notwithstanding that Parent may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act or otherwise required to report on an annual and quarterly basis on forms provided for such annual and quarterly reporting pursuant to rules and regulations promulgated by the Commission, Parent will file with the Commission (and provide the Trustee and, if such reports are not then available to the public on the Internet free of charge, each Holder with copies thereof, without cost to each Holder, within 15 days after it files them with the Commission),
Provision of Financial Statements and Other Information. (a) Following consummation of the exchange offer contemplated by the Registration Rights Agreement, the Company will file with the Commission all information, documents and reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act and will provide the Trustee and the Holders with copies of all such information, documents and reports (excluding reports filed in connection with events reported solely pursuant to Item 5 thereof) within 15 days of filing thereof with the Commission; PROVIDED that if the Company is not required to file such information, documents or reports with the Commission, it will nonetheless continue to furnish such information, documents and reports (excluding reports filed in connection with events reported solely pursuant to Item 5 thereof) required to be filed by a company subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act to the Trustee and the Holders within 15 days of the date on which filing with the Commission would have been otherwise required and will file such information, documents and reports with the Commission unless the Commission will not accept such a filing. The Company shall also comply with the provisions of TIA ss. 314(a). Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates).
