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

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 discuss the information contained in the quarterly reports and the annual reports described in this Section 10.18 not later than 15 days from the time the Company furnishes such reports to the Trustee; provided that the Company shall be deemed to have satisfied this obligation by holding such quarterly or annual conference call to discuss such information with the holders of its equity securities, to the extent that no fewer than three Business Days prior to the date of such conference call, the Company shall have announced the time and date of such conference call and directed the holders or beneficial owners of, and prospective investors in, the Securities and securities analysts and market makers to contact an individual at the Company (for whom contact information shall be provided in such press release) to obtain such financial reports and information on how to access such conference call. 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 conclusively rely exclusively on Officers’ Certificates).

Provision of Financial Statements and Other Information. (a) Whether or not required by the Company is subject to Section 13(a) or 15(d) of the Exchange ActCommission, so long as any Notes are outstanding, the Company will, shall furnish to the extent permitted under Holders, within the Exchange Act, file time periods specified in the Commission's rules and regulations: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission the annual reports, quarterly reports on Forms 10-Q and other documents which the Company would have been required to file with the Commission pursuant to Section 13(a) or 15(d) 10-K if the Company were so subjectrequired to file such Forms, such documents 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; and (2) all current reports that would be required 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 Form 8-K 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 such reports. If the Commission pursuant to Section 13(a) or 15(d) Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the Exchange Act if 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 were subject to either and its Restricted Subsidiaries separate from the financial condition and results of such Sections and operations of the Unrestricted Subsidiaries of the Company. (b) if filing such documents In addition, whether or not required 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 ActCommission, the Company shall include such Guarantor’s financial statements in any filing or delivery pursuant to this Indenture. In addition, so long as any file a copy of all of the Securities remain outstanding, information and reports referred to in clauses (a)(1) and (a)(2) above with the Company 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 any securities analysts and prospective purchaser of Securities or beneficial owner of Securities in connection with any sale thereof investors upon request. The Company shall also furnish to Holders, securities analysts and prospective investors upon request the information required by to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, until such time as the Company has either exchanged the Securities for 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 discuss the information contained in the quarterly reports and the annual reports described in this Section 10.18 not later than 15 days from the time the Company furnishes such reports to the Trustee; provided that the Company shall be deemed to have satisfied this obligation by holding such quarterly or annual conference call to discuss such information with the holders of its equity securities, to the extent that no fewer than three Business Days prior to the date of such conference call, the Company shall have announced the time and date of such conference call and directed the holders or beneficial owners of, and prospective investors in, the Securities and securities analysts and market makers to contact an individual at the Company (for whom contact information shall be provided in such press release) to obtain such financial reports and information on how to access such conference call. 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 conclusively rely exclusively on Officers’ Certificates).

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) The Issuer shall furnish to the Holders, within 15 days of each Required Filing Date file with the Trustee copies of time periods specified in the annual reports, quarterly reports Commission’s rules and other documents which the Company would have been regulations but whether or not 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 ActCommission, promptly upon written request (i) all quarterly 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, annual financial statements information that would be required to be included 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. (b) For as long as the Issuer has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by paragraph (a) above will include a reasonably detailed presentation, either on the face of the financial statements filed or delivered pursuant to this Indenture if in the Company were subject to Section 13(afootnotes 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 Issuer and the Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries. (c) or 15(dIn the event clause (i) of paragraph (a) applies, whether or not required by the Exchange ActCommission, the Company Issuer shall include such Guarantor’s financial statements in any filing or delivery pursuant to this Indenture. In addition, so long as any file a copy of all of the Securities remain outstanding, information and reports referred to in paragraph (a) with the Company Commission for public availability within the time periods specified in the Commission’s rules and regulations (unless the Commission will make available to any prospective purchaser not accept such a filing that does not contain all of Securities or beneficial owner of Securities in connection with any sale thereof the information required by the Commission’s rules) and make such information available to prospective investors upon request. The Issuer will also furnish to Holders and prospective investors upon request the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. (d) At the Issuer’s expense, until the Issuer shall cause all reports and other information referred to in paragraphs (a), (b) and (c) above to be mailed to the Trustee and to the Noteholders at their addresses appearing in the Register within 15 days after they file them as required. (e) The Issuer shall, upon request, provide to any Noteholder or any prospective transferee of any such time as Noteholder any information concerning the Company has either exchanged the Securities for securities identical Issuer (including financial statements) necessary in all material respects which have been registered under the Securities Act order to permit such Noteholder to sell or until such time as the holders thereof have disposed of such Securities pursuant to an effective registration statement transfer Notes in compliance with Rule 144A under the Securities Act. Any document or report ; provided, however, that the Company files Issuer shall not be required to furnish such information in connection with any request made on or after 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 discuss the information contained in the quarterly reports and the annual reports described in this Section 10.18 not later than 15 days date which is two years from the time the Company furnishes such reports to the Trustee; provided that the Company shall be deemed to have satisfied this obligation by holding such quarterly or annual conference call to discuss such information with the holders later of its equity securities, to the extent that no fewer than three Business Days prior to (i) the date such Note (or any predecessor Note) was acquired from the Issuer or (ii) the date such Note (or any predecessor Note) was last acquired from an “affiliate” of such conference call, the Company shall have announced Issuer within the time and date meaning of such conference call and directed the holders or beneficial owners of, and prospective investors in, Rule 144 under the Securities and securities analysts and market makers to contact an individual at the Company (for whom contact information shall be provided in such press release) to obtain such financial reports and information on how to access such conference call. 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 conclusively rely exclusively on Officers’ Certificates)Act.

Provision of Financial Statements and Other Information. Whether or not (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 as promptly as reasonably practicable) and each prospective holder of Notes 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; provided, however, that the Company will deliver to the Trustee comparable information with respect to the fiscal quarter preceding the Issue Date on or prior to June 15, 1998. At all times when the Company is not subject to the reporting requirements of Section 13(a) 13 or 15(d) of the Exchange Act, the Company willwill nonetheless file with the Commission, to the extent permitted under by the Exchange ActCommission, file and irregardless 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 as promptly as reasonably practicable) with such quarterly and 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 reports specified in any event (a) within 15 days of each Required Filing Date file with the Trustee copies of the annual reports, quarterly reports Sections 13 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 will also make such reports available to prospective investors, the Company shall include such Guarantor’s financial statements in any filing or delivery pursuant to this Indenturesecurities analysts and broker-dealers upon their request. In addition, for so long as any of the Securities Notes remain outstanding, the Company will make available furnish to any the holders of Notes and to securities analysts and prospective purchaser of Securities or beneficial owner of Securities in connection with any sale thereof investors, upon their request, the information required by to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, until and, to any beneficial holder of Notes, if not obtainable from the Commission, information of the type that would be filed with the Commission pursuant to the foregoing provisions upon the request of any such time as Holder. Upon qualification of this Indenture under the TIA, the Company has either exchanged and the Securities for securities identical Subsidiary Guarantors shall also comply with the provisions of TIA Section 314(a). (b) The Company will, upon request, provide to any Holder of Notes or any prospective transferee of any such Holder any information concerning the Company (including financial statements) necessary in all material respects which have been registered under the Securities Act order to permit such Holder to sell or until such time as the holders thereof have disposed of such Securities pursuant to an effective registration statement transfer Notes in compliance with Rule 144 and Rule 144A 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 discuss the information contained in the quarterly reports and the annual reports described in this Section 10.18 not later than 15 days from the time the Company furnishes such reports to the Trustee; provided that the Company shall be deemed to have satisfied this obligation by holding such quarterly or annual conference call to discuss such information with the holders of its equity securities, to the extent that no fewer than three Business Days prior to the date of such conference call, the Company shall have announced the time and date of such conference call and directed the holders or beneficial owners of, and prospective investors in, the Securities and securities analysts and market makers to contact an individual at the Company (for whom contact information shall be provided in such press release) to obtain such financial reports and information on how to access such conference call. 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 conclusively rely exclusively on Officers’ Certificates).

Provision of Financial Statements and Other Information. (A) Whether or not required by the Company is subject to Section 13(a) or 15(d) of the Exchange ActCommission, so long as any Notes are outstanding, the Company will, will furnish to the extent permitted under Trustee and the Exchange ActHolders, file within the time periods specified in the Commission's rules and regulations: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission the annual reports, quarterly reports on Forms 10-Q and other documents which the Company would have been required to file with the Commission pursuant to Section 13(a) or 15(d) 10-K if the Company were so subjectrequired to file such Forms, such documents 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; and (2) all current reports that would be required 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 Form 8-K if the Company were so subjectrequired to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph will 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. (B) In addition, whether or not required by the Commission, the Company will file a copy of all of the information and reports referred to in clauses (A)(1) and (A)(2) above 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) and make such information available to securities analysts and prospective investors upon request. The Company will also in any event (a) within 15 days of each Required Filing Date file with furnish to Holders, securities analysts and prospective investors upon request 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 information 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 144 and Rule 144A(d)(4) under the Securities Act, until such time as the . 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 shall also comply 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 provisions of this TIA 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 discuss the information contained in the quarterly reports and the annual reports described in this Section 10.18 not later than 15 days from the time the Company furnishes such reports to the Trustee; provided that the Company shall be deemed to have satisfied this obligation by holding such quarterly or annual conference call to discuss such information with the holders of its equity securities, to the extent that no fewer than three Business Days prior to the date of such conference call, the Company shall have announced the time and date of such conference call and directed the holders or beneficial owners of, and prospective investors in, the Securities and securities analysts and market makers to contact an individual at the Company (for whom contact information shall be provided in such press release) to obtain such financial reports and information on how to access such conference call. 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 conclusively rely exclusively on Officers’ Certificates314(a).