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

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. (b) The Issuers will, upon request, provide to any Holder or any prospective transferee of any such Holder any information concerning the Issuers (including financial statements) necessary in order to permit such Holder to sell or transfer Notes in compliance with Rule 144 and Rule 144A under the Securities Act.

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) ss. 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. (b) The Issuers will, upon request, provide to any Holder or any prospective transferee of any such Holder any information concerning the Issuers (including financial statements) necessary in order to permit such Holder to sell or transfer Notes in compliance with Rule 144 and Rule 144A under the Securities Act.

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. (b) The Issuers will, upon request, provide to any Holder or any prospective transferee of any such Holder any information concerning the Issuers (including financial statements) necessary in order to permit such Holder to sell or transfer Notes in compliance with Rule 144 and Rule 144A under the Securities Act.

Provision of Financial Statements and Other Information. (a) Commencing with the first fiscal quarter of the Company Issuer ending after the Issue Date, the Issuers Issuer 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 by prominently posting such reports on its website within 15 days of filing thereof with the Commission; provided that if the Issuers are Issuer is not -------- required to file such information, documents or reports with the Commission, they it 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 (other than Forms 8-K) to the Trustee and the Noteholders by prominently posting such reports on its website within 15 days of the date on which filing with the Commission would have been required. The Issuers Issuer shall also comply with the provisions of TIA (S) Section 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 Issuer has 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. (b) The Issuers will, upon request, provide to any Holder or any prospective transferee of any such Holder any information concerning the Issuers (including financial statements) necessary in order to permit such Holder to sell or transfer Notes in compliance with Rule 144 and Rule 144A under the Securities Act.

Provision of Financial Statements and Other Information. (a) Commencing with the first fiscal quarter of the Company ending after the Issue Date, the Issuers Issuer 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 Issuer is not -------- required to file such information, documents or reports with the Commission, they it 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 (other than Forms 8-k) to the Trustee and the Noteholders and prominently post such reports on its website within 15 days of the date on which filing with the Commission would have been required. The Issuers Issuer 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 Issuer has 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. (b) The Issuers will, upon request, provide to any Holder or any prospective transferee of any such Holder any information concerning the Issuers (including financial statements) necessary in order to permit such Holder to sell or transfer Notes in compliance with Rule 144 and Rule 144A under the Securities Act.