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

Provision of Financial Statements and Reports. (a) Whether or not the Company is subject to Section 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall file with the Commission (if permitted by Commission practice and applicable law and regulations) the annual reports, quarterly reports and other documents which are required to be filed with the Commission pursuant to such Section 13(a) or 15(d) or any successor provision thereto, such documents to be filed with the Commission on or prior to the respective dates (the "Required Filing Dates") required by such Section 13(a) or 15(d) of the Exchange Act regardless of whether the Company is required to file such documents. The Company shall also in any event (a) within 15 days of each Required Filing Date (whether or not permitted or required to be filed with the Commission (i) transmit (or cause to be transmitted) by mail to all holders of Securities, as their names and addresses appear in the applicable Security Register, without cost to such holders, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company is required to file with the Commission pursuant to the preceding sentence, or, if such filing is not so permitted, information and data of a similar nature, and (b) if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission is not permitted by Commission practice or applicable law or regulations, promptly upon written request supply copies of such documents to any holder of Securities. (b) The Company will disclose the current and accumulated earnings and profits, if any, for any fiscal year in its annual report on form 10K so long as it is required to file such reports. Thereafter, the Company will provide such information separately to the Holders who so request by written notice to the Company.

Provision of Financial Statements and Reports. (a) Whether or not the Company is then subject to Section 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall will file with the Commission (if unless such filing is not permitted by Commission practice and applicable law and regulations) under the Exchange Act), so long as the Securities of either series are outstanding, the annual reports, quarterly reports and 88 100 other documents which are periodic reports that the Company would have been required to be filed file with the Commission pursuant to such Section 13(a) or 15(d) or any successor provision theretoif the Company were so subject, and such documents to shall be filed with the Commission on or prior to the respective dates (the "Required Filing Dates") required by such Section 13(a) or 15(d) of the Exchange Act regardless of whether which the Company is would have been required so to file such documentsdocuments if the Company were so subject. The Company shall will also in any event (ai) within 15 days of each Required Re quired Filing Date Date, (whether or not permitted or required to be filed with the Commission (ia) transmit (or cause to be transmitted) transmitted by mail to all holders Holders of Securities, as their names and addresses appear in the applicable Security Register, without cost to such holdersHolders, and (iib) file with the Trustee copies of the annual reports, quarterly reports and other documents periodic reports which the Company is would have been required to file with the Commission pursuant to Section 13(a) or 15(d) of the preceding sentence, or, Exchange Act if the Company were subject to such filing is not so permitted, information and data of a similar nature, Sections and (bii) if, notwithstanding the preceding sentence, if filing such documents by the Company with the Commission is not permitted by Commission practice or applicable law or regulationsprohibited 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 holder of Securities. (b) The Company will disclose the current and accumulated earnings and profits, if any, for any fiscal year in its annual report on form 10K so long as it is required to file such reports. Thereafter, the Company will provide such information separately to the Holders who so request by written notice to prospective Holder at the Company's cost.

Provision of Financial Statements and Reports. (a) Whether or not the Company is then subject to Section 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall will file with the Commission (if unless such filing is not permitted by Commission practice and applicable law and regulations) under the Exchange Act), so long as the Notes are outstanding, the annual reports, quarterly reports and other documents periodic reports which are the Company would have been required to be filed file with the Commission pursuant to such Section 13(a) or 15(d) or any successor provision theretoif the Company were so subject, and such documents to shall be filed with the Commission on or prior to the respective dates (the "Required Filing Dates") required by such Section 13(a) or 15(d) of the Exchange Act regardless of whether which the Company is would have been required so to file such documentsdocuments if the Company were so subject. The Company shall will also in any event (ai) within 15 days of each Required Filing Date Date, (whether or not permitted or required to be filed with the Commission (ia) transmit (or cause to be transmitted) transmitted by mail to all holders Holders of SecuritiesNotes, as their names and addresses appear in the applicable Security RegisterNote register, without cost to such holdersHolders, and (iib) file with the Trustee copies of the annual reports, quarterly reports and other documents periodic reports which the Company is would have been required to file with the Commission pursuant to Section 13(a) or 15(d) of the preceding sentence, or, Exchange Act if the Company were subject to such filing is not so permitted, information and data of a similar nature, Sections and (bii) if, notwithstanding the preceding sentence, if filing such documents by the Company with the Commission is not permitted by Commission practice or applicable law or regulationsprohibited 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 of Securities. (b) at the Company's cost. The Company will disclose also shall comply with the current and accumulated earnings and profitsother provisions of TIA ss. 314(a). In addition, if any, for any fiscal year in its annual report on form 10K so long as it is required to file such reports. Thereafterthe extent applicable, the Company will provide shall cause its annual reports to stockholders and any quarterly or other financial reports furnished to stockholders generally to be filed with the Trustee and mailed, no later than the date such information separately materials are mailed or made available to the Company's stockholders, to the Holders who so request at their addresses as set forth in the register of securities maintained by written notice the Note Registrar. Additionally, the Company shall deliver to the Trustee, on March 31 of each year during which the Notes are outstanding a statement regarding compliance with the terms of this Indenture. In addition, the Company, upon becoming aware of any Default or Event of Default, shall deliver to the Trustee a statement specifying such Default or Event of Default.

Provision of Financial Statements and Reports. (a) Whether or not the Company is subject to Section 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall file with the Commission (if permitted by Commission practice and applicable law and regulations) the annual reports, quarterly reports and other documents which are the Company would have been required to be filed file with the Commission pursuant to such Section 13(a) or 15(d) or any successor provision theretothereto if the Company were so required, such documents to be filed with the Commission on or prior to the respective dates (the "Required Filing Dates") required by such Section 13(a) or 15(d) of the Exchange Act regardless of whether which the Company is would have been required so to file such documentsdocuments if the Company were so required. The Company shall also in any event (a) within 15 days of each Required Filing Date (whether or not permitted or required to be filed with the Commission (i) transmit (or cause to be transmitted) by mail to all holders of Securities, as their names and addresses appear in the applicable Security Register, without cost to such holders, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company is required to file with the Commission pursuant to the preceding sentence, or, if such filing is not so permitted, information and data of a similar nature, and (b) if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission is not permitted by Commission practice or applicable law or regulations, promptly upon written request supply copies of such documents to any holder of Securities. (b) The Company will disclose the current and accumulated earnings and profits, if any, for any fiscal year in its annual report on form 10K so long as it is required to file such reports. Thereafter, the Company will provide such information separately to the Holders who so request by written notice to the Company.

Provision of Financial Statements and Reports. (a) Whether or not the Company is then subject to Section 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall will file with the Commission (if unless such filing is not permitted by Commission practice and applicable law and regulations) under the Exchange Act), so long as the Notes are outstanding, the annual reports, quarterly reports and other documents which are periodic reports that the Company would have been required to be filed file with the Commission pursuant to such Section 13(a) or 15(d) or any successor provision theretoif the Company were so subject, and such documents to shall be filed with the Commission on or prior to the respective dates (the "Required Filing Dates") required by such Section 13(a) or 15(d) of the Exchange Act regardless of whether which the Company is would have been required so to file such documentsdocuments if the Company were so subject. The Company shall will also in any event (ai) within 15 days of each Required Filing Date Date, (whether or not permitted or required to be filed with the Commission (ia) transmit (or cause to be transmitted) transmitted by mail to all holders Holders of SecuritiesNotes, as their names and addresses appear in the applicable Security Register, without cost to such holdersHolders, and (iib) file with the Trustee copies of the annual reports, quarterly reports and other documents periodic reports which the Company is would have been required to file with the Commission pursuant to Section 13(a) or 15(d) of the preceding sentence, or, Exchange Act if the Company were subject to such filing is not so permitted, information and data of a similar nature, Sections and (bii) if, notwithstanding the preceding sentence, if filing such documents by the Company with the Commission is not permitted by Commission practice or applicable law or regulationsprohibited 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 holder of Securities. (b) The Company will disclose the current and accumulated earnings and profits, if any, for any fiscal year in its annual report on form 10K so long as it is required to file such reports. Thereafter, the Company will provide such information separately to the Holders who so request by written notice to prospective Holder at the Company's cost.

Provision of Financial Statements and Reports. (a) Whether or not the Company is then subject to Section 13(aSection13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall will file with the Commission (if unless such filing is not permitted by Commission practice and applicable law and regulations) under the Exchange Act), so long as the Notes are outstanding, the annual reports, quarterly reports and other documents periodic reports which are the Company would have been required to be filed file with the Commission pursuant to such Section 13(aSection13(a) or 15(d) or any successor provision theretoif the Company were so subject, and such documents to shall be filed with the Commission on or prior to the respective dates (the "Required Filing DatesREQUIRED FILING DATES") required by such Section 13(a) or 15(d) of the Exchange Act regardless of whether which the Company is would have been required so to file such documentsdocuments if the Company were so subject. The Company shall will also in any event (a) within i)within 15 days of each Required Filing Date Date, (whether or not permitted or required to be filed with the Commission (i) transmit (a)transmit or cause to be transmitted) transmitted by mail to all holders Holders of SecuritiesNotes, as their names and addresses appear in the applicable Security Note Register, without cost to such holdersHolders, and (ii) file b)file with the Trustee copies of the annual reports, quarterly reports and other documents periodic reports which the Company is would have been required to file with the Commission pursuant to Section13(a) or 15(d) of the preceding sentence, or, Exchange Act if the Company were subject to such filing is not so permitted, information and data of a similar nature, Sections and (b) if, notwithstanding the preceding sentence, ii)if filing such documents by the Company with the Commission is not permitted by Commission practice or applicable law or regulationsprohibited 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 holder of Securities. (b) prospective Holder at the Company's cost. The Company will disclose also shall comply with the current and accumulated earnings and profits, if any, for any fiscal year in its annual report on form 10K so long as it is required to file such reports. Thereafter, the Company will provide such information separately to the Holders who so request by written notice to the Companyprovisions of TIA 314(a).

Provision of Financial Statements and Reports. (a) Whether or not the Company is subject to Section 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall file with the Commission (if permitted by Commission practice and applicable law and regulations) the annual reports, quarterly reports and other documents which are required to be filed with the Commission pursuant to such Section 13(a) or 15(d) or any successor provision thereto, such documents to be filed with the Commission on or prior to the respective dates (the "“Required Filing Dates"”) required by such Section 13(a) or 15(d) of the Exchange Act regardless of whether the Company is required to file such documents. The Company shall also in any event (a) within 15 days of each Required Filing Date (whether or not permitted or required to be filed with the Commission Commission) (i) transmit (or cause to be transmitted) by mail to all holders of Securities, as their names and addresses appear in the applicable Security Register, without cost to such holders, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company is required to file with the Commission pursuant to the preceding sentence, or, if such filing is not so permitted, information and data of a similar nature, and (b) if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission is not permitted by Commission practice or applicable law or regulations, promptly upon written request supply copies of such documents to any holder of Securities. (b) The Company will disclose the current and accumulated earnings and profits, if any, for any fiscal year in its annual report on form 10K so long as it is required to file such reports. Thereafter, the Company will provide such information separately to the Holders who so request by written notice to the Company.