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

Provision of Financial Statements and Reports. (a) So long as any of the Notes remain outstanding, the Company will file with the Trustee and furnish to the Holders upon request, as soon as they are available but in any event not more than 10 calendar days after they are filed with the United States Securities and Exchange Commission or the New York Stock Exchange or any other recognized securities exchange on which the Company’s Common Stock are at any time listed for trading, true and correct copies of any financial or other report in the English language filed with such commission or exchange; provided that if at any time the Company ceases to be subject to the periodic reporting requirements of the Exchange Act or its Common Stock ceases to be listed for trading on a recognized securities exchange, the Company will file with the Trustee and furnish to the Holders: (i) as soon as they are available, but in any event within 90 calendar days after the end of the fiscal year of the Company, copies of its financial statements (on a consolidated basis and in the English language) in respect of such financial year (including a statement of income, balance sheet and cash flow statement) prepared in accordance with GAAP and audited by a member firm of an internationally-recognized firm of independent accountants; (ii) as soon as they are available, but in any event within 45 calendar days after the end of the second fiscal quarter of the Company, copies of its financial statements (on a consolidated basis and in the English language) in respect of such half-year period (including a statement of income, balance sheet and cash flow statement) prepared in accordance with GAAP and reviewed by a member firm of an internationally-recognized firm of independent accountants; and (iii) as soon as they are available, but in any event within 45 calendar days after the end of each of the first and third fiscal quarters of the Company, copies of its unaudited financial statements (on a consolidated basis and in the English language), including a statement of income, balance sheet and cash flow statement prepared in accordance with GAAP, and prepared on a basis consistent with the audited financial statements of the Company together with a certificate signed by the person then authorized to sign financial statements on behalf of the Company to the effect that such financial statements are true in all material respects and present fairly the financial position of the Company as at the end of, and the results of its operations for, the relevant quarterly period. (b) So long as any of the Notes remain outstanding, the Company will provide to the Trustee (a) within 120 days after the close of each fiscal year ending after the Original Issue Date, an Officers’ Certificate stating the Fixed Charge Coverage Ratio with respect to the four most recent fiscal quarter periods and showing in reasonable detail the calculation of the Fixed Charge Coverage Ratio, including the arithmetic computations of each component of the Fixed Charge Coverage Ratio, with a certificate from the Company’s external auditors verifying the accuracy and correctness of the calculation and arithmetic computation; provided that the Company shall not be required to provide such auditor certificate if its external auditors refuse to provide such certificate as a result of a policy of such external auditors not to provide such certificate; (b) as soon as possible and in any event within five days after a change in the rating of the Notes by any Rating Agency, an Officers’ Certificate stating such change in rating has occurred; and (c) as soon as possible and in any event within 30 days after the Company becomes aware or should reasonably become aware of the occurrence of a Default, an Officers’ Certificate setting forth the details of the Default, and the action which the Company proposes to take with respect thereto. (c) Delivery of these reports and information to the Trustee is for informational purposes only and the Trustee’s receipt of them will not constitute actual constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Company and Subsidiary Guarantors’ compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee is not obliged to examine, distribute or request such report, information or document from the Company and/or the Subsidiary Guarantors.

Provision of Financial Statements and Reports. The Issuer will deliver to Trustee (with sufficient copies for each Bondholder): (a) So long as any of the Notes remain outstanding, the Company will file with the Trustee subject to paragraphs (e) and furnish to the Holders upon request(f)(i) below, as soon as they are available available, but in any event not more than 10 calendar within one hundred and twenty days after they are filed with the United States Securities and Exchange Commission or the New York Stock Exchange or any other recognized securities exchange on which the Company’s Common Stock are at any time listed for trading, true and correct copies end of any financial or other report in the English language filed with such commission or exchange; provided that if at any time the Company ceases to be subject to the periodic reporting requirements of the Exchange Act or its Common Stock ceases to be listed for trading on a recognized securities exchange, the Company will file with the Trustee and furnish to the Holderseach Financial Year: (i) copies of the financial statements (on a consolidated basis) of the Issuer in respect of such Financial Year (including statements of income and cash flows and balance sheet) audited by the Auditors; and (ii) a certificate issued by the Auditors setting out the numbers (on an unconsolidated basis) in the financial statements of each of the Issuer and Opco required for the calculation of the financial covenants referred to in Conditions 6.12 to 6.15; (b) as soon as they are available, but in any event within 90 calendar ninety days after the end of the fiscal year of the Companyeach Semi-Annual Period ending on 30 June, copies of its the financial statements (on a consolidated basis and in the English languagecase of the Issuer and on an unconsolidated basis in the case of Opco) of each of the Issuer and Opco in respect of such financial year Semi-Annual Period (including a statement statements of income, balance sheet income and cash flow statement) prepared in accordance with GAAP flows and audited by a member firm of an internationally-recognized firm of independent accountantsbalance sheet); (iic) as soon as they are available, but in any event within 45 calendar forty five days after the end of the second fiscal quarter of the Companyeach Quarterly Period, copies of its financial statements the management accounts (both on a consolidated basis and in an unconsolidated basis) of the English language) Issuer in respect of such half-year period Quarterly Period (including a statement statements of income, balance sheet income and cash flow statement) prepared in accordance with GAAP flows and reviewed by a member firm of an internationally-recognized firm of independent accountants; andbalance sheet); (iiid) as soon as they are available, but in any event within 45 calendar thirty days after the end of each of the first and third fiscal quarters of the Companymonth, copies of its unaudited the management accounts of Opco in respect of such month (including statements of income and cash flows and balance sheet); (e) as soon as they are available, but in any event before 31 January 2008, copies of the financial statements (on a consolidated basis basis) of the Issuer in respect of its nine month financial period ended 30 September 2007 (including statements of income and cash flows and balance sheet) with a draft report prepared by the Auditors in respect of such financial statements; (i) if the same is prepared for the purpose of effecting a Complying IPO in the English languagefirst Quarterly Period of 2008, as soon as they are available, but in any event before 31 March 2008, copies of the financial statements (on a consolidated basis) of the Issuer in respect of its Financial Year ended 31 December 2007 (including statements of income and cash flows and balance sheet) audited by the Auditors; and (ii) if a Complying IPO does not occur in the first Quarterly Period of 2008 and (i) above does not apply, as soon as they are available, but in any event before 31 March 2008, copies of the financial statements (on a consolidated basis) of the Issuer in respect of its Financial Year ended 31 December 2007 (including statements of income and cash flows and balance sheet), including with a statement draft report prepared by the Auditors in respect of income, balance sheet and cash flow statement prepared in accordance with GAAP, and prepared on a basis consistent with such financial statements; (g) (i) commencing from the audited financial statements end of the Company together with a certificate signed by the person then authorized to sign financial statements on behalf of the Company to the effect that such financial statements are true in all material respects and present fairly the financial position of the Company as at the end of, and the results of its operations for, the relevant quarterly period. (b) So long as any of the Notes remain outstanding, the Company will provide to the Trustee (a) within 120 days first month after the close of each fiscal year ending after the Original Issue Date, an Officers’ Certificate stating together with each set of management account delivered under paragraph (d) above, a management report signed by a director of the Fixed Charge Coverage Ratio with respect Issuer relating to the four most recent fiscal quarter periods and showing in reasonable detail the calculation of the Fixed Charge Coverage Ratio, including the arithmetic computations of each component of the Fixed Charge Coverage Ratio, with a certificate from the Company’s external auditors verifying the accuracy and correctness of the calculation and arithmetic computation; provided that the Company shall not be required to provide such auditor certificate if its external auditors refuse to provide such certificate as a result of a policy of such external auditors not to provide such certificate; (b) as soon as possible and in any event within five days after a change in the rating of the Notes by any Rating Agency, an Officers’ Certificate stating such change in rating has occurred; and (c) as soon as possible and in any event within 30 days after the Company becomes aware or should reasonably become aware of the occurrence of a Default, an Officers’ Certificate setting forth the details of the Default, and the action which the Company proposes to take with respect thereto. (c) Delivery of these reports and information to the Trustee is for informational purposes only and the Trustee’s receipt of them will not constitute actual constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Company and Subsidiary Guarantors’ compliance with any of its covenants hereunder Project (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee is not obliged to examine, distribute or request such report, information or document from the Company and/or the Subsidiary Guarantors.defined in Condition 6.28) for that calendar month; and

Provision of Financial Statements and Reports. The Issuer will deliver to Trustee (with sufficient copies for each Bondholder): (a) So long as any of the Notes remain outstanding, the Company will file with the Trustee subject to paragraphs (e) and furnish to the Holders upon request(f)(i) below, as soon as they are available available, but in any event not more than 10 calendar within one hundred and twenty days after they are filed with the United States Securities and Exchange Commission or the New York Stock Exchange or any other recognized securities exchange on which the Company’s Common Stock are at any time listed for trading, true and correct copies end of any financial or other report in the English language filed with such commission or exchange; provided that if at any time the Company ceases to be subject to the periodic reporting requirements of the Exchange Act or its Common Stock ceases to be listed for trading on a recognized securities exchange, the Company will file with the Trustee and furnish to the Holderseach Financial Year: (i) copies of the financial statements (on a consolidated basis) of the Issuer in respect of such Financial Year (including statements of income and cash flows and balance sheet) audited by the Auditors; and (ii) a certificate issued by the Auditors setting out the numbers (on an unconsolidated basis) in the financial statements of each of the Issuer and Opco required for the calculation of the financial covenants referred to in Conditions 6.12 to 6.15; (b) as soon as they are available, but in any event within 90 calendar ninety days after the end of the fiscal year of the Companyeach Semi- Annual Period ending on 30 June, copies of its the financial statements (on a consolidated basis and in the English languagecase of the Issuer and on an unconsolidated basis in the case of Opco) of each of the Issuer and Opco in respect of such financial year Semi-Annual Period (including a statement statements of income, balance sheet income and cash flow statement) prepared in accordance with GAAP flows and audited by a member firm of an internationally-recognized firm of independent accountantsbalance sheet); (iic) as soon as they are available, but in any event within 45 calendar forty five days after the end of the second fiscal quarter of the Companyeach Quarterly Period, copies of its financial statements the management accounts (both on a consolidated basis and in an unconsolidated basis) of the English language) Issuer in respect of such half-year period Quarterly Period (including a statement statements of income, balance sheet income and cash flow statement) prepared in accordance with GAAP flows and reviewed by a member firm of an internationally-recognized firm of independent accountants; andbalance sheet); (iiid) as soon as they are available, but in any event within 45 calendar thirty days after the end of each of the first and third fiscal quarters of the Companymonth, copies of its unaudited the management accounts of Opco in respect of such month (including statements of income and cash flows and balance sheet); (e) as soon as they are available, but in any event before 31 January 2008, copies of the financial statements (on a consolidated basis basis) of the Issuer in respect of its nine month financial period ended 30 September 2007 (including statements of income and cash flows and balance sheet) with a draft report prepared by the Auditors in respect of such financial statements; (i) if the same is prepared for the purpose of effecting a Complying IPO in the English languagefirst Quarterly Period of 2008, as soon as they are available, but in any event before 31 March 2008, copies of the financial statements (on a consolidated basis) of the Issuer in respect of its Financial Year ended 31 December 2007 (including statements of income and cash flows and balance sheet) audited by the Auditors; and (ii) if a Complying IPO does not occur in the first Quarterly Period of 2008 and (i) above does not apply, as soon as they are available, but in any event before 31 March 2008, copies of the financial statements (on a consolidated basis) of the Issuer in respect of its Financial Year ended 31 December 2007 (including statements of income and cash flows and balance sheet), including with a statement draft report prepared by the Auditors in respect of income, balance sheet and cash flow statement prepared in accordance with GAAP, and prepared on a basis consistent with such financial statements; (g) (i) commencing from the audited financial statements end of the Company together with a certificate signed by the person then authorized to sign financial statements on behalf of the Company to the effect that such financial statements are true in all material respects and present fairly the financial position of the Company as at the end of, and the results of its operations for, the relevant quarterly period. (b) So long as any of the Notes remain outstanding, the Company will provide to the Trustee (a) within 120 days first month after the close of each fiscal year ending after the Original Issue Date, an Officers’ Certificate stating together with each set of management account delivered under paragraph (d) above, a management report signed by a director of the Fixed Charge Coverage Ratio with respect Issuer relating to the four most recent fiscal quarter periods and showing in reasonable detail the calculation of the Fixed Charge Coverage Ratio, including the arithmetic computations of each component of the Fixed Charge Coverage Ratio, with a certificate from the Company’s external auditors verifying the accuracy and correctness of the calculation and arithmetic computation; provided that the Company shall not be required to provide such auditor certificate if its external auditors refuse to provide such certificate as a result of a policy of such external auditors not to provide such certificate; (b) as soon as possible and in any event within five days after a change in the rating of the Notes by any Rating Agency, an Officers’ Certificate stating such change in rating has occurred; and (c) as soon as possible and in any event within 30 days after the Company becomes aware or should reasonably become aware of the occurrence of a Default, an Officers’ Certificate setting forth the details of the Default, and the action which the Company proposes to take with respect thereto. (c) Delivery of these reports and information to the Trustee is for informational purposes only and the Trustee’s receipt of them will not constitute actual constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Company and Subsidiary Guarantors’ compliance with any of its covenants hereunder Project (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee is not obliged to examine, distribute or request such report, information or document from the Company and/or the Subsidiary Guarantors.defined in Condition 6.28) for that calendar month; and

Provision of Financial Statements and Reports. (a) So long as any of the Notes remain outstanding, the Company will shall file with the Trustee and furnish to the Holders upon request, as soon as they are available but in any event not more than 10 calendar days after they are filed with the United States Securities and Exchange Commission or the New York Stock Exchange or any other recognized securities exchange on which the Company’s Common Stock common shares are at any time listed for trading, true and correct copies of any financial or other report in the English language filed with such commission or exchange; provided that if at any time the Company ceases to be subject to the periodic reporting requirements of under the Exchange Act or its Common Stock ceases to be listed for trading on a recognized securities stock exchange, the Company will file with the Trustee and furnish to the Holders: (i) as soon as they are available, but in any event within 90 calendar days after the end of the fiscal year of the Company, copies of its the financial statements (on a consolidated basis and in the English language) of the Company in respect of such financial year (including a statement of income, balance sheet and cash flow statement) prepared in accordance with GAAP and audited by a member firm of an internationally-internationally recognized firm of independent accountants; (ii) as soon as they are available, but in any event within 45 calendar days after the end of the second fiscal financial quarter of the Company, copies of its the financial statements (on a consolidated basis and in the English language) of the Company in respect of such half-year period (including a statement of income, balance sheet and cash flow statement) prepared in accordance with GAAP and reviewed by a member firm of an internationally-internationally recognized firm of independent accountants; and (iii) as soon as they are available, but in any event within 45 calendar days after the end of each of the first and third fiscal financial quarters of the Company, copies of its the unaudited financial statements (on a consolidated basis and in the English language)) of the Company, including a statement of income, balance sheet and cash flow statement prepared in accordance with GAAPstatement, and prepared on a basis consistent with the audited financial statements of the Company Company, together with a certificate signed by the person then authorized to sign financial statements on behalf of the Company to the effect that such financial statements are true in all material respects and present fairly the financial position of the Company as at the end of, and the results of its operations for, the relevant quarterly period. (b) So In addition, so long as any of the Notes remain Note remains outstanding, the Company will shall provide to the Trustee (ai) within 120 days after the close of each fiscal year ending after the Original Issue Date, an Officers’ Certificate stating the Fixed Charge Coverage Ratio with respect to the four most recent fiscal quarter periods quarters and showing in reasonable detail the calculation of the Fixed Charge Coverage Ratio, including the arithmetic computations of each component of the Fixed Charge Coverage Ratio, with a certificate from the Company’s external auditors verifying the accuracy and correctness of the calculation and arithmetic computation; provided that the Company shall not be required to provide such auditor certificate if its external auditors refuse to provide such certificate as a result of a policy of such external auditors not to provide such certificate; (b) as soon as possible and in any event within five days after a change in the rating of the Notes by any Rating Agency, an Officers’ Certificate stating such change in rating has occurred; and (cii) as soon as possible and in any event within 30 days after the Company becomes aware or should reasonably become aware of the occurrence of a Default, an Officers’ Certificate setting forth the details of the Default, and the action which the Company proposes to take with respect thereto. (c) [Reserved] (d) Delivery of these reports and information to the Trustee is for informational purposes only and the Trustee’s receipt of them will not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Company and Subsidiary Guarantors’ Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee is not obliged to examine, distribute or request such report, information or document from the Company and/or the Subsidiary Guarantors.

Provision of Financial Statements and Reports. (a) So For so long as any of the Notes remain are outstanding, the Company Issuer will file with provide to the Trustee and furnish to the Holders upon request, as soon as they are available but in any event not more than 10 ten (10) calendar days after they are filed with the United States Securities and Exchange Commission or the New York Stock Exchange or any other principal international recognized securities stock exchange on which the CompanyIssuer’s Common Stock are is at any time listed for trading, true and correct copies of any financial or other report in the English language (and a certified English translation of any financial or other report in any other language) filed with such commission or exchange; provided , provided, however, that if at any time the Company ceases to be subject to the periodic reporting requirements Common Stock of the Exchange Act or its Common Stock ceases to be Issuer is not listed for trading on a an internationally recognized securities stock exchange, the Company Issuer will file with the Trustee and furnish provide to the Holders: (i) as soon as they are availableTrustee, but in any event within 90 calendar days after the end of the fiscal year of the Company, copies of its financial statements (on a consolidated basis and in the English language) in respect of such financial year language (including a statement of income, balance sheet and cash flow statement) prepared in accordance with GAAP and audited or accompanied by a member firm of an internationally-recognized firm of independent accountants;certified English translation thereof), (ii1) as soon as they are available, but in any event within 45 calendar days after the end of the second fiscal quarter of the Company, copies of its financial statements one hundred and twenty (on a consolidated basis and in the English language120) in respect of such half-year period (including a statement of income, balance sheet and cash flow statement) prepared in accordance with GAAP and reviewed by a member firm of an internationally-recognized firm of independent accountants; and (iii) as soon as they are available, but in any event within 45 calendar days after the end of each fiscal year of the first and third fiscal quarters of the Company, copies of its unaudited financial statements (on a consolidated basis and in the English language), including a statement of income, balance sheet and cash flow statement prepared in accordance with GAAP, and prepared on a basis consistent Issuer beginning with the audited financial statements of the Company together with a certificate signed by the person then authorized to sign financial statements on behalf of the Company to the effect that such financial statements are true in all material respects and present fairly the financial position of the Company as at the end of, and the results of its operations for, the relevant quarterly period. (b) So long as any of the Notes remain outstanding, the Company will provide to the Trustee (a) within 120 days after the close of each first fiscal year ending after the Original Issue Date, an Officers’ annual report containing the following information: (a) audited consolidated and standalone balance sheets of the Issuer as of the end of the two most recent fiscal years and audited consolidated and standalone income statements and statements of cash flow of the Issuer for the two most recent fiscal years, including footnotes to the financial statements and an audit report of a member firm of an internationally recognized accounting firm on the financial statements; and (b) an operating and financial review of the audited consolidated financial statements; and (2) within ninety (90) days after the end of the Issuer’s half-year period in each fiscal year of the Issuer beginning with the half-year period ending after the Original Issue Date, half-yearly reports containing the following information: (a) unaudited consolidated and standalone balance sheets of the Issuer as of the end of such half-yearly period and unaudited consolidated and standalone condensed income statements and statements of cash flow of the Issuer for the most recent half-yearly period ending on the unaudited consolidated balance sheet date, and the comparable prior year period, together with footnotes; and (b) an operating and financial review of the unaudited consolidated financial statements. (b) In addition, for so long as any Note remains outstanding, the Issuer will provide to the Trustee (a) within one hundred and twenty (120) days after the close of each fiscal year and within ninety (90) days after the end of each half-year period, an Officer’s Certificate stating the Fixed Charge Debt Service Coverage Ratio with respect to the four most recent fiscal quarter periods and (showing in reasonable detail the calculation of such ratio), the Fixed Charge Coverage Net Priority Debt Leverage Ratio and the Consolidated Net Leverage Ratio, including in each case, at the arithmetic computations of each component of the Fixed Charge Coverage Ratio, with a certificate from the Company’s external auditors verifying the accuracy and correctness of the calculation and arithmetic computation; provided that the Company shall not be required to provide such auditor certificate if its external auditors refuse to provide such certificate as a result of a policy end of such external auditors not to provide such certificateperiods; and (b) as soon as possible and in any event within five days after a change in the rating of the Notes by any Rating Agency, an Officers’ Certificate stating such change in rating has occurred; and ten (c10) as soon as possible and in any event within 30 days Business Days after the Company Issuer becomes aware or should reasonably become aware of the occurrence of a Default or an Event of Default, an Officers’ Officer’s Certificate setting forth the details of the Default or Event of Default, and the action which the Company Issuer proposes to take with respect thereto. (c) All financial statements of the Issuer will be prepared in accordance with IFRS as in effect on the date of such report or financial statement and on a consistent basis for the periods presented; provided, however, that the financial statements and reports set forth in this Section 4.03 may, if applicable financial reporting standards change, present earlier periods on a basis that applied to such periods. (d) Delivery of these the above reports and information to the Trustee is for informational purposes only and the Trustee’s receipt of them such reports will not constitute actual constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Company and Subsidiary GuarantorsIssuer’s or any other parties’ compliance with any of its covenants hereunder in this Trust Deed (as to which the Trustee is will be entitled to rely exclusively on Officers’ CertificatesOfficer’s Certificates that are delivered). The Trustee is shall not obliged be required to examinetake any steps to ascertain whether any of the above reports have been delivered or to track receipt of any such reports to the Holders and shall not be liable to any person for any failure to do so, distribute or request such report, information or document from the Company and/or the Subsidiary Guarantorssubject to Section 7.01(c).

Provision of Financial Statements and Reports. (a) So long as any of the Notes remain outstanding, the Company will shall file with the Trustee and furnish to the Holders upon request, as soon as they are available but in any event not more than 10 calendar days after they are filed with the United States Securities and Exchange Commission or the New York Stock Exchange or any other recognized securities exchange on which the Company’s Common Stock common shares are at any time listed for trading, true and correct copies of any financial or other report in the English language filed with such commission or exchange; provided that if at any time the Company ceases to be subject to the periodic reporting requirements of under the Exchange Act or its Common Stock ceases to be listed for trading on a recognized securities stock exchange, the Company will file with the Trustee and furnish to the Holders: (i) as soon as they are available, but in any event within 90 calendar days after the end of the fiscal year of the Company, copies of its the financial statements (on a consolidated basis and in the English language) of the Company in respect of such financial year (including a statement of income, balance sheet and cash flow statement) prepared in accordance with GAAP and audited by a member firm of an internationally-internationally recognized firm of independent accountants; (ii) as soon as they are available, but in any event within 45 calendar days after the end of the second fiscal financial quarter of the Company, copies of its the financial statements (on a consolidated basis and in the English language) of the Company in respect of such half-year period (including a statement of income, balance sheet and cash flow statement) prepared in accordance with GAAP and reviewed by a member firm of an internationally-internationally recognized firm of independent accountants; and (iii) as soon as they are available, but in any event within 45 calendar days after the end of each of the first and third fiscal financial quarters of the Company, copies of its the unaudited financial statements (on a consolidated basis and in the English language)) of the Company, including a statement of income, balance sheet and cash flow statement prepared in accordance with GAAPstatement, and prepared on a basis consistent with the audited financial statements of the Company Company, together with a certificate signed by the person then authorized to sign financial statements on behalf of the Company to the effect that such financial statements are true in all material respects and present fairly the financial position of the Company as at the end of, and the results of its operations for, the relevant quarterly period. (b) So For so long as any of the Notes remain Note remains outstanding, the Company will shall provide to the Trustee (ai) within 120 days after the close of each fiscal year ending after the Original Issue Date, an Officers’ Certificate stating the Fixed Charge Coverage Ratio with respect to the four most recent fiscal quarter periods quarters and showing in reasonable detail the calculation of the Fixed Charge Coverage Ratio, including the arithmetic computations of each component of the Fixed Charge Coverage Ratio, with a certificate from the Company’s external auditors verifying the accuracy and correctness of the calculation and arithmetic computation; provided that the Company shall not be required to provide such auditor certificate if its external auditors refuse to provide such certificate as a result of a policy of such external auditors not to provide such certificate; (b) as soon as possible and in any event within five days after a change in the rating of the Notes by any Rating Agency, an Officers’ Certificate stating such change in rating has occurred; and (cii) as soon as possible and in any event within 30 days after the Company becomes aware or should reasonably become aware of the occurrence of a Default, an Officers’ Certificate setting forth the details of the Default, and the action which the Company proposes to take with respect thereto. (c) For as long as any Notes are “restricted securities” within the meaning of Rule 144(a)(3) under the Securities Act, during any period in which the Company or such Subsidiary Guarantor is neither subject to Section 13 or 15(d) of the Exchange Act, nor exempt from reporting pursuant to Rule 12g3-2(b) thereunder, the Company or such Subsidiary Guarantor, as the case may be, shall supply to (i) any Holder or beneficial owner of a Note or (ii) a prospective purchaser of a Note or a beneficial interest therein designated by such Holder or beneficial owner, the information specified in, and meeting the requirements of Rule 144A(d)(4) under the Securities Act upon the request of any Holder or beneficial owner of a Note. (d) Delivery of these reports and information to the Trustee is for informational purposes only and the Trustee’s receipt of them will not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Company and Subsidiary Guarantors’ Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee is not obliged to examine, distribute or request such report, information or document from the Company and/or the Subsidiary Guarantors.

Provision of Financial Statements and Reports. (a) So long as any of the Notes remain outstanding, the Company will shall file with the Trustee and furnish to the Holders upon request, as soon as they are available but in any event not more than 10 calendar days after they are filed with the United States Securities and Exchange Commission or the New York Stock Exchange or any other recognized securities exchange on which the Company’s Common Stock are at any time listed for trading, true and correct copies of any financial or other report in the English language filed with such commission or exchange; provided that if at any time the Company ceases to be subject to the periodic reporting requirements Common Stock of the Exchange Act or its Common Stock Company ceases to be listed for trading on a recognized securities stock exchange, the Company will shall file with the Trustee and furnish to the HoldersHolders upon request: (i) as soon as they are available, but in any event within 90 120 calendar days after the end of the fiscal year of the Company, copies of its the financial statements (on a consolidated basis and in the English language) of the Company in respect of such financial year (including a statement of income, balance sheet and cash flow statement) prepared in accordance with GAAP and audited by a member firm of an internationally-internationally recognized firm of independent accountants; (ii) as soon as they are available, but in any event within 45 90 calendar days after the end of the second fiscal financial quarter of the Company, copies of its the financial statements (on a consolidated basis and in the English language) of the Company in respect of such half-year period (including a statement of income, balance sheet and cash flow statement) prepared in accordance with GAAP and reviewed by a member firm of an internationally-internationally recognized firm of independent accountants; and (iii) as soon as they are available, but in any event within 45 60 calendar days after the end of each of the first and third fiscal financial quarters of the Company, copies of its the unaudited financial statements (on a consolidated basis and in the English language)) of the Company, including a statement of income, balance sheet and cash flow statement prepared in accordance with GAAPstatement, and prepared on a basis consistent with the audited financial statements of the Company Company, together with a certificate signed by the person then authorized to sign financial statements on behalf of the Company to the effect that such financial statements are true in all material respects and present fairly the financial position of the Company as at the end of, and the results of its operations for, the relevant quarterly period. (b) So For so long as any of the Notes remain Note remains outstanding, the Company will shall provide to the Trustee (ai) within 120 days after the close of each fiscal year ending after the Original Issue Date, an Officers’ Certificate stating the Fixed Charge Coverage Ratio with respect to the four most recent fiscal quarter periods quarters and showing in reasonable detail the calculation of the Fixed Charge Coverage Ratio, including the arithmetic computations of each component of the Fixed Charge Coverage Ratio, with a certificate from the Company’s external auditors verifying the accuracy and correctness of the calculation and arithmetic computation; provided that the Company shall not be required to provide such auditor certificate certification if its external auditors refuse to provide such certificate certification as a result of a policy of such external auditors not to provide such certificate; (b) as soon as possible and in any event within five days after a change in the rating of the Notes by any Rating Agency, an Officers’ Certificate stating such change in rating has occurredcertification; and (cii) as soon as possible and in any event within 30 days after the Company becomes aware or should reasonably become aware of the occurrence of a Default, an Officers’ Certificate setting forth the details of the Default, and the action which the Company proposes to take with respect thereto. (c) Delivery of these reports and information to the Trustee is for informational purposes only and the Trustee’s receipt of them will not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Company and Subsidiary Guarantors’ Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee is not obliged to examine, distribute or request such report, information or document from the Company and/or the Subsidiary Guarantors.

Provision of Financial Statements and Reports. (a) So long as any of the Notes remain outstanding, the Company will file with the Trustee and furnish to the Holders upon request, as soon as they are available but in any event not more than 10 calendar days after they are filed with the United States Securities and Exchange Commission or the New York Stock Exchange or any other recognized securities exchange on which the Company’s Common Stock are at any time listed for trading, true and correct copies of any financial or other report in the English language filed with such commission or exchange; provided that if at any time the Company ceases to be subject to the periodic reporting requirements of the Exchange Act or its Common Stock ceases to be listed for trading on a recognized securities exchange, the Company will file with the Trustee and furnish to the Holders: (i) as soon as they are available, but in any event within 90 calendar days after the end of the fiscal year of the Company, copies of its financial statements (on a consolidated basis and in the English language) in respect of such financial year (including a statement of income, balance sheet and cash flow statement) prepared in accordance with GAAP and audited by a member firm of an internationally-recognized firm of independent accountants; (ii) as soon as they are available, but in any event within 45 calendar days after the end of the second fiscal quarter of the Company, copies of its financial statements (on a consolidated basis and in the English language) in respect of such half-year period (including a statement of income, balance sheet and cash flow statement) prepared in accordance with GAAP and reviewed by a member firm of an internationally-recognized firm of independent accountants; and (iii) as soon as they are available, but in any event within 45 calendar days after the end of each of the first and third fiscal quarters of the Company, copies of its unaudited financial statements (on a consolidated basis and in the English language), including a statement of income, balance sheet and cash flow statement prepared in accordance with GAAP, and prepared on a basis consistent with the audited financial statements of the Company together with a certificate signed by the person then authorized to sign financial statements on behalf of the Company to the effect that such financial statements are true in all material respects and present fairly the financial position of the Company as at the end of, and the results of its operations for, the relevant quarterly period. (b) So long as any of the Notes remain outstanding, the Company will provide to the Trustee (a) within 120 days after the close of each fiscal year ending after the Original Issue Dateyear, an Officers’ Certificate stating the Fixed Charge Coverage Ratio with respect to the four most recent fiscal quarter periods and showing in reasonable detail the calculation of the Fixed Charge Coverage Ratio, including the arithmetic computations of each component of the Fixed Charge Coverage Ratio, with a certificate from the Company’s external auditors verifying the accuracy and correctness of the calculation and arithmetic computation; provided that the Company shall not be required to provide such auditor certificate if its external auditors refuse to provide such certificate as a result of a policy of such external auditors not to provide such certificate; (b) as soon as possible and in any event within five days after a change in the rating of the Notes by any Rating Agency, an Officers’ Certificate stating such change in rating has occurred; and (c) as soon as possible and in any event within 30 days after the Company becomes aware or should reasonably become aware of the occurrence of a Default, an Officers’ Certificate setting forth the details of the Default, and the action which the Company proposes to take with respect thereto. (c) Delivery of these reports and information to the Trustee is for informational purposes only and the Trustee’s receipt of them will not constitute actual constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Company and Subsidiary Guarantors’ compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee is not obliged to examine, distribute or request such report, information or document from the Company and/or the Subsidiary Guarantors.

Provision of Financial Statements and Reports. (a) So long as any of the Notes remain outstandingOutstanding, the Company will file with the Trustee and furnish to the Holders upon request, as soon as they are available but in any event not more than 10 calendar days after they are required to be filed with the United States Securities and Exchange Commission or the New York Stock Exchange or any other principal recognized securities stock exchange on which the Company’s Common Stock common shares are at any time listed for trading, true and correct copies of any financial or other report in the English language filed with or otherwise furnished to such commission or exchange; provided that if at any time the Common Stock of the Company is not, or ceases to be subject to the periodic reporting requirements of the Exchange Act or its Common Stock ceases to be be, listed for trading on a recognized securities stock exchange, the Company will file with the Trustee and furnish to the Holders: (i) as soon as they are available, but in any event within 90 120 calendar days after the end of the fiscal year of the Company, copies of its financial statements (on a consolidated basis and in the English language) in respect of such financial year (including a statement of income, balance sheet and cash flow statement) prepared in accordance with GAAP and audited by a member firm of an internationally-recognized firm of independent accountants;accountants and prepared in accordance with U.S. GAAP and including complete footnotes to such financial statements; and (ii) as soon as they are available, but in any event within 45 calendar days after the end of the first, second fiscal and third financial quarter of the Company, copies of its financial statements (on a consolidated basis and in the English language) basis, in respect of each such half-year quarterly period (including a statement of income, balance sheet and cash flow statement) , but without notes thereto), prepared in accordance with U.S. GAAP and reviewed by a member firm of an internationally-recognized firm of independent accountants; and (iii) as soon as they are available, but in any event within 45 calendar days after the end of each of the first and third fiscal quarters of the Company, copies of its unaudited financial statements (on a consolidated basis and in the English language), including a statement of income, balance sheet and cash flow statement prepared in accordance with GAAP, and prepared on a basis consistent with the audited financial statements of the Company together with a certificate signed by the person then authorized to sign financial statements on behalf of the Company Company, to the effect that that, to such officer’s knowledge, such financial statements are true present fairly, in all material respects and present fairly respects, the financial position of the Company as at the end of, and the results of its operations for, the relevant quarterly period.; (b) So In addition, so long as any of the Notes remain outstandingOutstanding, the Company will provide to the Trustee (ai) within 120 135 days after the close of each fiscal year ending after the Original Issue Dateyear, an Officers’ Certificate stating the Consolidated Fixed Charge Coverage Ratio with respect to the four most recent fiscal quarter periods quarters and showing in reasonable detail the calculation of the Consolidated Fixed Charge Coverage Ratio, including the arithmetic computations of each component of the Consolidated Fixed Charge Coverage Ratio, with a certificate letter addressed to the Company’s Board of Directors from the Company’s external auditors verifying to report, as far as the accuracy arithmetic computations are concerned, the ratio has been correctly computed and correctness of the calculation and arithmetic computation; provided that the Company shall not be required to provide such auditor certificate if its external auditors refuse to provide such certificate as a result of a policy of such external auditors not to provide such certificate; (bii) as soon as possible and in any event within five days after a change in the rating of the Notes by any Rating Agency, an Officers’ Certificate stating such change in rating has occurred; and (c) as soon as possible and in any event case within 30 days after (A) a Trustee request or (B) the Company becomes aware or should reasonably become aware of the occurrence of a Default, an Officers’ Certificate setting forth the details of the Default, and the action which the Company proposes to take with respect thereto. (c) Delivery of these reports and information to the Trustee is for informational purposes only and the Trustee’s receipt of them will not constitute actual constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Company and Subsidiary Guarantors’ compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee is not obliged to examine, distribute or request such report, information or document from the Company and/or the Subsidiary Guarantors.