Common use of Public Information and SEC Reports Clause in Contracts

Public Information and SEC Reports. The Company and each of its Subsidiaries that files information with the SEC shall use commercially reasonable efforts to timely file and cooperate with GE in preparing reports, notices and proxy and information statements to be sent or made available by the Company or such Subsidiaries to their security holders, all regular, periodic and other reports filed under Sections 13, 14 and 15 of the Exchange Act by the Company or such Subsidiaries and all registration statements and prospectuses to be filed by the Company or such Subsidiaries with the SEC or any securities exchange pursuant to the listed company manual (or similar requirements) of such exchange (collectively, “Company Public Documents”) and deliver to GE (to the attention of its senior securities counsel), no later than the date the same are printed for distribution to its shareholders, sent to its shareholders or filed with the SEC, whichever is earliest, final copies of all Company Public Documents (except to the extent publicly available via the SEC’s XXXXX system). Upon reasonable advance notice from GE of its planned filing date for any given period (including reasonable notice of any changes to such date), the Company shall use commercially reasonable efforts to file (x) its Quarterly Report on Form 10-Q with the SEC on or about the same day as GE’s planned filing date with the SEC for its quarterly reports for the corresponding period and (y) its Annual Report on Form 10-K with the SEC on or about the same day as GE’s planned filing date with the SEC for its annual reports for the corresponding period; provided, that in no event shall the Company file such report for any given period prior to GE’s filing of its own such report for the corresponding period, unless the Company is so required by Law. The Parties shall cooperate in preparing all press releases and other statements to be made available by the Company or any of its Subsidiaries to the public, including information concerning material developments in the business, properties, results of operations, financial condition or prospects of the Company or any of its Subsidiaries. GE shall have the right to review, reasonably in advance of public release or release to financial analysts or investors (1) all press releases and other statements to be made available by the Company or any of its Subsidiaries to the public that relate to financial or accounting matters and (2) all reports and other information prepared by the Company or any of its Subsidiaries for release to financial analysts or investors; provided, however, that neither GE nor any member of the GE Group shall disclose any material, non-public information of the Company except pursuant to policies and procedures mutually agreed upon by GE and the Company for the disclosure of such information and except as required by applicable Law; provided, further, that notwithstanding anything in this Article V to the contrary, after the Trigger Date, for so long as members of the GE Group beneficially own at least 10% of the outstanding shares of Company Common Stock on any date during the applicable fiscal year, GE shall have the right to review such press releases, public statements, reports and other information in advance if necessary, by virtue of its equity ownership in the Company, for any member of the GE Group to (1) comply with applicable financial reporting requirements or its customary financial reporting practices or (2) respond to any reasonable requests for information regarding the Company and its Subsidiaries received by GE from investors or financial analysts. No press release, report, registration, information or proxy statement, prospectus or other document which refers, or contains information with respect, to any member of the GE Group shall be filed with the SEC or otherwise made public or released to any financial analyst or investor by the Company or any of its Subsidiaries without the prior written consent of GE (which consent shall not be unreasonably withheld, conditioned or delayed) with respect to those portions of such document that contain information with respect to any member of the GE Group, except as may be required by Law (in such cases the Company shall use its reasonable best efforts to notify the relevant member of the GE Group and to obtain such member’s consent before making such a filing with the SEC or otherwise making any such information public).

Public Information and SEC Reports. The Company Genworth and each of its Subsidiaries that files information with the SEC shall use commercially reasonable efforts to timely file and cooperate with GE in preparing reports, notices and proxy and information statements to be sent or made available by the Company Genworth or such Subsidiaries to their security holders, all regular, periodic and other reports filed under Sections 13, 14 and 15 of the Exchange Act by the Company Genworth or such Subsidiaries and all registration statements and prospectuses to be filed by the Company Genworth or such Subsidiaries with the SEC or any securities exchange pursuant to the listed company manual (or similar requirements) of such exchange (collectively, “Company Genworth Public Documents”) and deliver to GE (to the attention of its senior securities counselSenior Securities Counsel), no later than the date the same are printed for distribution to its shareholders, sent to its shareholders or filed with the SEC, whichever is earliest, final copies of all Company Genworth Public Documents (except to the extent publicly available via the SEC’s XXXXX system)Documents. Upon reasonable advance notice from GE of its planned filing date for any given period (including reasonable notice of any changes to such date), the Company Genworth shall use commercially reasonable efforts to file (x) its Quarterly Report Reports on Form 10-Q with the SEC on or about the same day as GE’s planned filing date with the SEC for its quarterly reports for the corresponding period and (y) its Annual Report Reports on Form 10-K with the SEC on or about the same day as GE’s planned filing date with the SEC for its annual reports for the corresponding period; provided, that immediately (and in no event shall the Company file such report for any given period prior to later than one hour) following GE’s filing of its own such report quarterly and annual reports with the SEC for the corresponding period, unless the Company is so required by Law. The Parties Genworth shall cooperate with GE in preparing all press releases and other statements to be made available by the Company Genworth or any of its Subsidiaries to the public, including including, without limitation, information concerning material developments in the business, properties, results of operations, financial condition or prospects of the Company Genworth or any of its Subsidiaries. GE shall have the right to review, reasonably in advance of public release or release to financial analysts or investors and in a manner consistent with the procedures and practices in effect prior to the Closing Date with respect to press releases issued by GEFA (1) all press releases and other statements to be made available by the Company Genworth or any of its Subsidiaries to the public that relate to financial or accounting matters and (2) all reports and other information prepared by the Company Genworth or any of its Subsidiaries for release to financial analysts or investors; provided, however, that neither GE nor any member of the GE Group shall disclose any material, non-public information of the Company Genworth except pursuant to policies and procedures mutually agreed upon by GE and the Company Genworth for the disclosure of such information and except as required by applicable Law; provided, further, that notwithstanding anything in this Article V to the contrary, after the Trigger Date, for so long as at any time when members of the GE Group beneficially own, in the aggregate, (excluding for such purposes shares of Genworth Common Stock beneficially owned by GE but not for its own at least 10% account, including (in such exclusion) beneficial ownership which arises by virtue of some entity that is an Affiliate of GE being a sponsor of or advisor to a mutual or similar fund that beneficially owns shares of Genworth Common Stock) fifty percent (50%) or less of the then outstanding shares of Company Genworth Common Stock on any date during the applicable fiscal yearStock, GE shall only have the right to review such press releases, public statements, reports and other information in advance if necessary, by virtue of its equity ownership in the Company, necessary for any member of the GE Group to (1) comply with applicable financial reporting requirements or its customary financial reporting practices or (2) respond to any reasonable requests for information regarding the Company Genworth and its Subsidiaries received by GE from investors or financial analysts. No press release, report, registration, information or proxy statement, prospectus or other document which refers, or contains information with respect, to any member of the GE Group shall be filed with the SEC or otherwise made public or released to any financial analyst or investor by the Company Genworth or any of its Subsidiaries without the prior written consent of GE (which consent shall not be unreasonably withheld, conditioned or delayed) with respect to those portions of such document that contain information with respect to any member of the GE Group, Group except as may be required by Law (in such cases the Company Genworth shall use its reasonable best efforts to notify the relevant member of the GE Group and to obtain such member’s consent before making such a filing with the SEC or otherwise making any such information public).

Public Information and SEC Reports. The Company and each of its Subsidiaries that files information with the SEC shall use commercially reasonable efforts to timely file and cooperate with GE Genworth in preparing reports, notices and proxy and information statements to be sent or made available by the Company or such Subsidiaries to their security holders, all regular, periodic and other reports filed under Sections 13, 14 and 15 of the Exchange Act by the Company or such Subsidiaries and all registration statements and prospectuses to be filed by the Company or such Subsidiaries with the SEC or any securities exchange pursuant to the listed company manual (or similar requirements) of such exchange (collectively, “Company Public Documents”) and deliver to GE Genworth (to the attention of its senior securities counselCorporate Secretary), no later than the date the same are printed for distribution to its shareholders, sent to its shareholders or filed with the SEC, whichever is earliest, final copies of all Company Public Documents (except to the extent publicly available via the SEC’s XXXXX system)Documents. Upon reasonable advance notice from GE Genworth of its planned filing date for any given period (including reasonable notice of any changes to such date), the Company shall use commercially reasonable efforts to file (xi) its Quarterly Report on Form 10-Q with the SEC on or about the same day as GEno later than ten (10) days after Genworth’s planned filing date with the SEC for its quarterly reports for the corresponding period period, and (yii) its Annual Report on Form 10-K with the SEC on or about the same day as GEno later than fifteen (15) days after Genworth’s planned filing date with the SEC for its annual reports for the corresponding period; provided, that in no event shall the Company file such report for any given period prior to GEGenworth’s filing of its own such report for the corresponding periodperiod and this Section 5.4(i) and (ii) shall not apply to the Company’s first Quarterly Report on Form 10-Q and Annual Report on Form 10-K, unless which the Company is so required by Lawshall timely file in accordance with SEC rules. Notwithstanding the foregoing, upon reasonable advance notice from the Company to Genworth, the Company may file any reports in advance of Genworth’s filing if necessary for the Company to comply with any applicable SEC or other legal deadlines. The Parties shall cooperate in preparing all press releases and other statements to be made available by the Company or any of its Subsidiaries to the public, including including, information concerning material developments in the business, properties, results of operations, financial condition or prospects of the Company or any of its Subsidiaries. GE Genworth shall have the right to review, reasonably in advance of public release or release to financial analysts or investors and in a manner consistent with the procedures and practices in effect prior to the Closing Date with respect to press releases issued by the Company (1A) all press releases and other statements to be made available by the Company or any of its Subsidiaries to the public that relate to financial or accounting matters and (2B) all reports and other information prepared by the Company or any of its Subsidiaries for release to financial analysts or investors; provided, however, that neither GE Genworth nor any member of the GE Genworth Group shall publicly disclose any material, non-public information of the Company except pursuant to policies and procedures mutually agreed upon by GE Genworth and the Company for the disclosure of such information and except as required by applicable Law; provided, further, that notwithstanding anything in this Article V to the contrary, after the Trigger Date, for so long as at any time when members of the GE Genworth Group beneficially own at least 10% own, in the aggregate less than fifty percent (50%) of the then outstanding shares of Company Common Stock on any date during the applicable fiscal yearStock, GE Genworth shall only have the right to review such press releases, public statements, reports and other information in advance if necessary, by virtue of its equity ownership in the Company, necessary for any member of the GE Genworth Group to (1x) comply with applicable financial reporting requirements or its customary financial reporting practices or (2) respond to any reasonable requests for information regarding the Company and its Subsidiaries received by GE from investors or financial analysts. No press release, report, registration, information or proxy statement, prospectus or other document which refers, or contains information with respect, to any member of the GE Group shall be filed with the SEC or otherwise made public or released to any financial analyst or investor by the Company or any of its Subsidiaries without the prior written consent of GE (which consent shall not be unreasonably withheld, conditioned or delayed) with respect to those portions of such document that contain information with respect to any member of the GE Group, except as may be required by Law (in such cases the Company shall use its reasonable best efforts to notify the relevant member of the GE Group and to obtain such member’s consent before making such a filing with the SEC or otherwise making any such information public).or

Public Information and SEC Reports. The Company and each of its Subsidiaries that files information with the SEC shall use commercially reasonable efforts to timely file and cooperate with GE Genworth in preparing reports, notices and proxy and information statements to be sent or made available by the Company or such Subsidiaries to their security holders, all regular, periodic and other reports filed under Sections 13, 14 and 15 of the Exchange Act by the Company or such Subsidiaries and all registration statements and prospectuses to be filed by the Company or such Subsidiaries with the SEC or any securities exchange pursuant to the listed company manual (or similar requirements) of such exchange (collectively, “Company Public Documents”) and deliver to GE Genworth (to the attention of its senior securities counselCorporate Secretary), no later than the date the same are printed for distribution to its shareholders, sent to its shareholders or filed with the SEC, whichever is earliest, final copies of all Company Public Documents (except to the extent publicly available via the SEC’s XXXXX system)Documents. Upon reasonable advance notice from GE Genworth of its planned filing date for any given period (including reasonable notice of any changes to such date), the Company shall use commercially reasonable efforts to file (xi) its Quarterly Report on Form 10-Q with the SEC on or about the same day as GEno later than ten (10) days after Genworth’s planned filing date with the SEC for its quarterly reports for the corresponding period period, and (yii) its Annual Report on Form 10-K with the SEC on or about the same day as GEno later than fifteen (15) days after Genworth’s planned filing date with the SEC for its annual reports for the corresponding period; provided, that in no event shall the Company file such report for any given period prior to GEGenworth’s filing of its own such report for the corresponding periodperiod and this Section 5.4(i) and (ii) shall not apply to the Company’s first Quarterly Report on Form 10-Q and Annual Report on Form 10-K, unless which the Company is so required by Lawshall timely file in accordance with SEC rules. Notwithstanding the foregoing, upon reasonable advance notice from the Company to Genworth, the Company may file any reports in advance of Genworth’s filing if necessary for the Company to comply with any applicable SEC or other legal deadlines. The Parties shall cooperate in preparing all press releases and other statements to be made available by the Company or any of its Subsidiaries to the public, including including, information concerning material developments in the business, properties, results of operations, financial condition or prospects of the Company or any of its Subsidiaries. GE Genworth shall have the right to review, reasonably in advance of public release or release to financial analysts or investors and in a manner consistent with the procedures and practices in effect prior to the Closing Date with respect to press releases issued by the Company (1A) all press releases and other statements to be made available by the Company or any of its Subsidiaries to the public that relate to financial or accounting matters and (2B) all reports and other information prepared by the Company or any of its Subsidiaries for release to financial analysts or investors; provided, however, that neither GE Genworth nor any member of the GE Genworth Group shall publicly disclose any material, non-public information of the Company except pursuant to policies and procedures mutually agreed upon by GE Genworth and the Company for the disclosure of such information and except as required by applicable Law; provided, further, that notwithstanding anything in this Article V to the contrary, after the Trigger Date, for so long as at any time when members of the GE Genworth Group beneficially own at least 10% own, in the aggregate less than fifty percent (50%) of the then outstanding shares of Company Common Stock on any date during the applicable fiscal yearStock, GE Genworth shall only have the right to review such press releases, public statements, reports and other information in advance if necessary, by virtue of its equity ownership in the Company, necessary for any member of the GE Genworth Group to (1x) comply with applicable financial reporting requirements or its customary financial reporting practices or (2y) respond to any reasonable requests for information regarding the Company and its Subsidiaries received by GE Genworth from investors or financial analysts. No press release, report, registration, information or proxy statement, prospectus or other document which refers, or contains information with respect, to any member of the GE Genworth Group shall be filed with the SEC or otherwise made public or released to any financial analyst or investor by the Company or any of its Subsidiaries without the prior written consent of GE Genworth (which consent shall not be unreasonably withheld, conditioned or delayed) with respect to those portions of such document that contain information with respect to any member of the GE Genworth Group, except as may be required by Law (in such cases the Company shall use its reasonable best efforts to notify the relevant member of the GE Genworth Group and to obtain such member’s consent before making such a filing with the SEC or otherwise making any such information public).

Public Information and SEC Reports. The Company and each of its Subsidiaries that files information with the SEC shall use commercially reasonable efforts to timely file and cooperate consult with GE Xxxxxxx Parent in preparing reports, notices and proxy and information statements to be sent or made available by the Company or such Subsidiaries to their its security holders, all regular, periodic and other reports filed under Sections 13, 14 and 15 of the Exchange Act by the Company or such Subsidiaries and all registration statements and prospectuses (including all financial statements contained therein) to be filed by the Company or such Subsidiaries with the SEC or any securities exchange pursuant to the listed company manual (or similar requirements) of such exchange (collectively, “Company Public Documents”) ). Xxxxxxx Parent shall have the right to review and comment on any proposed Company Public Document reasonably in advance of the date the same are printed for distribution to the Company’s stockholders, sent to the Company’s stockholders or filed with the SEC, whichever is earliest. The Company shall consider any such comments in good faith and deliver to GE (to the attention of its senior securities counsel)Xxxxxxx Parent, no later than the date the same are printed for distribution to its shareholdersthe Company’s stockholders, sent to its shareholders the Company’s stockholders or filed with the SEC, whichever is earliest, final copies of all Company Public Documents (except to the extent publicly available via the SEC’s XXXXX system). Upon reasonable advance notice from GE of its planned filing date for any given period (including reasonable notice of any changes to such date), the The Company shall use commercially reasonable efforts to file on a date reasonably determined by Xxxxxxx Parent, (x) its Quarterly Report on Form 10-Q with the SEC on or about the same day as GE’s planned filing date with the SEC for its quarterly reports for the corresponding period and (y) its Annual Report on Form 10-K with the SEC on or about the same day as GE’s planned filing date with the SEC for its annual reports for the corresponding period; provided, that in no event shall the Company file such report for any given period prior to GE’s filing of its own such report for the corresponding periodSEC, unless the Company is so otherwise required by Applicable Law. The Parties shall cooperate in preparing all press releases and other statements to be made available by the Company or any other member of its Subsidiaries the Company Group to the public, including information concerning material developments in the business, properties, results of operations, financial condition or prospects of the Company or any other member of its Subsidiariesthe Company Group. GE Xxxxxxx shall have the right to reviewreview and comment on, reasonably in advance advance, but no later than five (5) Business Days of public release or release to financial analysts or investors (1) all press releases and other statements to be made available by the Company or any other member of its Subsidiaries the Company Group to the public that relate to financial or accounting matters and (2) all reports and other information prepared by the Company or any other member of its Subsidiaries the Company Group for release to financial analysts or investors; provided, however, that neither GE nor . The Company shall consider any member of the GE Group shall disclose any material, non-public information of the Company except pursuant to policies and procedures mutually agreed upon by GE and the Company for the disclosure of such information and except as required by applicable Law; provided, further, that notwithstanding anything comments in this Article V to the contrary, after the Trigger Date, for so long as members of the GE Group beneficially own at least 10% of the outstanding shares of Company Common Stock on any date during the applicable fiscal year, GE shall have the right to review such press releases, public statements, reports and other information in advance if necessary, by virtue of its equity ownership in the Company, for any member of the GE Group to (1) comply with applicable financial reporting requirements or its customary financial reporting practices or (2) respond to any reasonable requests for information regarding the Company and its Subsidiaries received by GE from investors or financial analystsgood faith. No press release, report, registration, information or proxy statement, prospectus or other document which refers, or contains information with respect, to any member of the GE Xxxxxxx Group shall be filed with the SEC or otherwise made public or released to any financial analyst or investor by the Company or any of its Subsidiaries without the prior written consent of GE Xxxxxxx Parent (which consent shall not be unreasonably withheld, conditioned or delayed) with respect to those portions of such document that contain information with respect to any member of the GE Xxxxxxx Group, except as may be required by Applicable Law (in such cases the Company shall use its reasonable best efforts to notify the relevant member of the GE Xxxxxxx Group and to obtain such member’s consent before making such a filing with the SEC or otherwise making any such information public).

Public Information and SEC Reports. The Company CPE shall, and shall cause each of its Subsidiaries that files information with the SEC shall use commercially reasonable efforts to timely file and to, cooperate with GE the applicable member(s) of the Rio Tinto Group in preparing reports, notices and proxy and information statements to be sent or made available by the Company CPE or such Subsidiaries to their security holders, all regular, periodic and other reports filed under Sections 13, 14 and 15 of the Exchange Act by the Company CPE or such Subsidiaries and all registration statements and prospectuses to be filed by the Company CPE or such Subsidiaries with the SEC or any national securities exchange pursuant to the listed company manual (or similar requirements) of such exchange (collectively, “Company "Cloud Peak Public Documents”Filings") and deliver to GE RTEA (to the attention of its senior securities counsel[ ]), no later than the date the same are printed for distribution to its shareholders, sent to its shareholders or filed with the SEC, whichever is earliest, final copies of all Company Cloud Peak Public Documents (except to the extent publicly available via the SEC’s XXXXX system). Upon reasonable advance notice from GE of its planned filing date for any given period (including reasonable notice of any changes to such date)Filings, the Company provided, however, that CPE shall use commercially reasonable efforts to file (x) deliver to RTEA the final form of its Quarterly Annual Report on Form 10-Q K, together with all certifications required by applicable Law by each of the SEC chief executive officer and chief financial officer of CPE and an opinion thereon by CPE's independent registered public accountants, no later than 9:00 a.m., New York city time, on or about the same second day as GE’s planned filing date with prior to the SEC for its quarterly reports for the corresponding period and (y) day CPE is required to file its Annual Report on Form 10-K with the SEC on or about the same day as GE’s planned filing date SEC. CPE and CPE LLC shall cooperate with the SEC for its annual reports for applicable member(s) of the corresponding period; provided, that in no event shall the Company file such report for any given period prior to GE’s filing of its own such report for the corresponding period, unless the Company is so required by Law. The Parties shall cooperate Rio Tinto Group in preparing all press releases and other statements to be made available by the Company CPE and CPE LLC or any of its their respective Subsidiaries to the public, including including, without limitation, information concerning material developments in the business, properties, results of operations, financial condition or prospects of the Company CPE and CPE LLC or any of its their respective Subsidiaries. GE The Rio Tinto Group shall have the right to review, if practicable, reasonably in advance of the public release or release to financial analysts or investors (1) all press releases and other written statements to be made available by the Company CPE and CPE LLC or any of its their respective Subsidiaries to the public (excluding press releases or written statements that relate primarily to financial or accounting matters and trade matters), (2) all reports and other information prepared by the Company CPE and CPE LLC or any of its their respective Subsidiaries for release to financial analysts or investorsinvestors and (3) all Cloud Peak Public Filings; provided, however, that the applicable member(s) of the Cloud Peak Group shall have the sole right to determine the timing of all such releases, and provided, further, that neither GE RTEA nor any member of the GE Rio Tinto Group shall disclose any material, non-public information of the Company CPE or CPE LLC except (i) pursuant to policies and procedures mutually agreed upon by GE RTEA and the Company CPE and CPE LLC for the disclosure of such information and except (ii) as required by applicable Law; provided, further, that notwithstanding anything in this Article V to the contrary, after the Trigger Date, for so long as members of the GE Group beneficially own at least 10% of the outstanding shares of Company Common Stock on any date during the applicable fiscal year, GE shall have the right to review such press releases, public statements, reports and other information in advance if necessary, by virtue of its equity ownership in the Company, for any member of the GE Group to (1) comply with applicable financial reporting requirements or its customary financial reporting practices or (2) respond to any reasonable requests for information regarding the Company and its Subsidiaries received by GE from investors or financial analysts. No press release, report, registration, information or proxy statement, prospectus or other document which refers, or contains information with respect, to any member of the GE Rio Tinto Group shall be filed with the SEC or otherwise made public or released to any financial analyst or investor by the Company CPE or CPE LLC, and CPE and CPE LLC shall not permit any of its their respective Subsidiaries to file or otherwise make public or release such information, without the prior written consent of GE (which consent shall not be unreasonably withheld, conditioned or delayedthe applicable member(s) of the Rio Tinto Group with respect to those portions of such document that contain information with respect to any member of the GE Group, Rio Tinto Group except as may be required by applicable Law (in such cases the Company CPE and CPE LLC shall use its their reasonable best efforts to notify the relevant member of the GE Rio Tinto Group and to obtain such member’s 's consent before making such a filing with the SEC or otherwise making any such information public).

Public Information and SEC Reports. The Company and each of its Subsidiaries that files information with the SEC shall use commercially reasonable efforts to timely file and cooperate with GE in preparing reports, notices and proxy and information statements to be sent or made available by the Company or such Subsidiaries to their security holders, all regular, periodic and other reports filed under Sections 13, 14 and 15 of the Exchange Act by the Company or such Subsidiaries and all registration statements and prospectuses to be filed by the Company or such Subsidiaries with the SEC or any securities exchange pursuant to the listed company manual (or similar requirements) of such exchange (collectively, “Company Public Documents”) and deliver to GE (to the attention of its senior securities counsel), no later than the date the same are printed for distribution to its shareholders, sent to its shareholders or filed with the SEC, whichever is earliest, final copies of all Company Public Documents (except to the extent publicly available via the SEC’s XXXXX system). Upon reasonable advance notice from GE of its planned filing date for any given period (including reasonable notice of any changes to such date), the Company shall use commercially reasonable efforts to file (x) its Quarterly Report on Form 10-Q with the SEC on or about the same day as GE’s planned filing date with the SEC for its quarterly reports for the corresponding period and (y) its Annual Report on Form 10-K with the SEC on or about the same day as GE’s planned filing date with the SEC for its annual reports for the corresponding period; provided, that in no event shall the Company file such report for any given period prior to GE’s filing of its own such report for the corresponding period, unless the Company is so required by Law. The Parties shall cooperate in preparing all press releases and other statements to be made available by the Company or any of its Subsidiaries to the public, including information concerning material developments in the business, properties, results of operations, financial condition or prospects of the Company or any of its Subsidiaries. GE shall have the right to review, reasonably in advance of public release or release to financial analysts or investors (1) all press releases and other statements to be made available by the Company or any of its Subsidiaries to the public that relate to financial or accounting matters and (2) all reports and other information prepared by the Company or any of its Subsidiaries for release to financial analysts or investors; provided, however, that neither GE nor any member of the GE Group shall disclose any material, non-public information of the Company except pursuant to policies and procedures mutually agreed upon by GE and the Company for the disclosure of such information and except as required by applicable Law; provided, further, that notwithstanding anything in this Article ‎Article V to the contrary, after the Trigger Date, for so long as members of the GE Group beneficially own at least 10% of the outstanding shares of Company Common Stock on any date during the applicable fiscal year, GE shall have the right to review such press releases, public statements, reports and other information in advance if necessary, by virtue of its equity ownership in the Company, for any member of the GE Group to (1) comply with applicable financial reporting requirements or its customary financial reporting practices or (2) respond to any reasonable requests for information regarding the Company and its Subsidiaries received by GE from investors or financial analysts. No press release, report, registration, information or proxy statement, prospectus or other document which refers, or contains information with respect, to any member of the GE Group shall be filed with the SEC or otherwise made public or released to any financial analyst or investor by the Company or any of its Subsidiaries without the prior written consent of GE (which consent shall not be unreasonably withheld, conditioned or delayed) with respect to those portions of such document that contain information with respect to any member of the GE Group, except as may be required by Law (in such cases the Company shall use its reasonable best efforts to notify the relevant member of the GE Group and to obtain such member’s consent before making such a filing with the SEC or otherwise making any such information public).

Public Information and SEC Reports. The Company and each of its Subsidiaries that files information with the SEC shall use commercially reasonable efforts to timely file and cooperate consult with GE Emerson Parent in preparing reports, notices and proxy and information statements to be sent or made available by the Company or such Subsidiaries to their its security holders, all regular, periodic and other reports filed under Sections 13, 14 and 15 of the Exchange Act by the Company or such Subsidiaries and all registration statements and prospectuses (including all financial statements contained therein) to be filed by the Company or such Subsidiaries with the SEC or any securities exchange pursuant to the listed company manual (or similar requirements) of such exchange (collectively, “Company Public Documents”) ). Emerson Parent shall have the right to review and comment on any proposed Company Public Document reasonably in advance of the date the same are printed for distribution to the Company’s stockholders, sent to the Company’s stockholders or filed with the SEC, whichever is earliest. The Company shall consider any such comments in good faith and deliver to GE (to the attention of its senior securities counsel)Emerson Parent, no later than the date the same are printed for distribution to its shareholdersthe Company’s stockholders, sent to its shareholders the Company’s stockholders or filed with the SEC, whichever is earliest, final copies of all Company Public Documents (except to the extent publicly available via the SEC’s XXXXX EXXXX system). Upon reasonable advance notice from GE of its planned filing date for any given period (including reasonable notice of any changes to such date), the The Company shall use commercially reasonable efforts to file on a date reasonably determined by Emerson Parent, (x) its Quarterly Report on Form 10-Q with the SEC on or about the same day as GE’s planned filing date with the SEC for its quarterly reports for the corresponding period and (y) its Annual Report on Form 10-K with the SEC on or about the same day as GE’s planned filing date with the SEC for its annual reports for the corresponding period; provided, that in no event shall the Company file such report for any given period prior to GE’s filing of its own such report for the corresponding periodSEC, unless the Company is so otherwise required by Applicable Law. The Parties shall cooperate in preparing all press releases and other statements to be made available by the Company or any other member of its Subsidiaries the Company Group to the public, including information concerning material developments in the business, properties, results of operations, financial condition or prospects of the Company or any other member of its Subsidiariesthe Company Group. GE Emerson shall have the right to reviewreview and comment on, reasonably in advance advance, but no later than five (5) Business Days of public release or release to financial analysts or investors (1) all press releases and other statements to be made available by the Company or any other member of its Subsidiaries the Company Group to the public that relate to financial or accounting matters and (2) all reports and other information prepared by the Company or any other member of its Subsidiaries the Company Group for release to financial analysts or investors; provided, however, that neither GE nor . The Company shall consider any member of the GE Group shall disclose any material, non-public information of the Company except pursuant to policies and procedures mutually agreed upon by GE and the Company for the disclosure of such information and except as required by applicable Law; provided, further, that notwithstanding anything comments in this Article V to the contrary, after the Trigger Date, for so long as members of the GE Group beneficially own at least 10% of the outstanding shares of Company Common Stock on any date during the applicable fiscal year, GE shall have the right to review such press releases, public statements, reports and other information in advance if necessary, by virtue of its equity ownership in the Company, for any member of the GE Group to (1) comply with applicable financial reporting requirements or its customary financial reporting practices or (2) respond to any reasonable requests for information regarding the Company and its Subsidiaries received by GE from investors or financial analystsgood faith. No press release, report, registration, information or proxy statement, prospectus or other document which refers, or contains information with respect, to any member of the GE Exxxxxx Group shall be filed with the SEC or otherwise made public or released to any financial analyst or investor by the Company or any of its Subsidiaries without the prior written consent of GE Emerson Parent (which consent shall not be unreasonably withheld, conditioned or delayed) with respect to those portions of such document that contain information with respect to any member of the GE Exxxxxx Group, except as may be required by Applicable Law (in such cases the Company shall use its reasonable best efforts to notify the relevant member of the GE Exxxxxx Group and to obtain such member’s consent before making such a filing with the SEC or otherwise making any such information public).

Public Information and SEC Reports. The Company WIL and each of its Subsidiaries that files information with the SEC shall use commercially reasonable best efforts to timely file and cooperate with GE Wynn in preparing reports, notices and proxy and information statements to be sent or made available by the Company WIL or such Subsidiaries to their security holders, all regular, periodic and other reports filed under Sections 13, 14 and 15 of the Exchange Act by the Company WIL or such Subsidiaries and all registration statements and prospectuses to be filed by the Company WIL or such Subsidiaries with the SEC or any securities exchange pursuant to the listed company manual (or similar requirements) of such exchange (collectively, “Company WIL Public Documents”) and deliver to GE Wynn (to the attention of its senior securities counsel), no later than the date the same are printed for distribution to its shareholders, sent to its shareholders or filed with the SEC, whichever is earliest, final copies of all Company WIL Public Documents (except to the extent publicly available via the SEC’s XXXXX system). Upon reasonable advance notice from GE Wynn of its planned filing date for any given period (including reasonable notice of any changes to such date), the Company WIL shall use commercially reasonable best efforts to file (x) its Quarterly Report quarterly report on Form 10-Q with the SEC on or about the same day as GEWynn Resorts Limited’s planned filing date with the SEC for its quarterly reports for the corresponding period and (y) its Annual Report annual report on Form 10-K with the SEC on or about the same day as GEWynn Resorts Limited’s planned filing date with the SEC for its annual reports for the corresponding period; provided, that in no event shall the Company WIL file such report for any given period prior to GEWynn Resorts Limited’s filing of its own such report for the corresponding period, unless the Company WIL is so required by Law. The Parties shall cooperate in preparing all press releases and other statements to be made available by the Company WIL or any of its Subsidiaries to the public, including information concerning material developments in the business, properties, results of operations, financial condition or prospects of the Company WIL or any of its Subsidiaries. GE Wynn shall have the right to review, reasonably in advance of public release or release to financial analysts or investors (1) all press releases and other statements to be made available by the Company WIL or any of its Subsidiaries to the public that relate to financial or accounting matters and (2) all reports and other information prepared by the Company WIL or any of its Subsidiaries for release to financial analysts or investors; provided, however, that neither GE Wynn nor any member of the GE Wynn Group shall disclose any material, non-public information of the Company WIL except pursuant to policies and procedures mutually agreed upon by GE Wynn and the Company WIL for the disclosure of such information and except or as otherwise required by applicable Law; provided, further, that that, notwithstanding anything in this Article V III to the contrary, after the Trigger Date, for so long as members of the GE Wynn Group beneficially own Beneficially Own at least 10% of the outstanding shares of Company Common Stock WIL Ordinary Shares on any date during the applicable fiscal year, GE Wynn shall have the right to review such press releases, public statements, reports and other information in advance if necessary, by virtue of its equity ownership in the CompanyWIL, for any member of the GE Wynn Group to (1) comply with applicable financial reporting requirements or its customary financial reporting practices or (2) respond to any reasonable requests for information regarding the Company WIL and its Subsidiaries received by GE Wynn from investors or financial analysts. No press release, report, registration, information or proxy statement, prospectus or other document which refersrefers to, or contains information with respectrespect to, to any member of the GE Wynn Group shall be filed with the SEC or otherwise made public or released to any financial analyst or investor by the Company WIL or any of its Subsidiaries without the prior written consent of GE Wynn (which consent shall not be unreasonably withheld, conditioned or delayed) with respect to those portions of such document that contain information with respect to any member of the GE Wynn Group, except as may be required by Law (in such cases the Company WIL shall use its reasonable best efforts to notify the relevant member of the GE Wynn Group and to obtain such member’s consent before making such a filing with the SEC or otherwise making any such information public).

Public Information and SEC Reports. The Company and each of its Subsidiaries that files information with the SEC shall use commercially reasonable efforts to timely file and cooperate consult with GE Xxxxxxx Parent in preparing reports, notices and proxy and information statements to be sent or made available by the Company or such Subsidiaries to their its security holders, all regular, periodic and other reports filed under Sections 13, 14 and 15 of the Exchange Act by the Company or such Subsidiaries and all registration statements and prospectuses (including all financial statements contained therein) to be filed by the Company or such Subsidiaries with the SEC or any securities exchange pursuant to the listed company manual (or similar requirements) of such exchange (collectively, “Company Public Documents”) ). Emerson Parent shall have the right to review and comment on any proposed Company Public Document reasonably in advance of the date the same are printed for distribution to the Company’s stockholders, sent to the Company’s stockholders or filed with the SEC, whichever is earliest. The Company shall consider any such comments in good faith and deliver to GE (to the attention of its senior securities counsel)Xxxxxxx Parent, no later than the date the same are printed for distribution to its shareholdersthe Company’s stockholders, sent to its shareholders the Company’s stockholders or filed with the SEC, whichever is earliest, final copies of all Company Public Documents (except to the extent publicly available via the SEC’s XXXXX system). Upon reasonable advance notice from GE of its planned filing date for any given period (including reasonable notice of any changes to such date), the The Company shall use commercially reasonable efforts to file on a date reasonably determined by Xxxxxxx Parent, (x) its Quarterly Report on Form 10-Q with the SEC on or about the same day as GE’s planned filing date with the SEC for its quarterly reports for the corresponding period and (y) its Annual Report on Form 10-K with the SEC on or about the same day as GE’s planned filing date with the SEC for its annual reports for the corresponding period; provided, that in no event shall the Company file such report for any given period prior to GE’s filing of its own such report for the corresponding periodSEC, unless the Company is so otherwise required by Applicable Law. The Parties shall cooperate in preparing all press releases and other statements to be made available by the Company or any other member of its Subsidiaries the Company Group to the public, including information concerning material developments in the business, properties, results of operations, financial condition or prospects of the Company or any other member of its Subsidiariesthe Company Group. GE Xxxxxxx shall have the right to reviewreview and comment on, reasonably in advance advance, but no later than five (5) Business Days of public release or release to financial analysts or investors (1) all press releases and other statements to be made available by the Company or any other member of its Subsidiaries the Company Group to the public that relate to financial or accounting matters and (2) all reports and other information prepared by the Company or any other member of its Subsidiaries the Company Group for release to financial analysts or investors; provided, however, that neither GE nor . The Company shall consider any member of the GE Group shall disclose any material, non-public information of the Company except pursuant to policies and procedures mutually agreed upon by GE and the Company for the disclosure of such information and except as required by applicable Law; provided, further, that notwithstanding anything comments in this Article V to the contrary, after the Trigger Date, for so long as members of the GE Group beneficially own at least 10% of the outstanding shares of Company Common Stock on any date during the applicable fiscal year, GE shall have the right to review such press releases, public statements, reports and other information in advance if necessary, by virtue of its equity ownership in the Company, for any member of the GE Group to (1) comply with applicable financial reporting requirements or its customary financial reporting practices or (2) respond to any reasonable requests for information regarding the Company and its Subsidiaries received by GE from investors or financial analystsgood faith. No press release, report, registration, information or proxy statement, prospectus or other document which refers, or contains information with respect, to any member of the GE Xxxxxxx Group shall be filed with the SEC or otherwise made public or released to any financial analyst or investor by the Company or any of its Subsidiaries without the prior written consent of GE Xxxxxxx Parent (which consent shall not be unreasonably withheld, conditioned or delayed) with respect to those portions of such document that contain information with respect to any member of the GE Xxxxxxx Group, except as may be required by Applicable Law (in such cases the Company shall use its reasonable best efforts to notify the relevant member of the GE Xxxxxxx Group and to obtain such member’s consent before making such a filing with the SEC or otherwise making any such information public).

Public Information and SEC Reports. The Company and each of its Subsidiaries that files information with the SEC shall use commercially reasonable efforts to timely file and cooperate consult with GE Emerson Parent in preparing reports, notices and proxy and information statements to be sent or made available by the Company or such Subsidiaries to their its security holders, all regular, periodic and other reports filed under Sections 13, 14 and 15 of the Exchange Act by the Company or such Subsidiaries and all registration statements and prospectuses (including all financial statements contained therein) to be filed by the Company or such Subsidiaries with the SEC or any securities exchange pursuant to the listed company manual (or similar requirements) of such exchange (collectively, “Company Public Documents”) ). Emerson Parent shall have the right to review and comment on any proposed Company Public Document reasonably in advance of the date the same are printed for distribution to the Company’s stockholders, sent to the Company’s stockholders or filed with the SEC, whichever is earliest. The Company shall consider any such comments in good faith and deliver to GE (to the attention of its senior securities counsel)Emerson Parent, no later than the date the same are printed for distribution to its shareholdersthe Company’s stockholders, sent to its shareholders the Company’s stockholders or filed with the SEC, whichever is earliest, final copies of all Company Public Documents (except to the extent publicly available via the SEC’s XXXXX EDGAR system). Upon reasonable advance notice from GE of its planned filing date for any given period (including reasonable notice of any changes to such date), the The Company shall use commercially reasonable efforts to file on a date reasonably determined by Emerson Parent, (x) its Quarterly Report on Form 10-Q with the SEC on or about the same day as GE’s planned filing date with the SEC for its quarterly reports for the corresponding period and (y) its Annual Report on Form 10-K with the SEC on or about the same day as GE’s planned filing date with the SEC for its annual reports for the corresponding period; provided, that in no event shall the Company file such report for any given period prior to GE’s filing of its own such report for the corresponding periodSEC, unless the Company is so otherwise required by Applicable Law. The Parties shall cooperate in preparing all press releases and other statements to be made available by the Company or any other member of its Subsidiaries the Company Group to the public, including information concerning material developments in the business, properties, results of operations, financial condition or prospects of the Company or any other member of its Subsidiariesthe Company Group. GE Emerson shall have the right to reviewreview and comment on, reasonably in advance advance, but no later than five (5) Business Days of public release or release to financial analysts or investors (1) all press releases and other statements to be made available by the Company or any other member of its Subsidiaries the Company Group to the public that relate to financial or accounting matters and (2) all reports and other information prepared by the Company or any other member of its Subsidiaries the Company Group for release to financial analysts or investors; provided, however, that neither GE nor . The Company shall consider any member of the GE Group shall disclose any material, non-public information of the Company except pursuant to policies and procedures mutually agreed upon by GE and the Company for the disclosure of such information and except as required by applicable Law; provided, further, that notwithstanding anything comments in this Article V to the contrary, after the Trigger Date, for so long as members of the GE Group beneficially own at least 10% of the outstanding shares of Company Common Stock on any date during the applicable fiscal year, GE shall have the right to review such press releases, public statements, reports and other information in advance if necessary, by virtue of its equity ownership in the Company, for any member of the GE Group to (1) comply with applicable financial reporting requirements or its customary financial reporting practices or (2) respond to any reasonable requests for information regarding the Company and its Subsidiaries received by GE from investors or financial analystsgood faith. No press release, report, registration, information or proxy statement, prospectus or other document which refers, or contains information with respect, to any member of the GE Emerson Group shall be filed with the SEC or otherwise made public or released to any financial analyst or investor by the Company or any of its Subsidiaries without the prior written consent of GE Emerson Parent (which consent shall not be unreasonably withheld, conditioned or delayed) with respect to those portions of such document that contain information with respect to any member of the GE Emerson Group, except as may be required by Applicable Law (in such cases the Company shall use its reasonable best efforts to notify the relevant member of the GE Emerson Group and to obtain such member’s consent before making such a filing with the SEC or otherwise making any such information public).

Public Information and SEC Reports. The Company and each of its Subsidiaries that files information with the SEC shall use commercially reasonable efforts to timely file and cooperate with GE and GECC in preparing reports, notices and proxy and information statements to be sent or made available by the Company or such Subsidiaries to their security holders, all regular, periodic and other reports filed under Sections 13, 14 and 15 of the Exchange Act by the Company or such Subsidiaries and all registration statements and prospectuses to be filed by the Company or such Subsidiaries with the SEC or any securities exchange pursuant to the listed company manual (or similar requirements) of such exchange (collectively, “Company Public Documents”) and deliver to GE (to the attention of its senior securities counselSenior Securities Counsel), no later than the date the same are printed for distribution to its shareholders, sent to its shareholders or filed with the SEC, whichever is earliest, final copies of all Company Public Documents (except to the extent publicly available via the SEC’s XXXXX system)Documents. Upon reasonable advance notice from GE of its planned filing date for any given period (including reasonable notice of any changes to such date), the Company shall use commercially reasonable efforts to file (x) its Quarterly Report on Form 10-Q with the SEC on or about the same day as no later than 10 days after GE’s planned filing date with the SEC for its quarterly reports for the corresponding period period, and (y) its Annual Report on Form 10-K with the SEC on or about the same day as no later than 15 days after GE’s planned filing date with the SEC for its annual reports for the corresponding period; provided, that in no event shall the Company file such report for any given period prior to GE’s filing of its own such report for the corresponding period, unless the Company is so required by Law. The Parties shall cooperate in preparing all press releases and other statements to be made available by the Company or any of its Subsidiaries to the public, including including, information concerning material developments in the business, properties, results of operations, financial condition or prospects of the Company or any of its Subsidiaries. GE and GECC shall have the right to review, reasonably in advance of public release or release to financial analysts or investors and in a manner consistent with the procedures and practices in effect prior to the Closing Date with respect to press releases issued by the Company (1) all press releases and other statements to be made available by the Company or any of its Subsidiaries to the public that relate to financial or accounting matters and (2) all reports and other information prepared by the Company or any of its Subsidiaries for release to financial analysts or investors; provided, however, that neither GE nor any member of the GE Group shall disclose any material, non-public information of the Company except pursuant to policies and procedures mutually agreed upon by GE or GECC and the Company for the disclosure of such information and except as required by applicable Law; provided, further, that notwithstanding anything in this Article V to the contrary, after the Trigger Date, for so long as at any time when members of the GE Group beneficially own at least 10% of own, in the outstanding aggregate, (excluding for such purposes shares of Company Common Stock on any date during beneficially owned by GECC but not for its own account, including (in such exclusion) beneficial ownership which arises by virtue of some entity that is an Affiliate of GECC being a sponsor of or advisor to a mutual or similar fund that beneficially owns shares of Company Common Stock) fifty percent (50%) or less of the applicable fiscal yearthen outstanding Company Common Stock, GE or GECC shall only have the right to review such press releases, public statements, reports and other information in advance if necessary, by virtue of its equity ownership in the Company, necessary for any member of the GE Group to (1) comply with applicable financial reporting requirements or its customary financial reporting practices or (2) respond to any reasonable requests for information regarding the Company and its Subsidiaries received by GE or GECC from investors or financial analysts. No press release, report, registration, information or proxy statement, prospectus or other document which refers, or contains information with respect, to any member of the GE Group shall be filed with the SEC or otherwise made public or released to any financial analyst or investor by the Company or any of its Subsidiaries without the prior written consent of GE GECC (which consent shall not be unreasonably withheld, conditioned or delayed) with respect to those portions of such document that contain information with respect to any member of the GE Group, except as may be required by Law (in such cases the Company shall use its reasonable best efforts to notify the relevant member of the GE Group and to obtain such member’s consent before making such a filing with the SEC or otherwise making any such information public).

Public Information and SEC Reports. The Company and each of its Subsidiaries that files information with the SEC shall use commercially reasonable efforts to timely file and cooperate with GE Genworth in preparing reports, notices and proxy and information statements to be sent or made available by the Company or such Subsidiaries to their security holders, all regular, periodic and other reports filed under Sections 13, 14 and 15 of the Exchange Act by the Company or such Subsidiaries and all registration statements and prospectuses to be filed by the Company or such Subsidiaries with the SEC or any securities exchange pursuant to the listed company manual (or similar requirements) of such exchange (collectively, “Company Public Documents”) and deliver to GE Genworth (to the attention of its senior securities counselCorporate Secretary), no later than the date the same are printed for distribution to its shareholders, sent to its shareholders or filed with the SEC, whichever is earliest, final copies of all Company Public Documents (except to the extent publicly available via the SEC’s XXXXX system)Documents. Upon reasonable advance notice from GE Genworth of its planned filing date for any given period (including reasonable notice of any changes to such date), the Company shall use commercially reasonable efforts to file (xi) its Quarterly Report on Form 10-Q with the SEC on or about the same day as GEno later than ten (10) days after Xxxxxxxx’s planned filing date with the SEC for its quarterly reports for the corresponding period period, and (yii) its Annual Report on Form 10-K with the SEC on or about the same day as GEno later than fifteen (15) days after Genworth’s planned filing date with the SEC for its annual reports for the corresponding period; provided, that in no event shall the Company file such report for any given period prior to GEGenworth’s filing of its own such report for the corresponding periodperiod and this Section 5.4(i) and (ii) shall not apply to the Company’s first Quarterly Report on Form 10-Q and Annual Report on Form 10-K, unless which the Company is so required by Lawshall timely file in accordance with SEC rules. Notwithstanding the foregoing, upon reasonable advance notice from the Company to Genworth, the Company may file any reports in advance of Xxxxxxxx’s filing if necessary for the Company to comply with any applicable SEC or other legal deadlines. The Parties shall cooperate in preparing all press releases and other statements to be made available by the Company or any of its Subsidiaries to the public, including including, information concerning material developments in the business, properties, results of operations, financial condition or prospects of the Company or any of its Subsidiaries. GE Genworth shall have the right to review, reasonably in advance of public release or release to financial analysts or investors and in a manner consistent with the procedures and practices in effect prior to the Closing Date with respect to press releases issued by the Company (1A) all press releases and other statements to be made available by the Company or any of its Subsidiaries to the public that relate to financial or accounting matters and (2B) all reports and other information prepared by the Company or any of its Subsidiaries for release to financial analysts or investors; provided, however, that neither GE Genworth nor any member of the GE Genworth Group shall publicly disclose any material, non-public information of the Company except pursuant to policies and procedures mutually agreed upon by GE Genworth and the Company for the disclosure of such information and except as required by applicable Law; provided, further, that notwithstanding anything in this Article V to the contrary, after the Trigger Date, for so long as at any time when members of the GE Genworth Group beneficially own at least 10% own, in the aggregate less than fifty percent (50%) of the then outstanding shares of Company Common Stock on any date during the applicable fiscal yearStock, GE Genworth shall only have the right to review such press releases, public statements, reports and other information in advance if necessary, by virtue of its equity ownership in the Company, necessary for any member of the GE Genworth Group to (1x) comply with applicable financial reporting requirements or its customary financial reporting practices or (2) respond to any reasonable requests for information regarding the Company and its Subsidiaries received by GE from investors or financial analysts. No press release, report, registration, information or proxy statement, prospectus or other document which refers, or contains information with respect, to any member of the GE Group shall be filed with the SEC or otherwise made public or released to any financial analyst or investor by the Company or any of its Subsidiaries without the prior written consent of GE (which consent shall not be unreasonably withheld, conditioned or delayed) with respect to those portions of such document that contain information with respect to any member of the GE Group, except as may be required by Law (in such cases the Company shall use its reasonable best efforts to notify the relevant member of the GE Group and to obtain such member’s consent before making such a filing with the SEC or otherwise making any such information public).or

Public Information and SEC Reports. The Company CPE shall, and shall cause each of its Subsidiaries that files information with the SEC shall use commercially reasonable efforts to timely file and to, cooperate with GE the applicable member(s) of the Rio Tinto Group in preparing reports, notices and proxy and information statements to be sent or made available by the Company CPE or such Subsidiaries to their security holders, all regular, periodic and other reports filed under Sections 13, 14 and 15 of the Exchange Act by the Company CPE or such Subsidiaries and all registration statements and prospectuses to be filed by the Company CPE or such Subsidiaries with the SEC or any national securities exchange pursuant to the listed company manual (or similar requirements) of such exchange (collectively, “Company Cloud Peak Public DocumentsFilings”) and deliver to GE (to the attention of its senior securities counsel)RTEA, no later than the date the same are printed for distribution to its shareholders, sent to its shareholders or filed with the SEC, whichever is earliest, final copies of all Company Cloud Peak Public Documents (except to the extent publicly available via the SEC’s XXXXX system). Upon reasonable advance notice from GE of its planned filing date for any given period (including reasonable notice of any changes to such date)Filings, the Company provided, however, that CPE shall use commercially reasonable efforts to file (x) deliver to RTEA the final form of its Quarterly Annual Report on Form 10-Q K, together with all certifications required by applicable Law by each of the SEC chief executive officer and chief financial officer of CPE and an opinion thereon by CPE’s independent registered public accountants, no later than 9:00 a.m., New York city time, on or about the same second day as GE’s planned filing date with prior to the SEC for its quarterly reports for the corresponding period and (y) day CPE is required to file its Annual Report on Form 10-K with the SEC on or about the same day as GE’s planned filing date SEC. CPE and CPE LLC shall cooperate with the SEC for its annual reports for applicable member(s) of the corresponding period; provided, that in no event shall the Company file such report for any given period prior to GE’s filing of its own such report for the corresponding period, unless the Company is so required by Law. The Parties shall cooperate Rio Tinto Group in preparing all press releases and other statements to be made available by the Company CPE and CPE LLC or any of its their respective Subsidiaries to the public, including including, without limitation, information concerning material developments in the business, properties, results of operations, financial condition or prospects of the Company CPE and CPE LLC or any of its their respective Subsidiaries. GE The Rio Tinto Group shall have the right to review, if practicable, reasonably in advance of the public release or release to financial analysts or investors (1) all press releases and other written statements to be made available by the Company CPE and CPE LLC or any of its their respective Subsidiaries to the public (excluding press releases or written statements that relate primarily to financial or accounting matters and trade matters), (2) all reports and other information prepared by the Company CPE and CPE LLC or any of its their respective Subsidiaries for release to financial analysts or investorsinvestors and (3) all Cloud Peak Public Filings; provided, however, that the applicable member(s) of the Cloud Peak Group shall have the sole right to determine the timing of all such releases, and provided, further, that neither GE RTEA nor any member of the GE Rio Tinto Group shall disclose any material, non-public information of the Company CPE or CPE LLC except (i) pursuant to policies and procedures mutually agreed upon by GE RTEA and the Company CPE and CPE LLC for the disclosure of such information and except (ii) as required by applicable Law; provided, further, that notwithstanding anything in this Article V to the contrary, after the Trigger Date, for so long as members of the GE Group beneficially own at least 10% of the outstanding shares of Company Common Stock on any date during the applicable fiscal year, GE shall have the right to review such press releases, public statements, reports and other information in advance if necessary, by virtue of its equity ownership in the Company, for any member of the GE Group to (1) comply with applicable financial reporting requirements or its customary financial reporting practices or (2) respond to any reasonable requests for information regarding the Company and its Subsidiaries received by GE from investors or financial analysts. No press release, report, registration, information or proxy statement, prospectus or other document which refers, or contains information with respect, to any member of the GE Rio Tinto Group shall be filed with the SEC or otherwise made public or released to any financial analyst or investor by the Company CPE or CPE LLC, and CPE and CPE LLC shall not permit any of its their respective Subsidiaries to file or otherwise make public or release such information, without the prior written consent of GE (which consent shall not be unreasonably withheld, conditioned or delayedthe applicable member(s) of the Rio Tinto Group with respect to those portions of such document that contain information with respect to any member of the GE Group, Rio Tinto Group except as may be required by applicable Law (in such cases the Company CPE and CPE LLC shall use its their reasonable best efforts to notify the relevant member of the GE Rio Tinto Group and to obtain such member’s consent before making such a filing with the SEC or otherwise making any such information public).

Public Information and SEC Reports. The Company and each of its Subsidiaries that files information with the SEC shall use commercially reasonable efforts to timely file and cooperate with GE and GECC in preparing reports, notices and proxy and information statements to be sent or made available by the Company or such Subsidiaries to their security holders, all regular, periodic and other reports filed under Sections 13, 14 and 15 of the Exchange Act by the Company or such Subsidiaries and all registration statements and prospectuses to be filed by the Company or such Subsidiaries with the SEC or any securities exchange pursuant to the listed company manual (or similar requirements) of such exchange (collectively, “Company Public Documents”) and deliver to GE (to the attention of its senior securities counselSenior Securities Counsel), no later than the date the same are printed for distribution to its shareholders, sent to its shareholders or filed with the SEC, whichever is earliest, final copies of all Company Public Documents (except to the extent publicly available via the SEC’s XXXXX system)Documents. Upon reasonable advance notice from GE of its planned filing date for any given period (including reasonable notice of any changes to such date)GE, the Company shall use commercially reasonable efforts to file (x) its Quarterly Report Reports on Form 10-Q with the SEC on or about the same day as GE’s planned filing date with the SEC for its quarterly reports for the corresponding period and (y) its Annual Report Reports on Form 10-K with the SEC on or about the same day as GE’s planned filing date with the SEC for its annual reports for the corresponding period; provided, that immediately (and in no event shall the Company file such report for any given period prior to later than one hour) following GE’s filing of its own such report quarterly and annual reports with the SEC for the corresponding period, unless the Company is so required by Law. The Parties shall cooperate in preparing all press releases and other statements to be made available by the Company or any of its Subsidiaries to the public, including including, information concerning material developments in the business, properties, results of operations, financial condition or prospects of the Company or any of its Subsidiaries. GE and GECC shall have the right to review, reasonably in advance of public release or release to financial analysts or investors and in a manner consistent with the procedures and practices in effect prior to the Closing Date with respect to press releases issued by the Company (1) all press releases and other statements to be made available by the Company or any of its Subsidiaries to the public that relate to financial or accounting matters and (2) all reports and other information prepared by the Company or any of its Subsidiaries for release to financial analysts or investors; provided, however, that neither GE nor any member of the GE Group shall disclose any material, non-public information of the Company except pursuant to policies and procedures mutually agreed upon by GE or GECC and the Company for the disclosure of such information and except as required by applicable Law; provided, further, that notwithstanding anything in this Article V to the contrary, after the Trigger Date, for so long as at any time when members of the GE Group beneficially own at least 10% of own, in the outstanding aggregate, (excluding for such purposes shares of Company Common Stock on any date during beneficially owned by GECC but not for its own account, including (in such exclusion) beneficial ownership which arises by virtue of some entity that is an Affiliate of GECC being a sponsor of or advisor to a mutual or similar fund that beneficially owns shares of Company Common Stock) fifty percent (50%) or less of the applicable fiscal yearthen outstanding Company Common Stock, GE or GECC shall only have the right to review such press releases, public statements, reports and other information in advance if necessary, by virtue of its equity ownership in the Company, necessary for any member of the GE Group to (1) comply with applicable financial reporting requirements or its customary financial reporting practices or (2) respond to any reasonable requests for information regarding the Company and its Subsidiaries received by GE or GECC from investors or financial analysts. No press release, report, registration, information or proxy statement, prospectus or other document which refers, or contains information with respect, to any member of the GE Group shall be filed with the SEC or otherwise made public or released to any financial analyst or investor by the Company or any of its Subsidiaries without the prior written consent of GE GECC (which consent shall not be unreasonably withheld, conditioned or delayed) with respect to those portions of such document that contain information with respect to any member of the GE Group, except as may be required by Law (in such cases the Company shall use its reasonable best efforts to notify the relevant member of the GE Group and to obtain such member’s consent before making such a filing with the SEC or otherwise making any such information public).

Public Information and SEC Reports. The Company and each of its Subsidiaries that files information with the SEC shall use commercially reasonable efforts to timely file and cooperate consult with GE Xxxxxxx Xxxxxx in preparing reports, notices and proxy and information statements to be sent or made available by the Company or such Subsidiaries to their its security holders, all regular, periodic and other reports filed under Sections 13, 14 and 15 of the Exchange Act by the Company or such Subsidiaries and all registration statements and prospectuses (including all financial statements contained therein) to be filed by the Company or such Subsidiaries with the SEC or any securities exchange pursuant to the listed company manual (or similar requirements) of such exchange (collectively, “Company Public Documents”) ). Emerson Parent shall have the right to review and comment on any proposed Company Public Document reasonably in advance of the date the same are printed for distribution to the Company’s stockholders, sent to the Company’s stockholders or filed with the SEC, whichever is earliest. The Company shall consider any such comments in good faith and deliver to GE (to the attention of its senior securities counsel)Emerson Parent, no later than the date the same are printed for distribution to its shareholdersthe Company’s stockholders, sent to its shareholders the Company’s stockholders or filed with the SEC, whichever is earliest, final copies of all Company Public Documents (except to the extent publicly available via the SEC’s XXXXX system). Upon reasonable advance notice from GE of its planned filing date for any given period (including reasonable notice of any changes to such date), the The Company shall use commercially reasonable efforts to file on a date reasonably determined by Xxxxxxx Xxxxxx, (x) its Quarterly Report on Form 10-Q with the SEC on or about the same day as GE’s planned filing date with the SEC for its quarterly reports for the corresponding period and (y) its Annual Report on Form 10-K with the SEC on or about the same day as GE’s planned filing date with the SEC for its annual reports for the corresponding period; provided, that in no event shall the Company file such report for any given period prior to GE’s filing of its own such report for the corresponding periodSEC, unless the Company is so otherwise required by Applicable Law. The Parties shall cooperate in preparing all press releases and other statements to be made available by the Company or any other member of its Subsidiaries the Company Group to the public, including information concerning material developments in the business, properties, results of operations, financial condition or prospects of the Company or any other member of its Subsidiariesthe Company Group. GE Emerson shall have the right to reviewreview and comment on, reasonably in advance advance, but no later than five (5) Business Days of public release or release to financial analysts or investors (1) all press releases and other statements to be made available by the Company or any other member of its Subsidiaries the Company Group to the public that relate to financial or accounting matters and (2) all reports and other information prepared by the Company or any other member of its Subsidiaries the Company Group for release to financial analysts or investors; provided, however, that neither GE nor . The Company shall consider any member of the GE Group shall disclose any material, non-public information of the Company except pursuant to policies and procedures mutually agreed upon by GE and the Company for the disclosure of such information and except as required by applicable Law; provided, further, that notwithstanding anything comments in this Article V to the contrary, after the Trigger Date, for so long as members of the GE Group beneficially own at least 10% of the outstanding shares of Company Common Stock on any date during the applicable fiscal year, GE shall have the right to review such press releases, public statements, reports and other information in advance if necessary, by virtue of its equity ownership in the Company, for any member of the GE Group to (1) comply with applicable financial reporting requirements or its customary financial reporting practices or (2) respond to any reasonable requests for information regarding the Company and its Subsidiaries received by GE from investors or financial analystsgood faith. No press release, report, registration, information or proxy statement, prospectus or other document which refers, or contains information with respect, to any member of the GE Emerson Group shall be filed with the SEC or otherwise made public or released to any financial analyst or investor by the Company or any of its Subsidiaries without the prior written consent of GE Emerson Parent (which consent shall not be unreasonably withheld, conditioned or delayed) with respect to those portions of such document that contain information with respect to any member of the GE Emerson Group, except as may be required by Applicable Law (in such cases the Company shall use its reasonable best efforts to notify the relevant member of the GE Emerson Group and to obtain such member’s consent before making such a filing with the SEC or otherwise making any such information public).. (c)