Common use of Reports by Company and the Guarantors Clause in Contracts

Reports by Company and the Guarantors. The Company and each Guarantor shall: (1) file with the Trustee, within 15 days after the Company or such Guarantor, as the case may be, is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company or such Guarantor may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company or such Guarantor, as the case may be, is not required to file information, documents or reports pursuant to either of said Sections, then it shall file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations; (2) file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such additional information, documents and reports with respect to compliance by the Company or such Guarantor with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and (3) transmit by mail to all Holders, in the manner and to the extent provided in TIA Section 313(c), within 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company or such Guarantor pursuant to paragraphs (1) and (2) of this Section as may be required by rules and regulations prescribed from time to time by the Commission. ARTICLE EIGHT

Reports by Company and the Guarantors. The Company and each Guarantor the Guarantors, pursuant to Section 314(a) of the Trust Indenture Act, shall: (1) file with the Trustee, within 15 days after the Company or such Guarantor, as the case may be, any Guarantor is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company or such Guarantor Guarantor, as the case may be, may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company or such Guarantor, as the case may be, is not required to file information, documents or reports pursuant to either of said Sections, then it shall file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations; (2) file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such additional information, documents and reports with respect to compliance by the Company or such Guarantor any Guarantor, as the case may be, with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and (3) transmit by mail to all Holderswithin 30 days after the filing thereof with the Trustee, in the manner and to the extent provided in TIA Section 313(c), within 30 days after ) of the filing thereof with the TrusteeTrust Indenture Act, such summaries of any information, documents and reports required to be filed by the Company or such any Guarantor pursuant to paragraphs (1) and (2) of this Section as may be required by rules and regulations prescribed from time to time by the Commission. ARTICLE EIGHT.

Reports by Company and the Guarantors. The Company and each Guarantor the Guarantors, pursuant to Section 314(a) of the Trust Indenture Act, shall: (1) file with the Trustee, within 15 days after the Company or such Guarantorthe Guarantors, as the case may be, is are required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may may, from time to time time, by rules and regulations prescribe) which the Company or such Guarantor the Guarantors, as the case may be, may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Company or such Guarantorthe Guarantors, as the case may be, is not required to file information, documents or reports pursuant to either of said Sections, then it shall file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Securities Exchange Act of 1934, as amended, in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations; (2) file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such additional information, documents and reports with respect to compliance by the Company or such Guarantor the Guarantors, as the case may be, with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and (3) transmit by mail to all Holderswithin 30 days after the filing thereof with the Trustee, in the manner and to the extent provided in TIA Section 313(c), within 30 days after ) of the filing thereof with the TrusteeTrust Indenture Act, such summaries of any information, documents and reports required to be filed by the Company or such Guarantor the Guarantors, as the case may be, pursuant to paragraphs (1) and (2) of this Section as may be required by rules and regulations prescribed from time to time by the Commission. ARTICLE EIGHT.

Reports by Company and the Guarantors. The Company and each Guarantor the Guarantors, pursuant to Section 314(a) of the Trust Indenture Act, shall: (1) file with the Trustee, within 15 days after the Company or such any Guarantor, as the case may be, is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company or such Guarantor Guarantor, as the case may be, may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Company or such any Guarantor, as the case may be, is not required to file information, documents or reports pursuant to either of said Sections, then it shall file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Securities Exchange Act of 1934, as amended, in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations; (2) file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such additional information, documents and reports with respect to compliance by the Company or such Guarantor any Guarantor, as the case may be, with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and (3) transmit by mail to all Holderswithin 30 days after the filing thereof with the Trustee, in the manner and to the extent provided in TIA Section 313(c), within 30 days after ) of the filing thereof with the TrusteeTrust Indenture Act, such summaries of any information, documents and reports required to be filed by the Company or such any Guarantor pursuant to paragraphs (1) and (2) of this Section as may be required by rules and regulations prescribed from time to time by the Commission. ARTICLE EIGHTDelivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Reports by Company and the Guarantors. The (a) Whether or not required by the rules and regulations of the SEC, the Company and each Guarantor shall: (1) file with shall deliver to the Trustee, within 15 days after the date such reports would be required to be filed with the SEC if the Company or such Guarantor, as the case may be, is were required to file such reports pursuant to Section 13 or 15(d) of the same with the CommissionExchange Act, copies of the all annual and quarterly reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission SEC may from time to time by rules and regulations prescribe) which the Company or such Guarantor may that it would be required to file with the Commission SEC pursuant to Section 13 or 15(d) of the Exchange Act if the Company were required to file such reports. To the extent required by law or the rules and regulations of the SEC, the Company also shall comply with the provisions of TIA Section 314(a). (b) For so long as any Restricted Securities are outstanding, the Company agrees that, in order to render such Restricted Securities eligible for resale pursuant to Rule 144A under the Securities Act, it will make available, upon request, to any Holder of Restricted Securities or prospective purchasers of Restricted Securities the information specified in Rule 144A(d)(4), unless the Company files or furnishes such information to the SEC pursuant to Section 13 or 15(d) of the Exchange Act; or. (c) Delivery of such reports and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, if including the compliance by each of the Company or such Guarantor, and the Guarantors with any of its covenants hereunder (as the case may be, is not required to file information, documents or reports pursuant to either of said Sections, then it shall file with which the Trustee and the Commission, in accordance with rules and regulations prescribed from time is entitled to time by the Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Exchange Act in respect of a security listed and registered rely exclusively on a national securities exchange as may be prescribed from time to time in such rules and regulations; (2) file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such additional information, documents and reports with respect to compliance by the Company or such Guarantor with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and (3) transmit by mail to all Holders, in the manner and to the extent provided in TIA Section 313(cOfficer’s Certificates), within 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company or such Guarantor pursuant to paragraphs (1) and (2) of this Section as may be required by rules and regulations prescribed from time to time by the Commission. ARTICLE EIGHT.

Reports by Company and the Guarantors. The Company and each Guarantor the Guarantors, pursuant to Section 314(a) of the Trust Indenture Act, shall: (1) file with the Trustee, within 15 days after the Company or such any Guarantor, as the case may be, is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company or such Guarantor Guarantor, as the case may be, may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Company or such any Guarantor, as the case may be, is not required to file information, documents or reports pursuant to either of said Sections, then it shall file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Securities Exchange Act of 1934, as amended, in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations; (2) file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such additional information, documents and reports with respect to compliance by the Company or such Guarantor any Guarantor, as the case may be, with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and (3) transmit by mail to all Holderswithin 30 days after the filing thereof with the Trustee, in the manner and to the extent provided in TIA Section 313(c), within 30 days after ) of the filing thereof with the TrusteeTrust Indenture Act, such summaries of any information, documents and reports required to be filed by the Company or such any Guarantor pursuant to paragraphs (1) and (2) of this Section as may be required by rules and regulations prescribed from time to time by the Commission. ARTICLE EIGHTDelivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates).

Reports by Company and the Guarantors. The Company and each Guarantor the Guarantors, pursuant to Section 314(a) of the Trust Indenture Act, shall: (1) file with the Trustee, within 15 days after the Company or such any Guarantor, as the case may be, is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company or such Guarantor Guarantor, as the case may be, may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Company or such any Guarantor, as the case may be, is not required to file information, documents or reports pursuant to either of said Sections, then it shall file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Securities Exchange Act of 1934, as amended, in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations; (2) file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such additional information, documents and reports with respect to compliance by the Company or such Guarantor any Guarantor, as the case may be, with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and (3) transmit by mail to all Holderswithin 30 days after the filing thereof with the Trustee, in the manner and to the extent provided in TIA Section 313(c), within 30 days after ) of the filing thereof with the TrusteeTrust Indenture Act, such summaries of any information, documents and reports required to be filed by the Company or such any Guarantor pursuant to paragraphs (1) and (2) of this Section as may be required by rules and regulations prescribed from time to time by the Commission. ARTICLE EIGHT.

Reports by Company and the Guarantors. The Each of the Company and each Guarantor shall: (1the Guarantors, pursuant to Section 314(a) of the Trust Indenture Act, shall file with the Trustee, within 15 days after the Company or such Guarantor, as the case may be, is required to file it files the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company or such Guarantor may be it is required to file with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange Act; orAct of 1934. Delivery of such reports, if the Company or such Guarantor, as the case may be, is not required information and documents to file information, documents or reports pursuant to either of said Sections, then it shall file with the Trustee is for informational purposes only and the CommissionTrustee’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, in accordance with rules and regulations prescribed from time to time by including the Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations; (2) file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such additional information, documents and reports with respect to compliance by the Company or such Guarantor the Guarantors with any of their respective covenants hereunder (as to which the conditions and covenants of this Indenture as may be required from time Trustee is entitled to time by such rules and regulations; and (3) transmit by mail to all Holders, in the manner and to the extent provided in TIA Section 313(crely exclusively on Officer’s Certificates), within 30 days after the filing thereof with the Trustee, such summaries of . The Trustee agrees that any quarterly or annual report or other information, documents and reports required to be filed by document or other report that the Company or such any Guarantor files with the Commission pursuant to paragraphs (1) and (2Section 13 or 15(d) of the Securities Exchange Act of 1934 on the Commission’s XXXXX system shall be deemed to constitute delivery of such filing to the Trustee; provided that the Trustee shall have no obligation to confirm or verify whether any such filing has been made. The covenant set forth in this Section as may 703 shall, with respect to each Guarantor, be required by rules and regulations prescribed from time applicable solely with respect to time by the Commission. ARTICLE EIGHTSecurities of a series to which, pursuant to Section 301, the provisions of Article Sixteen shall apply.

Reports by Company and the Guarantors. The Company and each Guarantor the Guarantors shall: (1a) file with the Trustee, within 15 days after the Company or such Guarantor, as the case may be, any Guarantor is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company or such any Guarantor may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange ActAct of 1934; or, if the Company or such Guarantor, as the case may be, any Guarantor is not required to file information, documents or reports pursuant to either of said Sections, then it shall file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Securities Exchange Act of 1934 in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations; (2b) If the Company or a Guarantor is no longer required (or is not required, as the case may be) to file reports pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934, then it shall promptly furnish or cause to be furnished such information as is specified pursuant to Rule 144A(d)(4) under the Securities Act of 1933 (or any successor provision thereto) to such Holder or to a prospective purchaser of a Note who is designated by such Holder and is a qualified institutional buyer (as defined in Rule 144A), upon the request of such Holder or prospective purchaser, in order to permit compliance by such Holder with Rule 144A under the Securities Act of 1933. (c) file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such additional information, documents and reports with respect to compliance by the Company or such Guarantor with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and (3d) transmit by mail to all Holders, as their names and addresses appear in the manner and to the extent provided in TIA Section 313(c)Register, within 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company or such Guarantor pursuant to paragraphs (1a) and through (2c) of this Section as may be required by rules and regulations prescribed from time to time by the Commission. ARTICLE EIGHT.