Common use of Reports by Company Clause in Contracts

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same with the Commission. Delivery 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 Officer’s Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.

Reports by Company. The Company shall file with the Trustee and with the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such in the Trust Indenture Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same is required to be filed with the Commission. At any time when the Company is not subject to Section 13 or 15(d) of the Exchange Act, upon the request of a Holder or a beneficial owner of a Security, the Company shall promptly furnish the information specified in Rule 144A (d) (4) of the Securities Act (or any successor provision), or cause such information to be furnished, to such Holder or beneficial owner in order to permit compliance by such Holder or beneficial owner with Rule 144A under the Securities Act; provided, however, that the Company shall not be required to furnish such information at any time to a prospective purchaser located outside the United States who is not a "U.S. person" within the meaning of Regulation S under the Securities Act. If this Indenture shall have been qualified under the Trustee Indenture Act, the Company also shall comply with the other provisions of Trust Indenture Act Section 314(a). Delivery of such reports, information and documents to the Trustee is for informational purposes only, only and the Trustee’s 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Officers' Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same is so required to be filed with the Commission. In the event the Company is not subject to Section 13 or 15(d) of the Exchange Act, it shall file with the Trustee upon request the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. Delivery of such reports, information and documents to the Trustee is for informational purposes only, 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 Officer’s Officers’ Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) It is expressly understood that materials transmitted electronically by the Company to Holders, as the case may be, if the Company has Trustee shall be deemed filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the ActTrustee for purposes of this Section 7.04.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such the Trust Indenture Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same with the Commission. Delivery 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 Officer’s Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such the Trust Indenture Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same with the Commission. Delivery 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 Officer’s Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX EXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX EXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same is so required to be filed with the Commission. In the event the Company is not subject to Section 13 or 15(d) of the Exchange Act, it shall file with the Trustee upon request the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. Delivery of such reports, information and documents to the Trustee is for informational purposes only, only and the Trustee’s 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Officers' Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) It is expressly understood that materials transmitted electronically by the Company to Holders, as the case may be, if the Company has Trustee shall be deemed filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the ActTrustee for purposes of this Section 7.04.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same is so required to be filed with the Commission. In the event the Company is not subject to Section 13 or 15(d) of the Exchange Act, it shall file with the Trustee upon request the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. It is expressly understood that materials transmitted electronically by the Company to the Trustee shall be deemed filed with the Trustee for purposes of this Section 7.04. The Trustee shall not be under a duty to review or evaluate any report or information delivered to the Trustee pursuant to the provisions of this Section 7.04 for the purposes of making such reports available to it and to the Holders of Securities who may request such information. Delivery of such reports, information and documents to the Trustee as may be required under this Section 7.04 is for informational purposes only, 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 Officer’s Certificatesan Officers’ Certificate). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.

Reports by Company. (a) The Company shall file with the Trustee and the CommissionSEC, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such the Trust Indenture Act; provided that any such information, documents or reports required to be filed with the Commission SEC pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 thirty (30) calendar days after the Company files the same is so required to be filed with the CommissionSEC. To the extent the Company has filed such information with the SEC through the SEC’s Electronic Data Gathering, Analysis, and Retrieval system, or any successor system employed by the SEC, the Company shall be deemed to have complied with this Section 4.12. The Trustee shall have no duty to search for or obtain any electronic or other filings that the Company makes with the SEC, regardless of whether such filings are periodic, supplemental or otherwise. (b) Delivery of such reports, information and documents to the Trustee is for informational purposes only, only and the Trustee’s receipt of such shall not constitute constructive or actual knowledge or 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 Officer’s Officers’ Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same is so required to be filed with the Commission. In the event the Company is not subject to Section 13 or 15(d) of the Exchange Act, it shall file with the Trustee upon request the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. Delivery of such reports, information and documents to the Trustee is for informational purposes only, only and the Trustee’s 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Officers' Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) It is expressly understood that materials transmitted electronically by the Company to Holders, as the case may be, if the Company has Trustee shall be deemed filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.Trustee for purposes of this Section 7.04. ----

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same with the Commission. Delivery 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 Officer’s Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Trust Indenture Act.

Reports by Company. The Company shall file with the Trustee (and the CommissionCommission if at any time after the Indenture becomes qualified under the Trust Indenture Act), and transmit transmit, or cause the Trustee to Holderstransmit, to holders of Debentures, such information, documents and other reports, reports and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act, whether or not the Debentures are governed by such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 fifteen (15) days after the Company files the same is so required to be filed with the Commission. Delivery of such reports, information and documents to the Trustee is for informational purposes only, only and the Trustee’s 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s an Officers' Certificates). Such All required information, documents, documents and other reports and summaries referred to in this Section 7.04 shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by to the Company to Holders, as Debentureholders at the case may be, if the Company has filed time such information, documents, documents or other reports and summaries are publicly filed with the Commission using via the XXXXX Commission's EXXXX and/or IDEA filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act).

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents documents, and other reports, and such summaries thereof summaries, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Trust Indenture Act; provided that with respect to any such information, documents documents, or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed Act, the Company intends to file such information, documents or reports with the Trustee within 15 days after Commission in electronic form in accordance with Regulation S-T of the Commission using the Commission’s Electronic Data Gathering, Analysis and Retrieval system (XXXXX). Compliance with the foregoing, or any successor electronic system approved by the Commission, will constitute delivery by the Company files of such reports to the same Trustee and Holders in compliance with the CommissionTrust Indenture Act. Delivery of such reports, information information, and documents to the Trustee is for informational purposes only, only and the Trustee’s receipt of such shall not constitute actual or constructive knowledge or 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 shall be entitled to rely exclusively on Officer’s Officers’ Certificates). Such informationThe Trustee shall not be obligated to monitor or confirm, documentson a continuing basis or otherwise, reports and summaries shall be deemed the Company’s compliance with the covenants in this Indenture or to monitor whether or not any such reports, information or other documents have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the with XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereofwebsite under this Indenture, is not prohibited by the Actor to participate in any conference calls.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such the Trust Indenture Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same is filed with the Commission; or, if the Company is not required to file information, documents or reports pursuant to either of said Sections, then it will file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such of the information, documents and other reports, and such summaries thereof, which may be required pursuant to Section 13 of the Exchange Act in respect of which a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations. The Company will be deemed to have furnished such reports to Holders of Securities if it has filed such reports with the Commission using the XXXXX filing system and such reports are publicly available via XXXXX. Delivery of such reports, information and documents to the Trustee is for informational purposes only, 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 Officer’s Officers’ Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 30 calendar days after the Company files the same is so required to be filed with the Commission. To the extent the Company has filed such information with the Commission through the Commission’s XXXXX system, or any successor system employed by the Commission, the Company shall be deemed to have complied with this Section 704. The Trustee shall have no duty to search for or obtain any electronic or other filings that the Company makes with the SEC, regardless of whether such filings are periodic, supplemental or otherwise. Delivery of such reports, information and documents to the Trustee is for informational purposes only, 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 Officer’s Officers’ Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same is so required to be filed with the Commission. In the event the Company is not subject to Section 13 or 15(d) of the Exchange Act, it shall file with the Trustee upon request the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. Delivery of such reports, information and documents to the Trustee is for informational purposes only, only and the Trustee’s 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s 's Certificates). Such information, documents, reports It is expressly understood that materials transmitted electronically (simultaneously or promptly confirmed by notice by fax or mail indicating the manner and summaries shall location by which such materials may be deemed to have been (ielectronically accessed) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has Trustee shall be deemed filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the ActTrustee for purposes of this Section 7.04.

Reports by Company. The Company (and, as applicable, any Guarantor) shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such the Trust Indenture Act; provided provided, however, that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act (each, a “Required SEC Filing” and collectively, the “Required SEC Filings”) shall be filed with the Trustee within 15 fifteen (15) days after the Company files same is filed with the same Commission; further provided that the Company’s obligation to so file each such Required SEC Filing with the Trustee shall not arise unless and until such Required SEC Filing has been filed with the Commission. Delivery of any such reports, information and documents by the Company (or any Guarantor) to the Trustee is for informational purposes only, 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 Officer’s Officers’ Certificates). Such information, documents, reports The Trustee acknowledges and summaries agrees that materials transmitted electronically by the Company (or any Guarantor) to the Trustee shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Actfor purposes of this Section 7.04.”

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same is so required to be filed with the Commission. In the event the Company is not subject to Section 13 or 15(d) of the Exchange Act, it shall file with the Trustee upon request the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. It is expressly understood that materials transmitted electronically by the Company to the Trustee shall be deemed filed with the Trustee for purposes of this Section 8.04. The Trustee shall not be under a duty to review or evaluate any report or information delivered to the Trustee pursuant to the provisions of this Section 8.04 for the purposes of making such reports available to it and to the Holders of Securities who may request such information. Delivery of such reports, information and documents to the Trustee as may be required under this Section 8.04 is for informational purposes only, 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 Officer’s Certificatesan Officers’ Certificate). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such the Trust Indenture Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same with the Commission. Delivery 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 an Officer’s Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same with the Commission. Delivery of such reports, information and documents to the Trustee is for informational purposes only, and the Trustee’s receipt of such shall not constitute actual or constructive knowledge or 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 Officer’s Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same is so required to be filed with the Commission. In the event the Company is not subject to Section 13 or 15(d) of the Exchange Act, it shall file with the Trustee upon request the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. Delivery of such reports, information and documents to the Trustee is for informational purposes only, only and the Trustee’s 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Officers' Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) It is expressly understood that materials transmitted electronically by the Company to Holders, as the case may be, if the Company has Trustee shall be deemed filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly availableTrustee for purposes of this Section 7.04. ARTICLE 8 CONSOLIDATION, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereofMERGER, is not prohibited by the Act.CONVEYANCE, TRANSFER OR LEASE

Reports by Company. The (a) After this Indenture has been qualified under the Trust Indenture Act, the Company shall file with the Trustee and the Commission, and transmit to HoldersSecurityholders, such information, documents and other reports, reports and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same is filed with the Commission. To the extent any such information, documents and reports are filed by the Company electronically on the Commission’s Electronic Data Gathering and Retrieval System (or any successor system), notice thereof shall be delivered promptly to the Trustee, upon which such information, documents and reports shall be deemed delivered to the Trustee. (b) Delivery 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 conclusively rely exclusively on Officer’s Certificatesan Officers’ Certificate). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) It is expressly understood that materials transmitted electronically by the Company to Holders, as the case may be, if the Company has Trustee shall be deemed filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the ActTrustee for purposes of this Section 9.04.

Reports by Company. The Company shall will file with the Trustee and each Trustee, within 15 days after filing with the Commission, copies of the annual and transmit to Holders, such quarterly reports and of the information, documents and other reports, reports (or copies of such portions of any of the foregoing as the Commission may by rules and such summaries thereof as may be required pursuant to regulations prescribe) which the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed Company files with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed Act. If the Company is no longer subject to these periodic reporting requirements of the Exchange Act, it will nonetheless continue to file reports with the Trustee as if it were subject to such periodic reporting requirements. Regardless of whether the Company is required to furnish such reports to its stockholders pursuant to the Exchange Act, the Company shall cause such reports containing financial information to be mailed to the Holders within 15 days after the Company files the same filing such report with the Commission. Such financial information shall include annual reports containing consolidated financial statements and notes thereto, together with an opinion thereon expressed by an independent public accounting firm, management's discussion and analysis of financial condition and results of operations as well as quarterly reports containing unaudited condensed consolidated financial statements for the first three quarters of each fiscal year. Delivery of such reports, information and documents to the Trustee is for informational purposes only, only and the Trustee’s 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s 's compliance 77 - 70 - with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s 's Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.ARTICLE EIGHT

Reports by Company. (a) The Company shall file with the Trustee and the CommissionSEC, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such the Trust Indenture Act; provided that any such information, documents or reports required to be filed with the Commission SEC pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 thirty (30) calendar days after the Company files the same is so required to be filed with the CommissionSEC. To the extent the Company has filed such information with the SEC through the SEC’s Electronic Data Gathering, Analysis, and Retrieval system, or any successor system employed by the SEC, the Company shall be deemed to have complied with this Section 4.12. The Trustee shall have no duty to search for or obtain any electronic or other filings that the Company makes with the SEC, regardless of whether such filings are periodic, supplemental or otherwise. (b) Delivery of such reports, information and documents to the Trustee is for informational purposes only, 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 Officer’s Officers’ Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such the Trust Indenture Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same is so required to be filed with the Commission. The Company shall be deemed to have complied with the previous sentence to the extent that such information, documents and reports are filed with the Commission via XXXXX (or any successor electronic delivery procedure); provided , however , that the Trustee shall have no obligation whatsoever to determine whether or not such information, documents or reports have been filed pursuant to the XXXXX system (or its successor). Delivery of such reports, information and documents to the Trustee is for informational purposes only, only and the Trustee’s receipt of such shall not constitute actual or constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder pursuant to Article Ten herein (as to which the Trustee is entitled to rely exclusively on Officer’s Officers’ Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such the Trust Indenture Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same is so required to be filed with the Commission. The Company shall be deemed to have complied with the previous sentence to the extent that such information, documents and reports are filed with the Commission via EXXXX (or any successor electronic delivery procedure); provided, however, that the Trustee shall have no obligation whatsoever to determine whether or not such information, documents or reports have been filed pursuant to the EXXXX system (or its successor). Delivery of such reports, information and documents to the Trustee is for informational purposes only, only and the Trustee’s receipt of such shall not constitute actual or constructive knowledge or notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder pursuant to Article Ten herein (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.

Reports by Company. (a) The Company shall file with the Trustee and the CommissionSEC, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such the Trust Indenture Act; provided that any such information, documents or reports required to be filed with the Commission SEC pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 thirty (30) calendar days after the Company files the same is so required to be filed with the CommissionSEC. To the extent the Company has filed such information with the SEC through the SEC’s Electronic Data Gathering, Analysis, and Retrieval system, or any successor system employed by the SEC, the Company shall be deemed to have complied with this Section 4.12. The Trustee shall have no duty to search for or obtain any electronic or other filings that the Company makes with the SEC, regardless of whether such filings are periodic, supplemental or otherwise. (b) Delivery of such reports, information and documents to the Trustee is for informational purposes only, only and the Trustee’s receipt of such shall not constitute constructive or actual knowledge or 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 Officer’s Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same with the Commission. Delivery of such reports, information and documents to the Trustee is for informational purposes only, and the Trustee’s receipt of such shall not constitute actual or constructive knowledge or 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 Officer’s Officers’ Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to the Holders, upon request, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same with the Commission. Delivery of such reports, information and documents to the Trustee is for informational purposes onlyonly and shall not constitute a representation or warranty as to the accuracy or completeness of the reports, information and documents. All required reports, information and documents referred to in this Section 7.4 shall be deemed filed with the Trustee and transmitted to the Holders at the time such reports, information or documents are publicly filed with the Commission via the Commission’s XXXXX filing system (or any successor system), and shall not require any additional or separate filing with the Trustee, or transmittal to the Holders by the Company to satisfy its obligations hereunder, it being understood that the Trustee shall have no responsibility to determine whether any filings by the Company have been made. 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 Officer’s Certificates). Such informationThe Trustee shall not be obligated to monitor or confirm, documentson a continuing basis or otherwise, reports and summaries shall be deemed to have been (i) filed by the Company our compliance with the Trustee and (ii) transmitted by the Company covenants or with respect to Holders, as the case may be, if the Company has any reports or other documents filed such information, documents, reports and summaries with the Commission using the SEC or XXXXX filing system (or any successor filing system) and such reports are publicly availablewebsite under this Indenture, or participate in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Actconference calls.

Reports by Company. The Company shall will file with the Trustee and for the Securities of such series, within 15 days after the Parent Guarantor is required to file the same with the Commission, copies of the annual reports and transmit to Holders, such of the information, documents and other reports, reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and such summaries thereof as regulations prescribe) that the Parent Guarantor may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed file with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934; provided that the availability of the foregoing reports on the Commission’s XXXXX service (or any successor thereto) shall be filed with deemed to satisfy the Company’s delivery obligations to the Trustee within 15 days after and any Holder; With respect to the foregoing paragraph, the Company files may file all information, documents and reports required by this Section 7.3 by email in PDF format; provided, however, that upon the same Trustee’s written request, the Company shall provide the Trustee with the Commissionphysical copies of such information, documents or reports. Delivery of such reports, information and documents to the Trustee is for informational purposes only, 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 Officer’s Officers’ Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.

Reports by Company. (a) The Company shall will file with the Trustee and the Commission, and transmit to the Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act or Section 13 or 15(d) of the Exchange Act at the times and in the manner provided pursuant to such ActActs; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be deemed to have been filed with the Trustee within 15 days after upon submission by the Company files to the same with Commission of such information, documents or reports, but only so long as such information, documents or reports are publicly available through the Commission. ’s Electronic Data Gathering, Analysis and Retrieval system. (b) Delivery of such reports, information and documents to the Trustee is for informational purposes only, 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 conclusively rely exclusively on Officer’s Certificates). (c) The Company shall furnish to the Trustee, on or before May 1 of each year, a brief certificate from the principal executive officer, principal financial officer or principal accounting officer as to his or her knowledge of the Company’s compliance with all conditions and covenants under this Indenture. For purposes of this paragraph, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company certificate need not comply with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the ActSection 1.02.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such the Trust Indenture Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same is so required to be filed with the Commission. The Company shall be deemed to have complied with the previous sentence to the extent that such information, documents and reports are filed with the Commission via XXXXX (or any successor electronic delivery procedure); provided, however, that the Trustee shall have no obligation whatsoever to determine whether or not such information, documents or reports have been filed pursuant to the XXXXX system (or its successor). Delivery of such reports, information and documents to the Trustee is for informational purposes only, only and the Trustee’s receipt of such shall not constitute actual or constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder pursuant to Article Ten herein (as to which the Trustee is entitled to rely exclusively on Officer’s Officers’ Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same is so filed with the Commission. Notwithstanding anything to the contrary in the foregoing, the Company will be deemed to have filed such information, documents and reports referred to in the previous sentence with the Trustee if the Company has filed such information, documents and reports with the Commission via its Electronic Data Gathering, Analysis and Retrieval System (or any successor system) and such information, documents and reports are publicly available. Delivery of such reportsinformation, information documents and documents reports to the Trustee is for informational purposes only, only and the Trustee’s receipt of such shall not constitute actual or constructive knowledge or 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 Officer’s Officers’ Certificates). Such information, documents, reports and summaries The Company shall be deemed to have been (i) filed by the Company with notify the Trustee when any Securities are listed on any stock exchange and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect delisting thereof, is not prohibited by the Act.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such the Trust Indenture Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same with the Commission. Delivery 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 Officer’s Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX EXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX EXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.. Article VIII. CONSOLIDATION, MERGER, CONVEYANCE, TRANSFER OR LEASE

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same is so required to be filed with the Commission. Delivery of such reports, information and documents to the Trustee is for informational purposes only, only and the Trustee’s receipt of such shall not constitute constructive or other 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 Officer’s Certificates). Such informationNotwithstanding the foregoing, documents, reports and summaries shall be deemed to have been (i) the extent any of the information required by this Section 7.04 is filed by the Company with the Trustee Commission and (ii) transmitted by publicly available on the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing Commission’s EXXXX system (or any successor filing system) and system thereto), then such reports are publicly availableinformation shall be deemed to be filed with the Trustee provided, in each case however, that the Trustee shall have no obligation whatsoever to the extent determine if such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Acthas occurred.