Common use of Reports by Corporation Clause in Contracts

Reports by Corporation. (1) The Corporation shall supply to Holders and the U.S. Trustee, in each case at the Corporation’s own expense, copies of the annual reports and quarterly reports of the Corporation and of any information, documents or reports that the Corporation is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act within 15 days after the same is filed with the Commission or pursuant to applicable Trust Indenture Legislation at the times and in the manner provided pursuant to such Trust Indenture Legislation. Notwithstanding the foregoing, such reports, information or documents shall be deemed supplied to Holders and the U.S. Trustee pursuant to this Section 7.4(1) if such reports, information or documents have been filed by the Corporation with the Commission. The U.S. Trustee shall have no responsibility to determine if and when any such reports, information or documents have been filed by the Corporation with the Commission. Delivery of these reports, information and documents to the U.S. Trustee is for informational purposes only and the U.S. Trustee’s receipt of any such report will not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation’s compliance with any of its covenants hereunder, as to which the U.S. Trustee is entitled to rely exclusively on Officer’s Certificates. (2) Notwithstanding that the Corporation may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, or otherwise report on an annual and quarterly basis on forms provided for such annual and quarterly reporting pursuant to rules and regulations promulgated by the Commission, the Corporation shall supply to Holders and the U.S. Trustee: (A) all annual and quarterly financial statements that the Corporation would have filed with the Commission on Form 40-F and Form 6-K pursuant to Section 13 or Section 15(d) of the Exchange Act as if the Corporation was required, as an MJDS-eligible issuer, to file with the Commission such financial statements; provided, however, that such financial statements shall be substantially in the form prescribed or permitted (including pursuant to any exemption granted by applicable regulatory authorities) by applicable Canadian regulatory authorities for Canadian public reporting companies and, with respect to the annual financial statements only, including a report thereon by the Corporation’s certified independent accountants, plus, in each case, a Management’s Discussion and Analysis of the Corporation that describes its financial condition and results of operations on a consolidated basis; and (B) all current reports that would be required to be filed with the Commission on Form 6-K if the Corporation were required to file such reports. For the avoidance of doubt, none of the above reporting requirements shall be construed to require such financial statements or reports that would not otherwise be required to be filed by foreign private issuers subject to MJDS. Notwithstanding the foregoing, such statements, reports and information shall be deemed supplied to Holders and the U.S. Trustee pursuant to this Section 7.4 if such statements, reports and information have been posted on the Corporation’s public website.

Reports by Corporation. (1a) The Corporation shall supply covenants and agrees to Holders and file with the U.S. Trustee, in each case at within 15 days after the Corporation’s own expensedate on which the Corporation is required to file the same with the Commission, copies of the annual reports and quarterly reports of the Corporation and of any information, documents and other reports (or reports that copies of such portions of any of the foregoing as said Commission may from time to time by rules and regulations prescribe) which the Corporation is may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act within 15 days after Act; or, if the same Corporation is filed not required to file in- formation, documents or reports pursuant to either of such sections, then to file with the Commission or Trustee and the Commission, in accordance with rules and regu- lations prescribed from time to time by the Commis- sion, such of the supplementary and periodic in- formation, documents and reports which may be required pursuant to applicable Trust Indenture Legislation at Section 13 of the times 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. (b) The Corporation covenants and agrees to file with the manner provided pursuant Trustee and the Commission, in accordance with the rules and regulations prescribed from time to such Trust Indenture Legislation. Notwithstanding the foregoingtime by said Commission, such reportsadditional informa- tion, information or documents shall be deemed supplied and reports with respect to Holders and the U.S. Trustee pursuant to this Section 7.4(1) if such reports, information or documents have been filed com- pliance by the Corporation with the Commission. conditions and 31 40 covenants provided for in this Indenture as may be required from time to time by such rules and regu- lations. (c) The U.S. Trustee shall have no responsibility Corporation covenants and agrees to determine if transmit by mail to all holders of Securities, as the names and when addresses of such holders appear upon the Security Register, within 30 days after the filing thereof with the Trustee, such summaries of any such reportsinformation, information or documents have been and reports required to be filed by the Corporation with pursuant to subsections (a) and (b) of this Section 4.03 as may be required by rules and regulations prescribed from time to time by the Commission. . (d) Delivery of these such reports, information and documents to the U.S. Trustee is for informational purposes only and the U.S. Trustee’s 's receipt of any such report will shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation’s 's compliance with any of its covenants hereunder, hereunder (as to which the U.S. Trustee is entitled to rely exclusively exclu- sively on Officer’s Officers' Certificates). (2e) Notwithstanding that the Corporation may not be subject to the reporting requirements of Section 13 So long as is required for an offer or 15(d) sale of the Exchange Securities to qualify for an exemption under Rule 144A under the Securities Act, or otherwise report on an annual and quarterly basis on forms provided for such annual and quarterly reporting pursuant to rules and regulations promulgated by the Commission, the Corporation shall supply to Holders and shall, upon request, provide the U.S. Trustee: information re- quired by clause (A) all annual and quarterly financial statements that the Corporation would have filed with the Commission on Form 40-F and Form 6-K pursuant to Section 13 or Section 15(d) of the Exchange Act as if the Corporation was required, as an MJDS-eligible issuer, to file with the Commission such financial statements; provided, however, that such financial statements shall be substantially in the form prescribed or permitted (including pursuant to any exemption granted by applicable regulatory authorities) by applicable Canadian regulatory authorities for Canadian public reporting companies and, with respect to the annual financial statements only, including a report thereon by the Corporation’s certified independent accountants, plus, in each case, a Management’s Discussion and Analysis of the Corporation that describes its financial condition and results of operations on a consolidated basis; and (B) all current reports that would be required to be filed with the Commission on Form 6-K if the Corporation were required to file such reports. For the avoidance of doubt, none of the above reporting requirements shall be construed to require such financial statements or reports that would not otherwise be required to be filed by foreign private issuers subject to MJDS. Notwithstanding the foregoing, such statements, reports and information shall be deemed supplied to Holders and the U.S. Trustee pursuant to this Section 7.4 if such statements, reports and information have been posted on the Corporation’s public website.d)

Reports by Corporation. (1a) The Corporation shall supply covenants and agrees to Holders and file with the U.S. Trustee, in each case at Trustee within 15 days after the Corporation’s own expenseCorporation is required to file the same with the Commission, copies of the annual reports and quarterly reports of the Corporation and of any information, documents and other reports (or reports that copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Corporation is may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange Act within 15 days after of 1934; or, if the same Corporation is filed not required to file information, documents or reports pursuant to either of such sections, then to file with the Commission or 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 applicable Trust Indenture Legislation at Section 13 of the times 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. (b) The Corporation covenants and agrees to file with the manner provided pursuant Trustee and the Commission, in accordance with the rules and regulations prescribed from time to such Trust Indenture Legislation. Notwithstanding time by the foregoingCommission, such reportsadditional information, information or documents shall be deemed supplied and reports with respect to Holders and the U.S. Trustee pursuant to this Section 7.4(1) if such reports, information or documents have been filed compliance by the Corporation with the Commission. The U.S. Trustee shall have no responsibility conditions and covenants provided for in this Subordinated Indenture as may be required from time to determine if time by such rules and when any such reports, information or documents have been filed by the Corporation with the Commission. Delivery of these reports, information and documents to the U.S. Trustee is for informational purposes only and the U.S. Trustee’s receipt of any such report will not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation’s compliance with any of its covenants hereunder, as to which the U.S. Trustee is entitled to rely exclusively on Officer’s Certificatesregulations. (2c) Notwithstanding that the The Corporation may not be subject covenants and agrees to transmit to the reporting requirements Holders of Subordinated Securities within 30 days after the filing thereof with the Trustee, in the manner and to the extent provided in subsection (c) of Section 13 or 15(d) of the Exchange Act, or otherwise report on an annual and quarterly basis on forms provided for such annual and quarterly reporting pursuant to rules and regulations promulgated by the Commission, the Corporation shall supply to Holders and the U.S. Trustee: (A) all annual and quarterly financial statements that the Corporation would have filed with the Commission on Form 40-F and Form 6-K pursuant to Section 13 or Section 15(d) of the Exchange Act as if the Corporation was required, as an MJDS-eligible issuer, to file with the Commission such financial statements; provided, however, that such financial statements shall be substantially in the form prescribed or permitted (including pursuant to any exemption granted by applicable regulatory authorities) by applicable Canadian regulatory authorities for Canadian public reporting companies and, 5.4 with respect to the annual financial statements onlyreports pursuant to subsection (a) of said Section 5.4, including a report thereon by the Corporation’s certified independent accountantssuch summaries of any information, plus, in each case, a Management’s Discussion documents and Analysis of the Corporation that describes its financial condition and results of operations on a consolidated basis; and (B) all current reports that would be required to be filed with the Commission on Form 6-K if the Corporation were required to file such reports. For the avoidance of doubt, none of the above reporting requirements shall be construed to require such financial statements or reports that would not otherwise be required to be filed by foreign private issuers subject the Corporation pursuant to MJDS. Notwithstanding subsections (a) and (b) of this Section 5.3 as may be required by rules and regulations prescribed from time to time by the foregoingCommission. (d) The Corporation and any other obligor on the Subordinated Securities each covenant and agree to furnish to the Trustee, such statementsnot less than annually, reports a brief certificate from the principal executive officer, principal financial officer or principal accounting officer as to his or her knowledge of the Corporation's compliance with all conditions and information covenants of this Subordinated Indenture (which compliance shall be deemed supplied determined without regard to Holders and the U.S. Trustee pursuant to any period of grace or requirement of notice as provided in this Subordinated Indenture). Such certificates need not comply with Section 7.4 if such statements, reports and information have been posted on the Corporation’s public website13.3 of this Subordinated Indenture.

Reports by Corporation. (1a) The Corporation shall supply covenants and agrees to Holders and file with the U.S. Trustee, in each case at Trustee within 15 days after the Corporation’s own expenseCorporation is required to file the same with the Commission, copies of the annual reports and quarterly reports of the Corporation and of any information, documents and other reports (or reports that copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Corporation is may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange Act within 15 days after of 1934; or, if the same Corporation is filed not required to file information, documents or reports pursuant to either of such sections, then to file with the Commission or 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 applicable Trust Indenture Legislation at Section 13 of the times 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. (b) The Corporation covenants and agrees to file with the manner provided pursuant Trustee and the Commission, in accordance with the rules and regulations prescribed from time to such Trust Indenture Legislation. Notwithstanding time by the foregoingCommission, such reportsadditional information, information or documents shall be deemed supplied and reports with respect to Holders and the U.S. Trustee pursuant to this Section 7.4(1) if such reports, information or documents have been filed compliance by the Corporation with the Commission. The U.S. Trustee shall have no responsibility conditions and covenants provided for in this Indenture as may be required from time to determine if time by such rules and when any such reports, information or documents have been filed by the Corporation with the Commission. Delivery of these reports, information and documents to the U.S. Trustee is for informational purposes only and the U.S. Trustee’s receipt of any such report will not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation’s compliance with any of its covenants hereunder, as to which the U.S. Trustee is entitled to rely exclusively on Officer’s Certificatesregulations. (2c) Notwithstanding that the The Corporation may not be subject covenants and agrees to transmit to the reporting requirements Holders of Securities within 30 days after the filing thereof with the Trustee, in the manner and to the extent provided in subsection (c) of Section 13 or 15(d) of the Exchange Act, or otherwise report on an annual and quarterly basis on forms provided for such annual and quarterly reporting pursuant to rules and regulations promulgated by the Commission, the Corporation shall supply to Holders and the U.S. Trustee: (A) all annual and quarterly financial statements that the Corporation would have filed with the Commission on Form 40-F and Form 6-K pursuant to Section 13 or Section 15(d) of the Exchange Act as if the Corporation was required, as an MJDS-eligible issuer, to file with the Commission such financial statements; provided, however, that such financial statements shall be substantially in the form prescribed or permitted (including pursuant to any exemption granted by applicable regulatory authorities) by applicable Canadian regulatory authorities for Canadian public reporting companies and, 5.4 with respect to the annual financial statements onlyreports pursuant to subsection (a) of said Section 5.4, including a report thereon by the Corporation’s certified independent accountantssuch summaries of any information, plus, in each case, a Management’s Discussion documents and Analysis of the Corporation that describes its financial condition and results of operations on a consolidated basis; and (B) all current reports that would be required to be filed with the Commission on Form 6-K if the Corporation were required to file such reports. For the avoidance of doubt, none of the above reporting requirements shall be construed to require such financial statements or reports that would not otherwise be required to be filed by foreign private issuers subject the Corporation pursuant to MJDS. Notwithstanding subsections (a) and (b) of this Section 5.3 as may be required by rules and regulations prescribed from time to time by the foregoingCommission. (d) The Corporation and any other obligor on the Securities each covenant and agree to furnish to the Trustee, such statementsnot less than annually, reports a brief certificate from the principal executive officer, principal financial officer or principal accounting officer as to his or her knowledge of the Corporation's compliance with all conditions and information covenants of this Indenture (which compliance shall be deemed supplied determined without regard to Holders and the U.S. Trustee pursuant to any period of grace or requirement of notice as provided in this Indenture). Such certificates need not comply with Section 7.4 if such statements, reports and information have been posted on the Corporation’s public website13.3 of this Indenture.

Reports by Corporation. (1a) The Corporation shall supply covenants and agrees to Holders and file with the U.S. Trustee, in each case at within 15 days after the Corporation’s own expensedate on which the Corporation is required to file the same with the Commission, copies of the annual reports and quarterly reports of the Corporation and of any information, documents and other reports (or reports that copies of such portions of any of the foregoing as said Commission may from time to time by rules and regulations prescribe) which the Corporation is may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act within 15 days after Act; or, if the same Corporation is filed not required to file information, documents or reports pursuant to either of such sections, then to file with the Commission or 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 applicable Trust Indenture Legislation at Section 13 of the times 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. (b) The Corporation covenants and agrees to file with the manner provided pursuant Trustee and the Commission, in accordance with the rules and regulations prescribed from time to such Trust Indenture Legislation. Notwithstanding the foregoingtime by said Commission, such reportsadditional information, information or documents shall be deemed supplied and reports with respect to Holders and the U.S. Trustee pursuant to this Section 7.4(1) if such reports, information or documents have been filed compliance by the Corporation with the Commission. conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations. (c) The U.S. Trustee shall have no responsibility Corporation covenants and agrees to determine if transmit by mail to all holders of Securities, as the names and when addresses of such holders appear upon the Security Register, within 30 days after the filing thereof with the Trustee, such summaries of any such reportsinformation, information or documents have been and reports required to be filed by the Corporation with pursuant to subsections (a) and (b) of this Section 4.03 as may be required by rules and regulations prescribed from time to time by the Commission. . (d) Delivery of these such reports, information and documents to the U.S. Trustee is for informational purposes only and the U.S. Trustee’s 's receipt of any such report will shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation’s 's compliance with any of its covenants hereunder, hereunder (as to which the U.S. Trustee is entitled to rely exclusively on Officer’s Officers' Certificates). (2e) Notwithstanding that So long as is required for an offer or sale of the Securities to qualify for an exemption under Rule 144A under the Securities Act, the Corporation may not be subject shall, upon request, provide the information required by clause (d)(4) thereunder to each holder of Securities and to each beneficial owner and prospective purchaser of Securities identified by any holder of Restricted Securities, unless such information is furnished to the reporting requirements of Commission pursuant to Section 13 or 15(d) of the Exchange Act, or otherwise report on an annual and quarterly basis on forms provided for such annual and quarterly reporting pursuant to rules and regulations promulgated by the Commission, the Corporation shall supply to Holders and the U.S. Trustee: (A) all annual and quarterly financial statements that the Corporation would have filed with the Commission on Form 40-F and Form 6-K pursuant to Section 13 or Section 15(d) of the Exchange Act as if the Corporation was required, as an MJDS-eligible issuer, to file with the Commission such financial statements; provided, however, that such financial statements shall be substantially in the form prescribed or permitted (including pursuant to any exemption granted by applicable regulatory authorities) by applicable Canadian regulatory authorities for Canadian public reporting companies and, with respect to the annual financial statements only, including a report thereon by the Corporation’s certified independent accountants, plus, in each case, a Management’s Discussion and Analysis of the Corporation that describes its financial condition and results of operations on a consolidated basis; and (B) all current reports that would be required to be filed with the Commission on Form 6-K if the Corporation were required to file such reports. For the avoidance of doubt, none of the above reporting requirements shall be construed to require such financial statements or reports that would not otherwise be required to be filed by foreign private issuers subject to MJDS. Notwithstanding the foregoing, such statements, reports and information shall be deemed supplied to Holders and the U.S. Trustee pursuant to this Section 7.4 if such statements, reports and information have been posted on the Corporation’s public website.

Reports by Corporation. (1a) The Corporation shall supply to Holders and file with the U.S. Trustee, in each case at within 15 days after the Corporation’s own expenseCorporation is required to file the same with the Commission, copies of the annual reports and quarterly reports of the Corporation and of any information, documents and other reports (or reports that copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Corporation is may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act within 15 days after Act; or, if the same Corporation is filed not required to file information, documents or reports pursuant to either of such sections, then to file with the Commission or 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 applicable Trust Indenture Legislation at Section 13 of the times Exchange Act for a U.S. company subject to the reporting obligations thereof (whether or not the Corporation is so subject) within the time periods specified therein 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. (b) The Corporation shall file with the manner provided pursuant Trustee and the Commission, in accordance with the rules and regulations prescribed from time to such Trust Indenture Legislation. Notwithstanding time by the foregoingCommission, such reportsadditional information, information or documents shall be deemed supplied and reports with respect to Holders and the U.S. Trustee pursuant to this Section 7.4(1) if such reports, information or documents have been filed compliance by the Corporation with the Commission. conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations. (c) The U.S. Trustee Corporation shall have no responsibility transmit by mail to determine if all Holders of Senior Notes, as the names and when addresses of such Holders appear upon the Senior Note Register, within 30 days after the filing thereof with the Trustee, such summaries of any such reportsinformation, information or documents have been and reports required to be filed by the Corporation with pursuant to Sections 4.3(a) and 4.3(b) as may be required by rules and regulations prescribed from time to time by the Commission. . (d) The Corporation shall furnish to the Trustee within 120 days of the end of each fiscal year, the compliance certificate required by Section 314(a)(4) of the Trust Indenture Act. (e) Delivery of these such reports, information and documents to the U.S. Trustee is for informational purposes only and the U.S. Trustee’s 's receipt of any such report will shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation’s 's compliance with any of its covenants hereunder, hereunder (as to which the U.S. Trustee is entitled to rely exclusively on Officer’s Officers' Certificates). (2) Notwithstanding that the Corporation may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, or otherwise report on an annual and quarterly basis on forms provided for such annual and quarterly reporting pursuant to rules and regulations promulgated by the Commission, the Corporation shall supply to Holders and the U.S. Trustee: (A) all annual and quarterly financial statements that the Corporation would have filed with the Commission on Form 40-F and Form 6-K pursuant to Section 13 or Section 15(d) of the Exchange Act as if the Corporation was required, as an MJDS-eligible issuer, to file with the Commission such financial statements; provided, however, that such financial statements shall be substantially in the form prescribed or permitted (including pursuant to any exemption granted by applicable regulatory authorities) by applicable Canadian regulatory authorities for Canadian public reporting companies and, with respect to the annual financial statements only, including a report thereon by the Corporation’s certified independent accountants, plus, in each case, a Management’s Discussion and Analysis of the Corporation that describes its financial condition and results of operations on a consolidated basis; and (B) all current reports that would be required to be filed with the Commission on Form 6-K if the Corporation were required to file such reports. For the avoidance of doubt, none of the above reporting requirements shall be construed to require such financial statements or reports that would not otherwise be required to be filed by foreign private issuers subject to MJDS. Notwithstanding the foregoing, such statements, reports and information shall be deemed supplied to Holders and the U.S. Trustee pursuant to this Section 7.4 if such statements, reports and information have been posted on the Corporation’s public website.