Common use of Reports by Guarantor Clause in Contracts

Reports by Guarantor. (a) The Guarantor covenants and agrees to file with the Trustee, within 15 days after the Guarantor is required to file the same with the Securities and Exchange Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said Commission may from time to time by rules and regulations prescribe) which the Guarantor may be required to file with said Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Guarantor is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee and said Commission, in accordance with rules and regulations prescribed from time to time by said Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations. (b) The Guarantor covenants and agrees to file with the Trustee and the Securities and Exchange Commission, in accordance with the rules and regulations prescribed from time to time by said Commission, such additional information, documents and reports with respect to compliance by the Guarantor with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations. (c) The Guarantor covenants and agrees to transmit by mail to all holders of Securities, as the names and addresses of such holders appear upon the Security register, within 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Guarantor 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 Securities and Exchange Commission. (d) 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 Guarantor compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Certificates and Officers' Certificates).

Reports by Guarantor. (a) The Guarantor covenants and agrees to will: (1) file with the Trustee, within 15 days after the Guarantor is required to file the same with the Securities and Exchange Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said the Commission may from time to time by rules and regulations prescribe) which the Guarantor may be required to file with said the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Guarantor is not required to file information, documents or reports pursuant to either of such sectionsSections, then to it will file with the Trustee and said the Commission, in accordance with rules and regulations prescribed from time to time by said the Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations.regulations (it being understood, in the case of each of the foregoing, that any information, documents and other reports filed or furnished on the Electronic Data Gathering, Analysis and Retrieval system (“EXXXX”) or such other system of the Commission or the website of the Guarantor will be deemed to be furnished to the Trustee once such information, documents and other reports are so filed on EXXXX or the Commission’s website or the website of the Guarantor); (b2) The Guarantor covenants and agrees to file with the Trustee and the Securities and Exchange Commission, in accordance with the rules and regulations prescribed from time to time by said the Commission, such additional information, documents and reports with respect to compliance by the Guarantor Obligors with the conditions and covenants provided for in of this Indenture as may be required from time to time by such rules and regulations.; and (c3) The Guarantor covenants and agrees to transmit by mail to all holders the Holders of Securities, as the names and addresses of such holders appear upon the Security register, within 30 days after the filing thereof with the Trustee, in the manner and to the extent provided in TIA Section 313(c), such summaries of any information, documents and reports required to be filed by the Guarantor pursuant to subsections paragraphs (a1) and (b2) of this Section 4.03 as may be required by rules and regulations prescribed from time to time by the Securities and Exchange Commission. (d) . Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's ’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Guarantor Obligors’ compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Certificates and Officers' ’ Certificates).

Reports by Guarantor. (a) The Guarantor covenants and agrees to file with the Trustee, within 15 days after the Guarantor is required to file the same with the Securities and Exchange Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said Commission may from time to time by rules and regulations prescribe) which the Guarantor may be required to file with said Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Guarantor is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee and said Commission, in accordance with rules and regulations prescribed from time to time by said Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations. (b) The Guarantor covenants and agrees to shall file with the Trustee and the Securities and Exchange Commission (the “Commission”), in accordance with the rules and regulations prescribed from time transmit to time by said CommissionHolders, such additional information, documents and reports with respect to compliance by the Guarantor with the conditions other reports, and covenants provided for in this Indenture such summaries thereof, as may be required from time pursuant to time by such rules and regulations. (c) The Guarantor covenants and agrees to transmit by mail to all holders the Trust Indenture Act of Securities1939, as amended (the names “TIA”) at the times and addresses of in the manner provided pursuant to the TIA; provided that any such holders appear upon the Security register, within 30 days after the filing thereof with the Trustee, such summaries of any information, documents and or reports required to be filed by with the Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), shall be filed with the Trustee within 15 days after the same is so filed with the Commission; provided that all such documents or reports referred to in this Section 11 that the Guarantor pursuant files with the Commission via the Commission’s XXXXX system shall be deemed to subsections be filed with the Trustee and transmitted to Holders at the time such documents are filed via the XXXXX system (a) and or any successor system). (b) If the Guarantor is not subject to the requirements of this Section 4.03 13 or 15(d) of the Exchange Act, the Guarantor shall furnish to all Holders of the Securities, for so long as may be required by rules such Securities constitute “restricted securities” under Rule 144 of the Securities Act of 1933, as amended (the “Securities Act”), and regulations prescribed from time to time prospective purchasers of such Securities designated by the Holders thereof, promptly upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) promulgated under the Securities and Exchange Commission. (d) 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 Guarantor Company’s compliance with any of its their covenants hereunder (as to which the Trustee is entitled to conclusively rely exclusively on Certificates an Officers’ Certificate). The Trustee shall have no obligation to determine if and Officers' Certificates)when the Issuer’s statements or reports are publicly available and accessible electronically.

Reports by Guarantor. (a) The Guarantor covenants and agrees to will: (1) file with the Trustee, within 15 days after the Guarantor is required to file the same with the Securities and Exchange Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said the Commission may from time to time by rules and regulations prescribe) which the Guarantor may be required to file with said the Commission pursuant to Section Sections 13 or Section 15(d) of the Exchange Act; or, if the Guarantor is not required to file information, documents or reports pursuant to either of such sectionsSections, then to it will file with the Trustee and said CommissionTrustee, in accordance with rules and regulations prescribed from time to time by said the Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations.regulations (it being understood, in the case of each of the foregoing, that any information, documents and other reports filed or furnished on the Electronic Data Gathering, Analysis and Retrieval system (“EXXXX”) or such other system of the Commission or the website of the Guarantor will be deemed to be furnished to the Trustee once such information, documents and other reports are so filed on EXXXX or the Commission’s website or the website of the Guarantor); (b2) The Guarantor covenants and agrees to file with the Trustee and the Securities and Exchange Commission, in accordance with the rules and regulations prescribed from time to time by said the Commission, such additional information, documents and reports with respect to compliance by the Guarantor Obligors with the conditions and covenants provided for in of this Indenture as may be required from time to time by such rules and regulations.; and (c3) The Guarantor covenants and agrees provide to transmit by mail to all holders the Holders of Securities, as the names and addresses of such holders appear upon the Security register, within 30 days after the filing thereof with the Trustee, in the manner and to the extent provided in TIA Section 313(c), such summaries of any information, documents and reports required to be filed by the Guarantor pursuant to subsections paragraphs (a1) and (b2) of this Section 4.03 as may be required by rules and regulations prescribed from time to time by the Securities and Exchange Commission. (d) . Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's ’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Guarantor Obligors’ compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Certificates and Officers' ’ Certificates).

Reports by Guarantor. (a) The Guarantor covenants and agrees to file with the Trustee, within 15 days after the Guarantor is required to file the same with the Securities and Exchange Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said the Commission may from time to time by rules and regulations prescribe) which the Guarantor may be required to file with said the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Guarantor is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee and said the Commission, in accordance with rules and regulations prescribed from time to time by said the Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations. (b) The Guarantor covenants and agrees to file with the Trustee and the Securities and Exchange Commission, in accordance with the rules and regulations prescribed from time to time by said the Commission, such additional information, documents and reports with respect to compliance by the Guarantor with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations. (c) The Guarantor covenants and agrees to transmit by mail to all holders of Securities, as the names and addresses of such holders appear upon the Security registerRegister, within 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Guarantor 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 Securities and Exchange Commission. (d) The Guarantor covenants and agrees to 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 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 Guarantor Guarantor's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Certificates and Officers' Certificates).

Reports by Guarantor. (a) The Guarantor covenants and agrees to shall (1) file with the Trustee, within 15 days after the Guarantor is required to file the same with the Securities and Exchange Commission, copies of the annual reports and of the information, documents documents, and other reports (or copies of such portions of any of the foregoing as said the Commission may from time to time by rules and regulations prescribe) which the Guarantor may be required to file with said the Commission pursuant to Section 13 or Section 15(d) of the Exchange ActAct (it being understood that any information, documents and other reports filed or furnished on the Electronic Data Gathering, Analysis and Retrieval system (“EDXXX”) or such other system of the Commission or the website of the Guarantor will be deemed to be furnished to such Holders of Securities once such information, documents and other reports are so filed on EDXXX xr the Commission's website or the website of the Guarantor); or, if the Guarantor is not required to file information, documents or reports pursuant to either of such sectionsSections, then to it will file with the Trustee and said the Commission, in accordance with rules and regulations prescribed from time to time by said the Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations.; and (b2) The Guarantor covenants and agrees to file with the Trustee and the Securities and Exchange Commission, in accordance with the rules and regulations prescribed from time to time by said the Commission, such additional information, documents and reports with respect to compliance by the Issuer and the Guarantor with the conditions and covenants provided for in of this Indenture as may be required from time to time by such rules and regulations. regulations (c) The it being understood that if the Guarantor covenants and agrees is not required to transmit by mail to all holders of Securities, as the names and addresses of such holders appear upon the Security register, within 30 days after the filing thereof file with the TrusteeCommission pursuant to Section 13 or 15(d) of the Exchange Act, such summaries of any information, documents and reports the Guarantor shall not be required to be filed by file such reports with the Guarantor 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 Securities and Exchange Commission. (d) Delivery of such reports, information and documents to the Trustee is for informational purposes only and Commission or the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Guarantor compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Certificates and Officers' Certificates).

Reports by Guarantor. (a) The Guarantor covenants and agrees to file with the Trustee, within 15 days after the Guarantor is required to file the same with the Securities and Exchange Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said Commission may from time to time by rules and regulations prescribe) which the Guarantor may be required to file with said Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Guarantor is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee and said Commission, in accordance with rules and regulations prescribed from time to time by said Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations. (b) The Guarantor covenants and agrees to file with the Trustee and the Securities and Exchange Commission, in accordance with the rules and regulations prescribed from time to time by said Commission, such additional information, documents and reports with respect to compliance by the Guarantor with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations. (c) The Guarantor covenants and agrees to transmit by mail to all holders of Securities, as the names and addresses of such holders appear upon the Security register, within 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Guarantor 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 Securities and Exchange Commission. (d) 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 Guarantor Guarantor's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Certificates and Officers' Certificates).

Reports by Guarantor. The Guarantor shall: (a) The Guarantor covenants and agrees to file with the Trustee, within 15 days after the Guarantor is required to file the same with the Securities and Exchange CommissionSEC, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said Commission the SEC may from time to time by rules and regulations prescribe) which the Guarantor may be required to file with said Commission the SEC pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Guarantor is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee and said Commission, in accordance with rules and regulations prescribed from time to time by said Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations.; (b) The Guarantor covenants and agrees to file with the Trustee and the Securities and Exchange CommissionSEC, in accordance with the rules and regulations prescribed from time to time by said Commissionthe SEC, such additional information, documents and reports with respect to compliance by the Company and the Guarantor with the conditions and covenants provided for in of this Indenture as may be required from time to time by such rules and regulations.; (c) The notwithstanding that the Guarantor covenants may not be required to remain subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, or otherwise report on an annual and agrees quarterly basis on forms provided for such annual and quarterly reporting pursuant to rules and regulations promulgated by the SEC, the Guarantor shall file with the SEC and provide the Trustee and Holders, (1) within 140 days after the end of each fiscal year, annual reports on Form 20-F or 40-F as applicable (or any successor form), containing the information required to be contained therein (or required in such successor form) or that would be so required if the Guarantor were required to file such Forms; and (2) within 60 days after the end of each of the first three fiscal quarters of each fiscal year, reports on Form 6-K (or any successor form), containing (x) the information required to be contained therein (or required in such successor form) or that would be so required if the Guarantor were required to file such Forms and (y) in addition, regardless of applicable requirements, at a minimum, such information required to be provided in quarterly reports under the laws of Canada or any province thereof to security holders of a corporation with securities listed on the Toronto Stock Exchange, whether or not the Guarantor has any of its securities so listed. Each of such reports will be prepared in accordance with Canadian or United States disclosure requirements and the accounting principles as used in the preparation of the Guarantor’s financial statements, provided, however, that the Guarantor shall not be so obligated to file such reports with the SEC if the SEC does not permit such filings; and (d) transmit by mail to all holders of SecuritiesHolders, as in the names manner and addresses of such holders appear upon to the Security registerextent provided in TIA Section 313(c), within 30 15 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Guarantor Company pursuant to subsections paragraphs (a) and (b) of this Section 4.03 as may be required by rules and regulations prescribed from time to time by the Securities and Exchange Commission. (d) SEC. Delivery of such reports, information and documents to the Trustee is for informational purposes 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 Guarantor Guarantor’s or the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Certificates and Officers' Officer’s Certificates).

Reports by Guarantor. The Guarantor, pursuant to Section 314(a) of the Trust Indenture Act, shall: (a1) The Guarantor covenants and agrees to file with the Trustee, within 15 days after the Guarantor is required to file the same with the Securities and Exchange Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said the Commission may from time to time by rules and regulations prescribe) which that the Guarantor Company may be required to file with said the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Guarantor is not required to file information, documents or reports pursuant to either of such sectionssaid Sections, then to it shall file with the Trustee and said the Commission, in accordance with rules and regulations prescribed from time to time by said the Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Securities Exchange Act of 1934, as amended, in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations.; (b2) The Guarantor covenants and agrees to file with the Trustee and the Securities and Exchange Commission, in accordance with the rules and regulations prescribed from time to time by said the Commission, such additional information, documents and reports with respect to compliance by the Guarantor with the conditions and covenants provided for in of this Indenture as may be required from time to time by such rules and regulations.; (c3) The Guarantor covenants and agrees to transmit by mail to all holders of Securities, as the names and addresses of such holders appear upon the Security registertransmit, within 30 days after the filing thereof with the Trustee, to the Holders of Junior Subordinated Notes, in the manner and to the extent provided in Section 313(c) of the Trust Indenture Act, such summaries of any information, documents and reports required to be filed by the Guarantor pursuant to subsections paragraphs (a1) and (b2) of this Section 4.03 704 as may be required by rules and regulations prescribed from time to time by the Securities and Exchange Commission.; and (d4) Delivery of such reports, information and documents to notify the Trustee is for informational purposes only when and as the Trustee's receipt of such shall not constitute constructive notice Junior Subordinated Notes of any information contained therein or determinable from information contained therein, including the Guarantor compliance with series become admitted to trading on any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Certificates and Officers' Certificates)national securities exchange.