Common use of Reports by Issuer and Guarantors Clause in Contracts

Reports by Issuer and Guarantors. The Issuer and each Guarantor, pursuant to Section 314(a) of the Trust Indenture Act, shall each: (1) file with the Trustee, within 15 days after the Issuer or each Guarantor, as the case may be, is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Issuer or such Guarantor, as the case may be, may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Issuer or the Guarantor, as the case may be, is not required to file information, documents or reports pursuant to either of said Sections, then it shall file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Exchange Act, in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations; (2) file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such additional information, documents and reports with respect to compliance by the Issuer or such Guarantor, as the case may be, with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and (3) transmit within 30 days after the filing thereof with the Trustee, 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 Issuer or such Guarantor, as the case may be, pursuant to paragraphs (1) and (2) of this Section 5.05 as may be required by rules and regulations prescribed from time to time by the Commission.

Reports by Issuer and Guarantors. The Issuer and each Guarantor, pursuant to Section 314(a) of the Trust Indenture Act, shall eachGuarantors shall: (1) file with the Trustee, within 15 days after the Issuer or each any Guarantor, as the case may be, is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Issuer or such Guarantor, as the case may be, may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Issuer or the Guarantor, as the case may be, any Guarantor is not required to file information, documents or reports pursuant to either of said Sections, then it shall file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Exchange Act, Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations; (2) file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such additional information, documents and reports with respect to compliance by the Issuer or such any Guarantor, as the case may be, with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and (3) transmit within 30 days after the filing thereof with the Trustee, 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 Issuer or such Guarantor, as the case may be, any Guarantor pursuant to paragraphs (1) and (2) of this Section 5.05 as may be required by rules and regulations prescribed from time to time by 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 compliance with any of the covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates). In addition, in the event that the sale of any Securities has not been registered under the Securities Act, in reliance on Section 4(2) thereof and Rule 144A thereunder, the Issuer and the Guarantors agree that, in order to render such Securities eligible for resale pursuant to Rule 144A, while any of such Securities remain outstanding, each of the Issuer, the Guarantors and its respective subsidiaries will make available, upon request, to any Holder of such Securities or prospective purchasers of such Securities the information specified in Rule 144A(d)(4) with respect to the Issuer and the Guarantors and, to the extent then required by Rule 144A, the Issuer, the Guarantors and their respective subsidiaries, unless such information is furnished to the Commission pursuant to Section 13 or 15(d) of the Exchange Act.

Reports by Issuer and Guarantors. The Each of the Issuer and each Guarantor, pursuant to Section 314(a) of the Trust Indenture Act, shall eachGuarantors will: (1) file with the Trustee, within 15 days after the Issuer or each Guarantor, as the case may be, such Guarantor is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Issuer or such Guarantor, as the case may be, Guarantor may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Issuer or the Guarantor, as the case may be, such Guarantor is not required to file information, documents or reports pursuant to either of said Sections, then it shall will file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Exchange Act, 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; provided that no such supplementary and periodic information, documents and reports need to be filed by the Issuer if, pursuant to the rules and regulations of the Commission, it is exempt from such filing requirements by virtue of the existence of the Guarantees; (2) file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such additional information, documents documents, and reports with respect to compliance by the Issuer or such Guarantor, as the case may beor both, with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and (3) transmit by mail to all Holders, as provided in Section 313(c) of the Trust Indenture Act, within 30 days after the filing thereof with the Trustee, 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 Issuer or such Guarantor, as the case may be, pursuant to paragraphs (1) and (2) of this Section 5.05 as may be required by rules and regulations prescribed from time to time by the Commission. Delivery of the above reports to the Trustee is for informational purposes only and the Trustee’s receipt of such reports shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuer’s or either Guarantor’s compliance with any of its covenants in this Indenture (as to which the Trustee is entitled to rely exclusively on an Officers’ Certificate) or any other agreement or document.

Reports by Issuer and Guarantors. The Each of the Issuer and each Guarantor, pursuant to Section 314(a) of the Trust Indenture Act, shall eachGuarantors shall: (1) file with the Trustee, within 15 days after the Issuer or each Guarantor, as the case may be, such Guarantor is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Issuer or such Guarantor, as the case may be, Guarantor may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if none of the Issuer or the Guarantor, as the case may be, is not Guarantors are required to file information, documents or reports pursuant to either of said Sections, then it shall file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Securities Exchange ActAct of 1934, as amended, in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations; (2) file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such additional information, documents and reports with respect to compliance by the Issuer or such Guarantor, as and each of the case may be, Guarantors with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and (3) transmit by mail to all Holders, as their names and addresses appear in the Security Register, within 30 days after the filing thereof with the Trustee, 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 Issuer or such Guarantor, as the case may be, either Guarantor pursuant to paragraphs (1) and (2) of this Section 5.05 as may be required by rules and regulations prescribed from time to time by 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

Reports by Issuer and Guarantors. The (a) NNC or the Issuer and each Guarantor, pursuant to Section 314(a) of the Trust Indenture Act, shall eachwill: (1i) file with the Trustee, within 15 days after the Issuer or each Guarantor, as the case may be, NNC is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Issuer or such Guarantor, as the case may be, NNC may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Issuer or the Guarantor, as the case may be, NNC is not required to file information, documents or reports pursuant to either of said these Sections, then it shall NNC will file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports which that may be required pursuant to Section 13 of the Exchange Act, 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; (2ii) file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such additional information, documents and reports with respect to compliance by the Issuer or such Guarantor, as the case may be, thereby with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and (3iii) transmit within 30 days after notify the filing thereof Trustee when Debt Securities of any series are listed on any stock exchange. (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 Issuer’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). (c) The Issuer and the Guarantors shall also comply with the Trustee, in the manner and to the extent provided in provisions of Section 313(c314(a) of the Trust Indenture Act, such summaries of any information, documents and reports required to be filed by the Issuer or such Guarantor, as the case may be, pursuant to paragraphs (1) and (2) of this Section 5.05 as may be required by rules and regulations prescribed from time to time by the Commission.