Common use of Reports by the Company Clause in Contracts

Reports by the Company. The Company covenants: (a) to file with the Trustee within thirty (30) days after the Company files the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to 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; (b) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section 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 the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Reports by the Company. The Company covenants: (a) The Company covenants and agrees to file with the Trustee Trustee, within thirty fifteen (3015) days after the Company files 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 that the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to 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 supplementary and periodic information, documents and reports which that 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 Company covenants and agrees to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and. (c) The Company covenants and agrees to transmit by mail mail, first class postage prepaid, or reputable overnight delivery service that provides for evidence of receipt, to all the Holders of Securities of each seriesDebentureholders, as the their names and addresses of such Holders appear on upon the Security Debenture Register, within thirty (30) days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section 6.3 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 the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Reports by the Company. The Company covenants: (a) The Company covenants and agrees to file with the Trustee Trustee, within thirty (30) 15 days after the Company files 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 that the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to 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 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;. (b) The Company covenants and agrees to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and. (c) The Company covenants and agrees to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) days after the filing thereof with the TrusteeSecurityholders, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section as may be required by the Trust Indenture Act and the rules and regulations prescribed from time to time by the 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 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 (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Reports by the Company. The Company covenantsshall: (a) to file with the Trustee Trustee, within thirty (30) 30 days after the Company files is required to file the same with the 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 the Commission SEC may from time to time by rules and regulations prescribe) which the Company may be is required to file with the Commission SEC pursuant to Section section 13 or Section section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee and the CommissionSEC, in accordance with rules and regulations prescribed from time to time by the CommissionSEC, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 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; (b) to file with the Trustee and the CommissionSEC, in accordance with the rules and regulations prescribed from time to time by the CommissionSEC, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants of the Company provided for in this Indenture Agreement, as may be required from time to time by such rules and regulations; and, including, in the case of annual reports, if required by such rules and regulations, certificates or opinions of independent public accountants, conforming to the requirements of Section 1.02; (c) to transmit by mail to all Certificateholders, in the Holders manner and to the extent provided in Section 313(c) of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) days after the filing thereof with the Trustee, Trust Indenture Act such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section 8.04 as may be required by rules and regulations prescribed from time to time by the Commission. Delivery of such reports, information and documents SEC; and (d) furnish to the Trustee is for informational purposes only and Trustee, not less often than annually, a brief certificate from the Trustee’s receipt principal executive officer, principal financial officer or principal accounting officer as to his knowledge 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 all conditions and covenants under this Agreement (it being understood that for purposes of this paragraph (d), such compliance shall be determined without regard to any period of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificatesgrace or requirement of notice provided under this Agreement).

Reports by the Company. The Company covenantsshall: (a) to file with the Trustee Trustee, within thirty (30) 30 days after the Company files is required to file the same with the 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 the Commission SEC may from time to time by rules and regulations prescribe) which the Company may be is required to file with the Commission SEC pursuant to Section section 13 or Section section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee and the CommissionSEC, in accordance with rules and regulations prescribed from time to time by the CommissionSEC, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 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; (b) to file with the Trustee and the CommissionSEC, in accordance with the rules and regulations prescribed from time to time by the CommissionSEC, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants of the Company provided for in this Indenture Agreement, as may be required from time to time by such rules and regulations; and, including, in the case of annual reports, if required by such rules and regulations, certificates or opinions of independent public accountants; (c) to transmit by mail to all Certificateholders, in the Holders manner and to the extent provided in Section 313(c) of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) days after the filing thereof with the Trustee, Trust Indenture Act such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section 8.04 as may be required by rules and regulations prescribed from time to time by the Commission. Delivery of such reports, information and documents SEC; and (d) furnish to the Trustee is for informational purposes only and Trustee, not less often than annually, a brief certificate from the Trustee’s receipt principal executive officer, principal financial officer or principal accounting officer as to his or her knowledge 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 all conditions and covenants under this Agreement (it being understood that for purposes of this paragraph (d), such compliance shall be determined without regard to any period of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificatesgrace or requirement of notice provided under this Agreement).

Reports by the Company. The Company covenants: (a) to file with the Trustee Trustee, within thirty (30) 30 days after the Company files is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section section 13 or Section section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to 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 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; (b) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture Indenture, as may be required from time to time by such rules and regulations; and (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) 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 Company with respect to each such series pursuant to subsections (a) and (b) of this Section 9.6, as may be required by rules and regulations prescribed from time to time by the Commission. Delivery Subject to the provisions of the Trust Indenture Act and except as otherwise expressly provided in this Indenture, delivery of such reports, information and documents to the Trustee is for informational purposes only only, and the Trustee’s receipt of such reports, information and documents shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)hereunder.

Reports by the Company. (1) The Company covenants: (a) to will file with the Trustee Trustees, within thirty (30) 20 days after the Company files the same filing with or furnishing to the Commission, copies of the its annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be is required to file or furnish with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; Act or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee Trustees 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;; provided that any such reports, information or documents filed with the Commission pursuant to its Electronic Data Gathering, Analysis and Retrieval (XXXXX) system shall be deemed filed with the Trustees. (b2) The Company will transmit to file with the Trustee and the Commissionall Holders, in accordance with the rules manner and regulations prescribed from time to time by the Commission, such additional information, documents, and reports with respect to compliance by the Company with the conditions and covenants extent provided for in this Indenture as may be required from time to time by such rules and regulations; and (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security RegisterTIA Section 313(c), within thirty (30) 30 days after the filing thereof with the TrusteeTrustees, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections paragraph (a) and (b1) of this Section 7.05 as may be required by rules and regulations prescribed from time to time by the Commission. Delivery . (3) If at any time the Securities are guaranteed by a direct or indirect parent 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 , and such parent has furnished the reports required by this Section 7.05 with respect to parent as required by this Section 7.05 as if parent were the Company (including any financial information required hereby), the Company shall be deemed to be in compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)this Section 7.05.

Reports by the Company. The Company covenants, at any time at which there are Outstanding Securities of any series issued under this Indenture: (a) to file with the Trustee Trustee, within thirty (30) 30 days after the Company files is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section section 13 or Section section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to 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 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; (b) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture Indenture, as may be required from time to time by such rules and regulations; and (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) 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 Company with respect to each such series pursuant to subsections (a) and (b) of this Section 9.5, 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 the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Reports by the Company. The Company covenants: (a) The Company covenants and agrees to file with the Trustee Trustee, within thirty (30) 15 days after the Company files 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 that the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to 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 supplementary and periodic information, documents and reports which that 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 Company covenants and agrees to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and. (c) The Company covenants and agrees to transmit by mail mail, first class postage prepaid, or reputable overnight delivery service that provides for evidence of receipt, to all the Holders of Securities of each seriesDebentureholders, as the their names and addresses of such Holders appear on upon the Security Debenture Register, within thirty (30) 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section 6.3 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 '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 Officers’ Officer's Certificates.).

Reports by the Company. The Company covenants: (a) The Company covenants and agrees to file with the Trustee Trustee, within thirty (30) 15 days after the Company files 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 that the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to 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 supplementary and periodic information, documents and reports which that may be required pursuant to Section 13 any applicable rules and regulations 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;Commission. (b) The Company covenants and agrees to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and. (c) The Company covenants and agrees to transmit by mail mail, first class postage prepaid, or reputable overnight delivery service that provides for evidence of receipt, to all the Holders of Securities of each seriesSecurityholders, as the their names and addresses of such Holders appear on upon the Security Securities Register, within thirty (30) 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section 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 the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Reports by the Company. The Company covenants, at any time at which there are Outstanding Securities of any series issued under this Indenture: (a) to file with the Trustee Trustee, within thirty (30) 30 days after the Company files is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section section 13 or Section section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to 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 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; (b) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture Indenture, as may be required from time to time by such rules and regulations; and (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) 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 Company with respect to each such series pursuant to subsections (a) and (b) of this Section 9.6, 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 the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Reports by the Company. The Company covenantsshall: (a) to file with the Trustee Trustee, within thirty (30) 30 days after the Company files is required to file the same with the 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 the Commission SEC may from time to time by rules and regulations prescribe) which the Company may be is required to file with the Commission SEC pursuant to Section section 13 or Section section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee and the CommissionSEC, in accordance with rules and regulations prescribed from time to time by the CommissionSEC, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 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; provided, that the Company may fulfill the requirements of this Section 8.04(a) by providing the material described herein in an electronic format by electronic mail or accessible over the internet; (b) to file with the Trustee and the CommissionSEC, in accordance with the rules and regulations prescribed from time to time by the CommissionSEC, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants of the Company provided for in this Indenture Agreement, as may be required from time to time by such rules and regulations; and; (c) to transmit by mail to all Certificateholders, in the Holders manner and to the extent provided in Section 313(c) of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) days after the filing thereof with the TrusteeTrust Indenture Act, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section 8.04 as may be required by rules and regulations prescribed from time to time by the Commission. Delivery of such reports, information and documents SEC; and (d) furnish to the Trustee is for informational purposes only and Trustee, not less often than annually, a brief certificate from the Trustee’s receipt principal executive officer, principal financial officer or principal accounting officer as to his or her knowledge of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with all conditions and covenants of the Company under this Agreement (it being understood that for purposes of this paragraph (d), such compliance shall be determined without regard to any grace period or requirement of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificatesnotice provided under this Agreement).

Reports by the Company. (1) The Company covenants: (a) to will file with the Trustee Trustees, within thirty (30) 20 days after the Company files the same filing with or furnishing to the Commission, copies of the its annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be is required to file or furnish with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; Act or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee Trustees 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;; provided that any such reports, information or documents filed with the Commission pursuant to its Electronic Data Gathering, Analysis and Retrieval (XXXXX) system shall be deemed filed with the Trustees. (b2) The Company will transmit to file with the Trustee and the Commissionall Holders, in accordance with the rules manner and regulations prescribed from time to time by the Commission, such additional information, documents, and reports with respect to compliance by the Company with the conditions and covenants extent provided for in this Indenture as may be required from time to time by such rules and regulations; and (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security RegisterTIA Section 313(c), within thirty (30) 30 days after the filing thereof with the TrusteeTrustees, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections paragraph (a) and (b1) of this Section 7.05 as may be required by rules and regulations prescribed from time to time by the Commission. (3) If at any time the Securities are guaranteed by a direct or indirect parent of the Company, and such parent has furnished the reports required by this Section 7.05 with respect to parent as required by this Section 7.05 as if parent were the Company (including any financial information required hereby), the Company shall be deemed to be in compliance with this Section 7.05. SECTION 8.01 Company May Consolidate, etc., only on Certain Terms. Delivery The Company shall not amalgamate or consolidate with or merge into or enter into any statutory arrangement with any other Person, or, directly or indirectly, convey, transfer or lease all or substantially all of its properties and assets to any Person, unless: (1) the Person formed by or continuing from such reportsamalgamation or consolidation or into which the Company is merged or with which it enters into such statutory arrangement or the Person which acquires by operation of law or by conveyance or transfer, information or which leases, all or substantially all of the properties and documents assets of the Company shall be a corporation, partnership or trust organized and validly existing under the laws of Canada or any province or territory thereof, the United States of America or any state thereof or the District of Columbia or, if such amalgamation, consolidation, merger, statutory arrangement or other transaction would not impair the rights of Holders, any other country, and, unless the Company is the continuing corporation, shall expressly assume, by an indenture supplemental hereto, executed and delivered to the Trustee is Trustees, in form satisfactory to the Trustees, the Company's obligation for informational purposes only the due and punctual payment of the principal of, premium (if any) and interest (if any) on all the Securities and the Trustee’s receipt performance and observance of every covenant of this Indenture on the part of the Company to be performed or observed; (2) immediately after giving effect to such transaction, no Default or Event of Default shall not constitute constructive notice have happened and be continuing; and (3) the Company or such Person shall have delivered to the Trustees an Officer's Certificate and an Opinion of any information contained therein Counsel, each stating that such amalgamation, consolidation, merger, statutory arrangement or determinable from information contained thereinother transaction and such supplemental indenture comply with this Article Eight and that all conditions precedent herein provided for relating to such transaction have been complied with. Notwithstanding the above, including the Company’s compliance Company may consolidate with, amalgamate with, undergo an arrangement with, merge with any or into an Affiliate of its covenants hereunder (as the Company solely for the purpose of reincorporating the Company in a state of the United States or the District of Columbia or in another province or territory of Canada. This Section 8.01 shall only apply to a merger, consolidation or amalgamation in which the Trustee Company is entitled not the surviving Person and to rely exclusively on Officers’ Certificates)conveyances, leases and transfers by the Company as transferor or lessor.

Reports by the Company. The Company covenants: (a) to file with the Trustee Trustee, within thirty (30) 30 days after the Company files is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Company is not required to file information, documents or reports pursuant to either of such sectionsSections, then to file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Securities Exchange Act of 1934, as amended, in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations; (b) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture Indenture, as may be required from time to time by such rules and regulations; and (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security RegisterSecurities, within thirty (30) 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 Company with respect to each such series pursuant to subsections (a) and (b) of this Section 9.6, as may be required by the 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 the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Reports by the Company. The Company covenantsshall: (a) to file with the Trustee Trustee, within thirty (30) 30 days after the Company files is required to file the same with the 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 the Commission SEC may from time to time by rules and regulations prescribe) which the Company may be is required to file with the Commission SEC pursuant to Section section 13 or Section section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee and the CommissionSEC, in accordance with rules and regulations prescribed from time to time by the CommissionSEC, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 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; (b) to file with the Trustee and the CommissionSEC, in accordance with the rules and regulations prescribed from time to time by the CommissionSEC, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants of the Company provided for in this Indenture Agreement, as may be required from time to time by such rules and regulations; and; (c) to transmit by mail to all Certificateholders, in the Holders manner and to the extent provided in Section 313(c) of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) days after the filing thereof with the TrusteeTrust Indenture Act, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section 8.04 as may be required by rules and regulations prescribed from time to time by the Commission. Delivery of such reports, information and documents SEC; and (d) furnish to the Trustee is for informational purposes only and Trustee, not less often than annually, a brief certificate from the Trustee’s receipt principal executive officer, principal financial officer or principal accounting officer as to his or her knowledge 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 all conditions and covenants of the Company under this Agreement (it being understood that for purposes of this paragraph (d), such compliance shall be determined without regard to any grace period or requirement of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificatesnotice provided under this Agreement).

Reports by the Company. The Company covenants: (a) The Company covenants and agrees to file with the Trustee Trustee, within thirty (30) 15 days after the Company files 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 that the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sectionsSections, then to 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 supplementary and periodic information, documents and reports which that 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 Company covenants and agrees to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and. (c) The Company covenants and agrees to transmit by mail mail, first class postage prepaid, or reputable over-night delivery service that provides for evidence of receipt, to all the Holders of Securities of each seriesDebentureholders, as the their names and addresses of such Holders appear on upon the Security Debenture Register, within thirty (30) 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section 6.3 and delivered to Debenture holders or the Company's stockholders as may be required by rules and regulations prescribed from time to time by the 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 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 Officers’ ' Certificates).

Reports by the Company. The Company covenants: (a) to file with the Trustee Trustee, within thirty (30) 30 days after the Company files is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Company is not required to file information, documents or reports pursuant to either of such sectionsSections, then to file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Securities Exchange Act of 1934, as amended, in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations; (b) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security RegisterSecurities, within thirty (30) 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 Company with respect to each such series pursuant to subsections (a) and (b) of this Section 9.05, 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 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including information concerning the Company’s 's compliance with any of its covenants hereunder (as to which hereunder, provided that the foregoing shall not relieve the Trustee is entitled to rely exclusively on Officers’ Certificates)of any of its responsibilities hereunder.

Reports by the Company. (1) The Company covenants: (a) to will file with the Trustee Trustees, within thirty (30) 20 days after the Company files the same filing with or furnishing to the Commission, copies of the its annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be is required to file or furnish with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; Act or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee Trustees and the Commission, in accordance with rules and regulations reulations 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;; provided that any such reports, information or documents filed with the Commission pursuant to its Electronic Data Gathering, Analysis and Retrieval (EXXXX) system shall be deemed filed with the Trustees. (b2) The Company will transmit to file with the Trustee and the Commissionall Holders, in accordance with the rules manner and regulations prescribed from time to time by the Commission, such additional information, documents, and reports with respect to compliance by the Company with the conditions and covenants extent provided for in this Indenture as may be required from time to time by such rules and regulations; and (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security RegisterTIA Section 313(c), within thirty (30) 30 days after the filing thereof with the TrusteeTrustees, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections paragraph (a) and (b1) of this Section 7.05 as may be required by rules and regulations prescribed from time to time by the Commission. Delivery . (3) If at any time the Securities are guaranteed by a direct or indirect parent 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 , and such parent has furnished the reports required by this Section 7.05 with respect to parent as required by this Section 7.05 as if parent were the Company (including any financial information required hereby), the Company shall be deemed to be in compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)this Section 7.05.

Reports by the Company. The Company covenants: (a) to file with the Trustee within thirty (30) days after the Company files the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to shall file with the Trustee and the CommissionSEC, in accordance with rules and regulations prescribed from time transmit to time by the CommissionHolders, such of the supplementary and periodic information, documents and reports which other reports, and such summaries thereof, as may be required pursuant to Section 13 of the Exchange Trust Indenture Act at the times and in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time the manner provided in the Trust Indenture Act; provided that, any such rules and regulations; (b) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) days after the filing thereof with the Trustee, such summaries of any information, documents and or reports required to be filed with the SEC pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 30 calendar days after the same is filed with the SEC; provided further that the filing of the reports specified in Section 13 or 15(d) of the Exchange Act by an entity that is the direct or indirect parent of the Company with respect to each such series pursuant to subsections (a) and (b) shall satisfy the requirements of this Section 10.02 so long as may such entity is an obligor or guarantor on the Securities; provided further that the reports of such entity shall not be required by rules and regulations prescribed from time to time by include condensed consolidating financial information for the CommissionCompany in a footnote to the financial statements of such entity. 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 Officers’ Officer’s Certificates). It is expressly understood that materials transmitted electronically by the Company to the Trustee or filed pursuant to the SEC’s XXXXX system (or any successor electronic filing system) shall be deemed filed with the Trustee and transmitted to Holders for purposes of this Section 10.02.

Reports by the Company. The Company covenantsshall: (a) to file with the Trustee Trustee, within thirty (30) 15 days after the Company files is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange ActAct of 1934; or, if the Company is not required to file information, documents or reports pursuant to either of such sectionssaid Sections, then to it 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 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) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in of this Indenture as may be required from time to time by such rules and regulations. Filing of such information, documents and reports with the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates); and (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security RegisterNotes, within thirty (30) 30 days after the filing thereof with the TrusteeTrustee in the manner and to the extent provided in Section 7.04(d), such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections paragraphs (a) and (b) of this Section 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 the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Reports by the Company. The Company covenants: (a) to To file with the Trustee Trustee, within thirty (30) 30 days after the Company actually files the same with the Commission, copies of the annual reports and of the information, documents document and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be is required to file with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange ActAct of 1934, as amended; orprovided, if however, that (i) the Company shall not be required to deliver to the Trustee any material for which the Company is seeking confidential treatment by the Commission; (ii) documents filed by the Company with the Commission via the XXXXX system shall be deemed to be filed with the Trustee as of the time such documents are filed via XXXXX; and (iii) documents that the Company does not required to file information, documents or reports pursuant to either of such sections, then to file with the Commission need not be provided to 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 this 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 regulations9.5; (b) to To file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture Indenture, as may be required from time to time by such rules and regulations; and (c) to To transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security RegisterSecurities, within thirty (30) 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 Company with respect to each such series pursuant to subsections (a) and (b) of this Section 9.5, as may be required by the 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 the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Reports by the Company. The Company covenantsshall: (a) to file with the Trustee Trustee, within thirty (30) 15 days after the Company files is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange ActAct of 1934; or, if the Company is not required to file information, documents or reports pursuant to either of such sectionssaid Sections, then to it 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 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) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in of this Indenture as may be required from time to time by such rules and regulations. Filing of such information, documents and reports with the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates); and (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security RegisterNotes, within thirty (30) 30 days after the filing thereof with the TrusteeTrustee in the manner and to the extent provided in Section 7.04(d), such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections paragraphs (a) and (b) of this Section as may be required by rules and regulations prescribed from time to time by the Commission. Delivery Note that, for purposes of such reportsthis Section 7.03, the Company's responsibility to file information and documents to with the Trustee which is for informational purposes only and also filed with the Trustee’s receipt Commission, shall be deemed to be satisfied by the posting of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance 's filings with any of its covenants hereunder the Commission on the Commission's website (as to which the Trustee is entitled to rely exclusively on Officers’ Certificatesxxx.xxx.xxx/xxxxx).

Reports by the Company. The Subject to the last paragraph of this Section 4.3, the Company covenants: (a) to file with the Trustee Trustee, within thirty (30) 15 days after the Company files Mosaic is required to file the same with the 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 the Commission may from time to time by rules and regulations prescribe) which the Company Mosaic may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange Act; orAct of 1934, or if the Company Mosaic is not required to file information, documents documents, or reports pursuant to either of such sectionsSections, then to 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 documents, and reports which may be required pursuant to Section 13 of the Securities Exchange Act of 1934, or 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) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and (c) to transmit by mail to all the Holders of the Existing Securities of each series, as in the names manner and addresses of such Holders appear on to the Security Registerextent required by Sections 6.6 and 11.4, within thirty (30) 30 days after the filing thereof with the Trustee, such summaries of any information, documents documents, and reports required to be filed by relating to Mosaic or the Company with respect to each such series pursuant to subsections subsection (a) and (b) of this Section as may be required to be transmitted to such Holders by rules and regulations prescribed from time to time by the Commission. Delivery After such time as Mosaic is released from its Note Guarantee pursuant to Section 13.5 of such reportsthis Indenture as a result of its being released as an Affiliate Guarantor of the High-Yield Notes pursuant to Section 10.05(v) of the High-Yield Indentures in connection with a change of control of the Company, information the information, documents and reports to be furnished and filed pursuant to this Section 4.3 shall be information, documents and reports with respect to the Trustee is for informational purposes only Company and the Trustee’s receipt of there shall be no requirement to furnish or file any such shall not constitute constructive notice of any information contained therein or determinable from information contained thereininformation, including the Company’s compliance documents and reports with any of its covenants hereunder (as respect to which the Trustee is entitled to rely exclusively on Officers’ Certificates)Mosaic.”

Reports by the Company. The Company covenantsshall: (a) to file with the Trustee Trustee, within thirty (30) 30 days after the Company files is required to file the same with the 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 the Commission SEC may from time to time by rules and regulations prescribe) which the Company may be is required to file with the Commission SEC pursuant to Section 13 or Section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee and the CommissionSEC, in accordance with rules and regulations prescribed from time to time by the CommissionSEC, 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; (b) to file with the Trustee and the CommissionSEC, in accordance with the rules and regulations prescribed from time to time by the CommissionSEC, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture Agreement, as may be required from time to time by such rules and regulations; and, including, in the case of annual reports, if required by such rules and regulations, certificates or opinions of independent public accountants, conforming to the requirements of Section 1.02; (c) to transmit by mail to all Certificateholders, in the Holders manner and to the extent provided in Section 313(c) of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) days after the filing thereof with the Trustee, Trust Indenture Act such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections Subsections (a) and (b) of this Section 8.04 as may be required by rules and regulations prescribed from time to time by the Commission. Delivery of such reports, information and documents SEC; and (d) furnish to the Trustee is for informational purposes only and Trustee, not less often than annually, a brief certificate from the Trustee’s receipt principal executive officer, principal financial officer, any Vice President (or more senior ranking officer) or the principal accounting officer as to his or her knowledge of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with all conditions and covenants under this Agreement (it being understood that for purposes of this paragraph (d), such compliance shall be determined without regard to any period of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificatesgrace or requirement of notice provided under this Agreement).

Reports by the Company. The Company covenants: (a) The Company covenants and agrees to file with the Trustee Trustee, within thirty (30) 15 days after the Company files 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 that the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to 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 supplementary and periodic information, documents and reports which that may be required pursuant to Section 13 any applicable rules and regulations 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;Commission. (b) The Company covenants and agrees to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and. (c) The Company covenants and agrees to transmit by mail mail, first-class postage prepaid, or reputable over-night delivery service that provides for evidence of receipt, to all the Holders of Securities of each seriesSecurityholders, as the their names and addresses of such Holders appear on upon the Security Securities Register, within thirty (30) 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section 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 the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Reports by the Company. The Company covenantsshall: (a) to file with the Trustee Trustee, within thirty (30) 30 days after the Company files the same with the 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 the Commission SEC may from time to time by rules and regulations prescribe) which the Company may be is required to file with the Commission SEC pursuant to Section 13 or Section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee and the CommissionSEC, in accordance with rules and regulations prescribed from time to time by the CommissionSEC, 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 regulationsapplicable Trust Supplement; (b) to file with the Trustee and the CommissionSEC, in accordance with the rules and regulations prescribed from time to time by the CommissionSEC, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants of the Company provided for in this Indenture Agreement, as may be required from time to time by such rules and regulations; and, including, in the case of annual reports, if required by such rules and regulations, certificates or opinions of independent public accountants, conforming to the requirements of Section 1.02; (c) to transmit by mail to all Certificateholders, in the Holders manner and to the extent provided in Section 313(c) of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) days after the filing thereof with the Trustee, Trust Indenture Act such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section 8.04 as may be required by rules and regulations prescribed from time to time by the Commission. Delivery of such reports, information and documents SEC; and (d) furnish to the Trustee is for informational purposes only and Trustee, not less often than annually, a brief certificate from the Trustee’s receipt principal executive officer, principal financial officer or principal accounting officer as to his knowledge of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with all conditions and covenants under this Agreement (it being understood that for purposes of this paragraph (d), such compliance shall be determined without regard to any period of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificatesgrace or requirement of notice provided under this Agreement).

Reports by the Company. The Company covenantsshall: (a) to file with the Trustee Trustee, within thirty (30) 30 days after the Company files is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange ActAct of 1934; or, if the Company 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 the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Securities Exchange Act of 1934 in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations; (b) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company 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 (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) 30 days after the filing thereof with the Trustee, in the manner and to the extent provided in Section 7.3(a) with respect to reports pursuant to Section 7.3(a), such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections paragraphs (a) and (b) of this Section 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 the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Reports by the Company. The Company covenantsshall: (a) to file with the Trustee Trustee, within thirty (30) 30 days after the Company files is required to file the same with the 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 the Commission SEC may from time to time by rules and regulations prescribe) which the Company may be is required to file with the Commission SEC pursuant to Section 13 or Section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee and the CommissionSEC, in accordance with rules and regulations prescribed from time to time by the CommissionSEC, 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; (b) during any period, prior to the consummation of the Exchange Offer and during which the Shelf Registration Statement is not in effect, in which the Company is not subject to Section 13(a), 13(c) or 15(d) under the Securities Exchange Act of 1934, make available to any Holder of the Certificates in connection with any sale thereof and any prospective purchaser of the Certificates from such Holder, in each case upon request, the information specified in, and meeting the requirements of, Rule 144A(d)(4) under the Securities Act but only for so long as any of the Certificates remain outstanding and are "restricted securities" within the meaning of Rule 144(a)(3) under the Securities Act and, in any event, only until the second anniversary of the Issuance Date; (c) file with the Trustee and the CommissionSEC, in accordance with the rules and regulations prescribed from time to time by the CommissionSEC, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture Agreement, as may be required from time to time by such rules and regulations; and, including, in the case of annual reports, if required by such rules and regulations, certificates or opinions of independent public accountants, conforming to the requirements of Section 1.02; (ce) furnish to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) days after the filing thereof with the Trustee, such summaries not less often than annually, a brief certificate from the principal executive officer, principal financial officer, any Vice President (or more senior ranking officer) or the principal accounting officer as to his or her knowledge of any information, documents the Company's compliance with all conditions and reports required to be filed by the Company with respect to each such series pursuant to subsections covenants under this Agreement (a) and (b) it being understood that for purposes of this Section as may paragraph (e), such compliance shall be required by rules and regulations prescribed from time determined without regard to time by the Commission. Delivery any period of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s receipt grace or requirement of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificatesprovided under this Agreement).

Reports by the Company. The Company covenants: (a) to file with the Trustee for the Securities of each Series, within thirty (30) 15 days after the Company files is required to file the same with the 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 the Commission Commissioner may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange Act; orAct of 1934, or if the Company is not required to file information, documents documents, or reports pursuant to either of such sectionsSections, then to 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 documents, and reports which may be required pursuant to Section 13 of the Securities Exchange Act of 1934, or 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) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and; (c) to transmit by mail to all the Holders of Registered Securities of each series, as in the names manner and addresses of such Holders appear on to the Security Registerextent required by Sections 4.4(c) and 11.4, within thirty (30) 30 days after the filing thereof with the Trustee, such summaries of any information, documents documents, and reports required to be filed by the Company with respect to each such series pursuant to subsections subsection (a) and (b) of this Section as may be required to be transmitted to such Holders by rules and regulations prescribed from time to time by the Commission; and (d) to furnish to the Trustee, for each Series of Securities, not less often than annually, a brief certificate signed by two of the following officers of the Company - the principal executive officer, principal financial officer or principal accounting officer - stating that in the course of the performance of their duties as officers of the Company, such officers would normally have knowledge of any covenant, agreement or condition contained in this Indenture and whether or not they have knowledge of any default with respect to such covenants, agreements or conditions and if so, specifying each such default and the nature thereof. 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. 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 Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ ' Certificates).

Reports by the Company. The Company covenants:shall: ---------------------- (a) to file with the Trustee Trustee, within thirty (30) 30 days after the Company files is required to file the same with the 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 the Commission SEC may from time to time by rules and regulations prescribe) which the Company may be is required to file with the Commission SEC pursuant to Section section 13 or Section section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee and the CommissionSEC, in accordance with rules and regulations prescribed from time to time by the CommissionSEC, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 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; (b) to file with the Trustee and the CommissionSEC, in accordance with the rules and regulations prescribed from time to time by the CommissionSEC, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants of the Company provided for in this Indenture Agreement, as may be required from time to time by such rules and regulations; and, including, in the case of annual reports, if required by such rules and regulations, certificates or opinions of independent public accountants; (c) to transmit by mail to all Certificateholders, in the Holders manner and to the extent provided in Section 313(c) of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) days after the filing thereof with the Trustee, Trust Indenture Act such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section 8.04 as may be required by rules and regulations prescribed from time to time by the Commission. Delivery of such reports, information and documents SEC; and (d) furnish to the Trustee is for informational purposes only and Trustee, not less often than annually, a brief certificate from the Trustee’s receipt principal executive officer, principal financial officer or principal accounting officer as to his or her knowledge 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 all conditions and covenants under this Agreement (it being understood that for purposes of this paragraph (d), such compliance shall be determined without regard to any period of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificatesgrace or requirement of notice provided under this Agreement).

Reports by the Company. The Company covenantsshall: (a) to file with the Trustee Trustee, within thirty (30) 30 days after the Company files is required to file the same with the 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 the Commission SEC may from time to time by rules and regulations prescribe) which the Company may be is required to file with the Commission SEC pursuant to Section 13 or Section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee and the CommissionSEC, in accordance with rules and regulations prescribed from time to time by the CommissionSEC, 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; (b) to file with the Trustee and the CommissionSEC, in accordance with the rules and regulations prescribed from time to time by the CommissionSEC, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants of the Company provided for in this Indenture Agreement, as may be required from time to time by such rules and regulations; and, including, in the case of annual reports, if required by such rules and regulations, certificates or opinions of independent public accountants, conforming to the requirements of Section 1.02; (c) to transmit by mail to all Certificateholders, in the Holders manner and to the extent provided in Section 313(c) of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) days after the filing thereof with the Trustee, Trust Indenture Act such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section 8.04 as may be required by rules and regulations prescribed from time to time by the Commission. Delivery of such reports, information and documents SEC; and (d) furnish to the Trustee is for informational purposes only and Trustee, not less often than annually, a brief certificate from the Trustee’s receipt principal executive officer, principal financial officer or principal accounting officer as to his knowledge of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with all conditions and covenants under this Agreement (it being understood that for purposes of this paragraph (d), such compliance shall be determined without regard to any period of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificatesgrace or requirement of notice provided under this Agreement).

Reports by the Company. The Company covenants: (a) to file with the Trustee Trustee, within thirty (30) 30 days after the Company files is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section 13 or Section section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Securities Exchange Act of 1934, as amended, in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations; (b) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture Indenture, as may be required from time to time by such rules and regulations; and (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security RegisterSecurities, within thirty (30) 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 Company with respect to each such series pursuant to subsections (a) and (b) of this Section 9.5, 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 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including information concerning the Company’s 's compliance with any of its covenants hereunder (as to which hereunder, provided that the foregoing shall not relieve the Trustee is entitled to rely exclusively on Officers’ Certificates)of any of its responsibilities hereunder.

Reports by the Company. The Company covenantsshall: (a) to file with the Trustee Trustee, within thirty (30) 15 days after the Company files is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Company is not required to file information, documents or reports pursuant to either of such sectionssaid Sections, then to it 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 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; (b) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company 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 (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses . Filing of such Holders appear on the Security Register, within thirty (30) days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by with the Company with respect to each such series Trustee (pursuant to subsections clauses (a) and (b)) of this Section 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 the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates); and (c) transmit by mail to all Holders of Notes, within 30 days after the filing thereof with the Trustee in the manner and to the extent provided in Section 7.04(d), such summaries of any information, documents and reports required to be filed by the Company pursuant to paragraphs (a) and (b) of this Section as may be required by rules and regulations prescribed from time to time by the Commission. For purposes of this Section 7.03, the Company’s responsibility to file information with the Trustee which is also filed with the Commission, shall be deemed to be satisfied by the posting of the Company’s filings with the Commission on the Commission’s website (xxx.xxx.xxx/xxxxx).

Reports by the Company. (a) The Company covenantscovenants to: (ai) to file with the Trustee for the Securities of each Series, within thirty (30) 15 days after the Company files is required to file the same with the CommissionCommission (giving effect to any extensions thereof), copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; Act or, if the Company is not required to file information, documents or reports pursuant to either of such sectionsSections, then to 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, or in respect of a security listed and registered on a national securities exchange exchange, as may be prescribed from time to time in such rules and regulations; (bii) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and, including, in the case of annual reports, if required by such rules and regulations, certificates or opinions of independent public accountants, conforming to the requirements of Section 14.05 hereof, as to compliance with conditions or covenants, compliance with which is subject to verification by accountants, but no such certificate or opinion shall be required if it is not required pursuant to Section 314(a)(2) of the Trust Indenture Act; (ciii) to transmit by mail to all the Holders of Registered Securities in the manner and to the extent required by Section 313(c) of each series, as the names and addresses of such Holders appear on the Security RegisterTrust Indenture Act, within thirty (30) 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a4.03(a)(i) and (b4.03(a)(ii) of this Section 4.03 as may be required to be transmitted to such Holders by rules and regulations prescribed from time to time by the Commission; provided that any such information, documents or reports filed or furnished with the Commission pursuant to its Electronic Data Gathering, Analysis and Retrieval (including any successor thereto, “XXXXX”) system shall be deemed to be filed with the Trustee and transmitted to the Holders as of the time such information, documents or reports are filed or furnished by XXXXX; and (iv) furnish to the Trustee, not less often than annually on or before a date not more than four months after the end of each of its fiscal years ending after the date hereof, a brief certificate from the principal executive officer, principal financial officer or principal accounting officer of the Company as to his or her knowledge of the Company's compliance with all conditions and covenants under this Indenture. For purposes of this subsection 4.03(a)(iv), such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. (b) 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 Company Officers’ ' Certificates).

Reports by the Company. (a) The Company covenantscovenants to: (ai) to file with the Trustee for the Securities of each Series, within thirty (30) 15 days after the Company files is required to file the same with the CommissionCommission (giving effect to any extensions thereof), copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; Act or, if the Company is not required to file information, documents or reports pursuant to either of such sectionsSections, then to 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, or in respect of a security listed and registered on a national securities exchange exchange, as may be prescribed from time to time in such rules and regulations; (bii) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and, including, in the case of annual reports, if required by such rules and regulations, certificates or opinions of independent public accountants, conforming to the requirements of Section 14.05 hereof, as to compliance with conditions or covenants, compliance with which is subject to verification by accountants, but no such certificate or opinion shall be required if it is not required pursuant to Section 314(a)(2) of the Trust Indenture Act; (ciii) to transmit by mail to all the Holders of Registered Securities in the manner and to the extent required by Section 313(c) of each series, as the names and addresses of such Holders appear on the Security RegisterTrust Indenture Act, within thirty (30) 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a4.03(a)(i) and (b4.03(a)(ii) of this Section 4.03 as may be required to be transmitted to such Holders by rules and regulations prescribed from time to time by the Commission; provided that any such information, documents or reports filed or furnished with the Commission pursuant to its Electronic Data Gathering, Analysis and Retrieval (including any successor thereto, “XXXXX”) system shall be deemed to be filed with the Trustee and transmitted to the Holders as of the time such information, documents or reports are filed or furnished by XXXXX; and (iv) furnish to the Trustee, not less often than annually on or before a date not more than four months after the end of each of its fiscal years ending after the date hereof, a brief certificate from the principal executive officer, principal financial officer or principal accounting officer of the Company as to his or her knowledge of the Company’s compliance with all conditions and covenants under this Indenture. For purposes of this subsection 4.03(a)(iv), such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. (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 Company Officers’ Certificates).

Reports by the Company. The Company covenants: (a) to file with the Trustee within thirty (30) fifteen days after the Company files 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 the said Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the said Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee and the said Commission, in accordance with rules and regulations prescribed from time to time by the 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) to file with the Trustee and the Securities and Exchange Commission, in accordance with the rules and regulations prescribed from time to time by the said Commission, such additional information, documents, and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and; (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section as may be required by rules and regulations prescribed from time to time by the Securities and Exchange 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 ; and (d) If Unregistered Securities of any information contained therein or determinable series are outstanding, to file with the listing agent of the Company with respect to such series such documents and reports of the Company as may be required from information contained therein, including time to time by the Company’s compliance with rules and regulations of any of its covenants hereunder (as to stock exchange on which the Trustee is entitled to rely exclusively on Officers’ Certificates)such Unregistered Securities are listed.

Reports by the Company. The Company covenants: (a) to file with the Trustee within thirty (30) days after the Company files the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to shall file with the Trustee and the CommissionSEC, in accordance with rules and regulations prescribed from time transmit to time by the CommissionHolders, such of the supplementary and periodic information, documents and reports which other reports, and such summaries thereof, as may be required pursuant to Section 13 of the Exchange Trust Indenture Act at the times and in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time the manner provided in the Trust Indenture Act; provided that, any such rules and regulations; (b) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) days after the filing thereof with the Trustee, such summaries of any information, documents and or reports required to be filed with the SEC pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 30 calendar days after the same is filed with the SEC; provided further that the filing of the reports specified in Section 13 or 15(d) of the Exchange Act by an entity that is the direct or indirect parent of the Company with respect to each such series pursuant to subsections (a) and (b) shall satisfy the requirements of this Section 10.02 so long as may such entity is an obligor or guarantor on the Securities; provided further that the reports of such entity shall not be required by rules and regulations prescribed from time to time by include condensed consolidating financial information for the CommissionCompany in a footnote to the financial statements of such entity. 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 notice or knowledge of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). It is expressly understood that materials transmitted electronically by the Company to the Trustee or filed pursuant to the SEC’s XXXXX system (or any successor electronic filing system) shall be deemed filed with the Trustee and transmitted to Holders for purposes of this Section 10.02.

Reports by the Company. The Company covenants: (a) to file with the Trustee Trustee, within thirty (30) 15 days after the Company files 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) ), if any, which the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sectionsSections, then to 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 debt security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations; (b) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and; (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security Register, Notes within thirty (30) 30 days after the filing thereof with the Trustee, in the manner and to the extent provided in Section 4.07, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section 4.06 as may be required to be transmitted to such Holders by rules and regulations prescribed from time to time by the Commission. Delivery of such reports, information and documents ; and (d) to furnish to the Trustee is for informational purposes only and Trustee, not less than annually, a brief certificate from the Trustee’s receipt principal executive officer, principal financial officer or principal accounting officer as to his knowledge of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with all conditions and covenants under this Indenture. For purposes of this subsection (d), such compliance shall be determined without regard to any period of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)grace or requirement of notice provided under this Indenture.

Reports by the Company. The Company covenants: (a) The Company covenants and agrees to file with the Trustee Trustee, within thirty (30) 15 days after the date on which the Company files 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 said Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to 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;. (b) The Company covenants and agrees to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the said Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and. (c) The Company covenants and agrees to transmit by mail to all the Holders holders of Securities of each seriesSecurities, as the names and addresses of such Holders holders appear on upon the Security Register, within thirty (30) 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section 4.3 as may be required by rules and regulations prescribed from time to time by the 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 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 Officers’ ' Certificates).

Reports by the Company. The Company covenants: (a) The Company covenants and agrees to file with the Trustee Trustee, within thirty (30) 15 days after the date on which the Company files 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 said Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to file with provide to the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the CommissionTrustee, such of the supplementary and periodic information, documents and reports which may be would have been 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;. The Company also covenants and agrees to comply with the provisions of Section 314(a) of the Trust Indenture Act. (b) The Company covenants and agrees to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the said Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and. (c) The Company covenants and agrees to transmit by mail to all the Holders holders of Securities of each seriesDebentures, as the names and addresses of such Holders holders appear on upon the Security Debenture Register, within thirty (30) 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series 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 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 Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ ' Certificates).

Reports by the Company. The Company covenants: (a) The Company agrees to file with provide (which delivery may be via electronic mail) to the Trustee Trustee, within thirty (30) 15 days after the Company files 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 the Securities and Exchange Commission may from time to time by rules and regulations prescribe) which that the Company may be required to file files with the Securities and Exchange Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee and the CommissionTrustee, in accordance with the rules and regulations prescribed from time to time by the Securities and Exchange 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;; provided, however, the Company shall not be required to deliver to the Trustee any materials for which the Company has sought and received confidential treatment by the Securities and Exchange Commission; and provided further, so long as such filings by the Company are available on the Securities and Exchange Commission’s Electronic Data Gathering, Analysis and Retrieval System (XXXXX) or any successor system thereto, such filings shall be deemed to have been filed with the Trustee for purposes of this Section 5.03 without any further action required by the Company. (b) The Company 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 the Securities and Exchange Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and. (c) The Company covenants and agrees to transmit by mail mail, first class postage prepaid, or reputable over-night delivery service that provides for evidence of receipt, to all the Holders of Securities of each seriesSecurityholders, as the their names and addresses of such Holders appear on upon the Security Register, within thirty (30) 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section as may be required by rules and regulations prescribed from time to time by the Securities and Exchange 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 Officers’ Certificates).

Reports by the Company. The Company covenantsshall: (a1) to file File with the Trustee Trustee, within thirty (30) 15 days after the Company files is required to file the same with the CommissionCommission or to mail the same to its shareholders, copies of the quarterly reports, annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section 12 or 13 or Section 15(d) of the Exchange Act; or, if the Company is not required or to file information, documents or reports mail to its shareholders pursuant to either Section 14(a) -63- thereof. The Company agrees to make all filings with the Commission required by Section 15(d) of such sections, then the 1934 Act without regard to file the number of holders of record of the Notes. (2) 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 additional 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) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, and reports with respect to compliance by the Company 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) to transmit Transmit by mail to all the Holders of Securities of each seriesHolders, as the their names and addresses of such Holders appear on in the Security Note Register, within thirty (30) 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections paragraphs (a1) and (b2) of this Section as may be required by rules and regulations prescribed from time to time by the Commission. Delivery of such reports. (4) Transmit by mail to all Noteholders, information as their names and documents to addresses appear in the Note Register, within 30 days after the filing thereof with the Trustee is for informational purposes only (unless some other time shall be fixed by the Commission) (a) any annual report filed with the Trustee pursuant to paragraph (1) of this Section. (5) File with the Trustee within 45 days after the end of each of the Company's fiscal quarters a certificate of the Chief Executive Officer and the Trustee’s receipt Controller of such shall not constitute constructive notice the Company stating that the Company is in compliance with Article Ten, and attaching the unaudited financial statements of any information contained therein or determinable from information contained therein, including the Company’s . (6) File with the Trustee, within 120 days after the end of each fiscal year of the Company ending after the date hereof, an Officer's Certificate of the Company as to such person's knowledge of the Company's compliance with all conditions and covenants under this Indenture, such compliance to be determined without regard to any period of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)grace or requirement of notice provided under this Indenture.

Reports by the Company. The Company covenants: (a) to file with the Trustee Trustee, within thirty (30) 15 days after the Company files is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange ActAct of 1934; or, if the Company is not required to file information, documents or reports pursuant to either of such sectionsSections, then to file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Securities Exchange Act of 1934 in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations; (b) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and (c) to transmit by mail to all the Holders of Securities of each series, as in the names manner and addresses of such Holders appear on to the Security Register, extent provided in Section 5.4 within thirty (30) 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section as may be required to be transmitted to such Holders by rules and regulations prescribed from time to time by the Commission. Delivery The delivery of such reports, information and documents to the Trustee pursuant to this Section 5.3 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 Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Officer's Certificates)) other than with respect to Section 7.2.

Reports by the Company. The Company covenants: (a) to file with the Trustee Trustee, within thirty (30) 30 days after the Company files is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section section 13 or Section section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to 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 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; (b) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture Indenture, as may be required from time to time by such rules and regulations; and (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) 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 Company with respect to each such series pursuant to subsections (a) and (b) of this Section 9.6, as may be required by rules and regulations prescribed from time to time by the Commission. Delivery Subject to the provisions of the Trust Indenture Act and except as otherwise expressly provided in this Indenture, delivery of such reports, information and documents to the Trustee is for informational purposes only only, and the Trustee’s 's receipt of such reports, information and documents 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 Officers’ Certificates)hereunder.

Reports by the Company. The Company covenants:: ---------------------- (a) to file with the Trustee Trustee, within thirty (30) 30 days after the Company files is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934, as amended (the "Exchange Act"); or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to 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; (b) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture Indenture, as may be required from time to time by such rules and regulations; and (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security RegisterSecurities, within thirty (30) 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 Company with respect to each such series pursuant to subsections (a) and (b) of this Section 9.6, 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 the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Reports by the Company. The Company covenants: Company, pursuant to Section 314(a) of the Trust Indenture Act, shall: (a1) to file with the Trustee Trustee, within thirty (30) 15 days after the Company files the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sectionssaid Sections, then it shall file with the Trustee, such of the supplementary and periodic information, documents and reports, if any, as may be prescribed by the Commission pursuant to the Trust Indenture Act at such time, in each case within 15 days after it files the same with the Commission; (2) 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 additional 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) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, and reports with respect to compliance by the Company Company, 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 and (c3) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) 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 Company with respect to each such series pursuant to subsections clauses (a1) and (b2) of this Section 8.04 as may be required by rules and regulations prescribed from time to time by the Commission. Any such information, documents or reports filed with the Commission pursuant to its Electronic Data Gathering, Analysis and Retrieval (“XXXXX”) system, or any successor system established by the Commission, that are publicly available shall be deemed to be filed with the Trustee. The Trustee shall have no obligation whatsoever to determine whether or not such information, documents or reports have been filed pursuant to the XXXXX filing system (or its successor) or postings to any website have occurred. Delivery of such reportsinformation, information and documents or reports to the Trustee pursuant to any of the provisions of this Section 8.04 is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Reports by the Company. The Company covenants: (a) to file with the Trustee Trustee, within thirty (30) 15 days after the Company files is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section section 13 or Section section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to 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 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; (b) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture Indenture, as may be required from time to time by such rules and regulations; and (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security RegisterSecurities, within thirty (30) 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 Company with respect to each such series pursuant to subsections (a) and (b) of this Section 9.5, 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 '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 Officers’ ' Certificates).

Reports by the Company. The Company covenantsshall: (a) to file with the Trustee Trustee, within thirty (30) 30 days after the Company files is required to file the same with the 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 the Commission SEC may from time to time by rules and regulations prescribe) which the Company may be is required to file with the Commission SEC pursuant to Section section 13 or Section section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee and the CommissionSEC, in accordance with rules and regulations prescribed from time to time by the CommissionSEC, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 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; (b) to file with the Trustee and the CommissionSEC, in accordance with the rules and regulations prescribed from time to time by the CommissionSEC, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants of the Company provided for in this Indenture Agreement, as may be required from time to time by such rules and regulations; and, including, in the case of annual reports, if required by such rules and regulations, certificates or opinions of independent public accountants, conforming to the requirements of Section 1.02; (c) to transmit by mail to all Certificateholders, in the Holders manner and to the extent provided in Section 313(c) of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) days after the filing thereof with the Trustee, Trust Indenture Act such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section 8.04 as may be required by rules and regulations prescribed from time to time by the Commission. Delivery of such reports, information and documents SEC; and (d) furnish to the Trustee is for informational purposes only and Trustee, not less often than annually, a brief certificate from the Trustee’s receipt principal executive officer, principal financial officer or principal accounting officer as to his knowledge of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with all conditions and covenants under this Agreement (it being understood that for purposes of this paragraph (d), such compliance shall be determined without regard to any period of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificatesgrace or requirement of notice provided under this Agreement).

Reports by the Company. The Company covenants: (a) The Company covenants and agrees to file with the Trustee Trustee, within thirty (30) 15 days after the Company files 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 that the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to 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 supplementary and periodic information, documents and reports which that may be required pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange or the applicable self- regulatory organization as may be prescribed from time to time in such rules and regulations;. (b) The Company covenants and agrees to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and, including Section 314(a)(4) of the Trust Indenture Act. (c) The Company covenants and agrees to transmit by mail mail, first class postage prepaid, or the reputable over-night delivery service that provides for evidence of receipt, to all the Holders of Securities of each seriesDebentureholders, as the their names and addresses of such Holders appear on upon the Security Debenture Register, within thirty (30) 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section 6.3 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 the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Reports by the Company. The Company covenantsshall: (a) to file with the Trustee Trustee, within thirty (30) 30 days after the Company files is required to file the same with the 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 the Commission SEC may from time to time by rules and regulations prescribe) which the Company may be is required to file with the Commission SEC pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee and the CommissionSEC, in accordance with rules and regulations prescribed from time to time by the CommissionSEC, 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) to file with the Trustee and the CommissionSEC, in accordance with the rules and regulations prescribed from time to time by the CommissionSEC, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants of the Company provided for in this Indenture Agreement, as may be required from time to time by such rules and regulations; and, including, in the case of annual reports, if required by such rules and regulations, certificates or opinions of independent public accountants; (c) to transmit by mail to all Certificateholders, in the Holders manner and to the extent provided in Section 313(c) of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) days after the filing thereof with the Trustee, Trust Indenture Act such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (aSections 8.04(a) and (b) of this Section as may be required by rules and regulations prescribed from time to time by the Commission. Delivery of such reports, information and documents SEC; and (d) furnish to the Trustee is for informational purposes only and Trustee, not less often than annually, a brief certificate from the Trustee’s receipt principal executive officer, principal financial officer or principal accounting officer as to his or her knowledge 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 all conditions and covenants of the Company under this Agreement (it being understood that for purposes of this Section 8.04(d), such compliance shall be determined without regard to any period of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificatesgrace or requirement of notice provided under this Agreement).

Reports by the Company. The Company covenants: (a) to file with the Trustee Trustee, within thirty (30) 30 days after the Company files is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section section 13 or Section section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to 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 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; (b) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture Indenture, as may be required from time to time by such rules and regulations; and (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) 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 Company with respect to each such series pursuant to subsections (a) and (b) of this Section 9.6, 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 the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Reports by the Company. The Company covenants: (a) to file with the Trustee Trustee, within thirty (30) 30 days after the Company files is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Company is not required to file information, documents or reports pursuant to either of such sectionsSections, then to file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Securities Exchange Act of 1934, as amended, in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations; (b) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security RegisterSecurities, within thirty (30) 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 Company with respect to each such series pursuant to subsections (a) and (b) of this Section 9.05, 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 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including information concerning the Company’s 's compliance with any of its covenants hereunder (as to which hereunder, PROVIDED that the foregoing shall not relieve the Trustee is entitled to rely exclusively on Officers’ Certificates)of any of its responsibilities hereunder.

Reports by the Company. The Company covenantsshall: (a1) to file File with the Trustee Trustee, within thirty (30) 15 days after the Company files is required to file the same with the CommissionCommission or to mail the same to its shareholders, copies of the quarterly reports, annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section 12 or 13 or Section 15(d) of the Securities Exchange Act of 1934, as amended (the "1934 Act; or"), if the Company is not required or to file information, documents or reports mail to its shareholders pursuant to either Section 14(a) thereof. The Company agrees to make all filings with the Commission required by Section 15(d) of such sections, then the 1934 Act without regard to file the number of holders of record of the Debentures. (2) 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 additional 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) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, and reports with respect to compliance by the Company 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) Within 15 days after the date on which the Company is required to file reports with the Commission under the 1934 Act, or within 15 days after such date would have occurred had the Company been required to file reports under the 1934 Act, the Company shall transmit copies of such reports by mail to all the Holders of Securities of each seriesDebentureholders, as the their names and addresses of such Holders appear on the Security Debenture Register, without cost to such Debentureholders. (4) Transmit by mail to all Debentureholders, as their names and addresses appear in the Debenture Register, within thirty (30) 30 days after the filing thereof with the TrusteeTrustee (unless some other time shall be fixed by the Commission) (a) any annual report filed with the Trustee pursuant to paragraph (1) of this Section; (b) summaries, including a balance sheet and income statement, of the quarterly reports filed with the Trustee pursuant to paragraph (1) of this Section, provided, however, that, if requested by a Debentureholder, the Company shall transmit to such summaries Debentureholder, within 15 days after such request, a copy of the Company's quarterly report as filed with the Commission; and (c) any other information, documents and or reports required to be filed by the Company with respect to each such series pursuant to subsections paragraphs (a1) and (b2) of this Section as may be required by rules and regulations prescribed from time to time by the Commission. Delivery . (5) File with the Trustee within 45 days after the end of each of the Company's fiscal quarters a certificate of the Chief Executive Officer and the Controller of the Company stating that the Company is in compliance with Article Ten, setting forth the calculations supporting such reportscertification, information where applicable, and documents attaching the unaudited financial statements of the Company, and file a supplemental certificate to the Trustee is for informational purposes only and same effect attaching the audited financial statements of the Company promptly after such statements become available. (6) File with the Trustee’s receipt , within 90 days after the end of each fiscal year of the Company ending after the date hereof, a certificate of the Chief Executive Officer and Controller of the Company as to such shall not constitute constructive notice person's knowledge of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with all conditions and covenants under this Indenture, such compliance to be determined without regard to any period of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)grace or requirement of notice provided under this Indenture.

Reports by the Company. The Company covenants: (a) The Company covenants and agrees to file with the Trustee Trustee, within thirty (30) 15 days after the Company files 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 that the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to 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 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 Debt Security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations;. (b) The Company covenants and agrees to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and. (c) The Company covenants and agrees to transmit by mail mail, first class postage prepaid, or reputable overnight delivery service that provides for evidence of receipt, to all the Holders of Securities of each seriesSecurityholders, as the their names and addresses of such Holders appear on upon the Security Register, within thirty (30) 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section as may be required by rules and regulations prescribed from time to time by the Commission. Delivery of such reports, information . (d) The Company covenants and documents agrees to furnish 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 less often than annually, a brief Certificate from information contained therein, including the Company’s 's principal executive officer, principal financial officer or principal accounting officer as to his or her knowledge of the Company's compliance with any of its all conditions and covenants hereunder (as to which under the Trustee is entitled to rely exclusively on Officers’ Certificates)Indenture.

Reports by the Company. The Company covenantsshall: (a) to file with the Trustee Trustee, within thirty (30) 30 days after the Company files is required to file the same with the 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 the Commission SEC may from time to time by rules and regulations prescribe) which the Company may be is required to file with the Commission SEC pursuant to Section 13 or Section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee and the CommissionSEC, in accordance with rules and regulations prescribed from time to time by the CommissionSEC, 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; (b) during any period, prior to the consummation of the Exchange Offer and during which the Shelf Registration Statement is not in effect, in which the Company is not subject to Section 13(a), 13(c) or 15(d) under the Securities Exchange Act of 1934, make available to any Holder of the Certificates in connection with any sale thereof and any prospective purchaser of the Certificates from such Holder, in each case upon request, the information specified in, and meeting the requirements of, Rule 144A(d)(4) under the Securities Act but only for so long as any of the Certificates remain outstanding and are "restricted securities" within the meaning of Rule 144(a)(3) under the Securities Act and, in any event, only until the second anniversary of the Issuance Date; (c) file with the Trustee and the CommissionSEC, in accordance with the rules and regulations prescribed from time to time by the CommissionSEC, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture Agreement, as may be required from time to time by such rules and regulations; and, including, in the case of annual reports, if required by such rules and regulations, certificates or opinions of independent public accountants, conforming to the requirements of Section 1.02; (cd) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (bc) of this Section 8.04 as may be required by rules and regulations prescribed from time to time by the Commission. Delivery of such reports, information and documents SEC; and (e) furnish to the Trustee is for informational purposes only and Trustee, not less often than annually, a brief certificate from the Trustee’s receipt principal executive officer, principal financial officer, any Vice President (or more senior ranking officer) or the principal accounting officer as to his or her knowledge 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 all conditions and covenants under this Agreement (it being understood that for purposes of this paragraph (e), such compliance shall be determined without regard to any period of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificatesgrace or requirement of notice provided under this Agreement).

Reports by the Company. (1) The Company covenants: (a) to will file with the Trustee Trustees, within thirty (30) 20 days after the Company files the same filing with or furnishing to the Commission, copies of the its annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be is required to file or furnish with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; Act or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee Trustees and the Commission, in accordance with rules and regulations reulations 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;; provided that any such reports, information or documents filed with the Commission pursuant to its Electronic Data Gathering, Analysis and Retrieval (XXXXX) system shall be deemed filed with the Trustees. (b2) The Company will transmit to file with the Trustee and the Commissionall Holders, in accordance with the rules manner and regulations prescribed from time to time by the Commission, such additional information, documents, and reports with respect to compliance by the Company with the conditions and covenants extent provided for in this Indenture as may be required from time to time by such rules and regulations; and (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security RegisterTIA Section 313(c), within thirty (30) 30 days after the filing thereof with the TrusteeTrustees, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections paragraph (a) and (b1) of this Section 7.05 as may be required by rules and regulations prescribed from time to time by the Commission. Delivery . (3) If at any time the Securities are guaranteed by a direct or indirect parent 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 , and such parent has furnished the reports required by this Section 7.05 with respect to parent as required by this Section 7.05 as if parent were the Company (including any financial information required hereby), the Company shall be deemed to be in compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)this Section 7.05.

Reports by the Company. The Company covenantsshall: (a) to file with the Trustee Trustee, within thirty (30) 30 days after the Company files is required to file the same with the 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 the Commission SEC may from time to time by rules and regulations prescribe) which the Company may be is required to file with the Commission SEC pursuant to Section 13 or Section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee and the CommissionSEC, in accordance with rules and regulations prescribed from time to time by the CommissionSEC, 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; (b) to file with the Trustee and the CommissionSEC, in accordance with the rules and regulations prescribed from time to time by the CommissionSEC, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants of the Company provided for in this Indenture Agreement, as may be required from time to time by such rules and regulations; and, including, in the case of annual reports, if required by such rules and regulations, certificates or opinions of independent public accountants, conforming to the requirements of Section 1.02; (c) to transmit by mail to all Certificateholders, in the Holders manner and to the extent provided in Section 313(c) of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) days after the filing thereof with the Trustee, Trust Indenture Act such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section 8.04 as may be required by rules and regulations prescribed from time to time by the Commission. Delivery of such reports, information and documents SEC; and (d) furnish to the Trustee is for informational purposes only and Trustee, not less often than annually, a brief certificate from the Trustee’s receipt principal executive officer, principal financial officer or principal accounting officer as to his or her knowledge of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with all conditions and covenants under this Agreement (it being understood that for purposes of this paragraph (d), such compliance shall be determined without regard to any period of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificatesgrace or requirement of notice provided under this Agreement).

Reports by the Company. The Company covenants: (a) The Company covenants and agrees to file with the Trustee Trustee, within thirty (30) 15 days after the Company files 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 that the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to 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 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;; provided, however, the Company shall not be required to deliver to the Trustee any materials for which the Company has sought and received confidential treatment by the Commission. The Company also shall comply with the other provisions of Section 314(a) of the Trust Indenture Act. (b) The Company covenants and agrees to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and. (c) The Company covenants and agrees to transmit by mail mail, first class postage prepaid, or reputable over-night delivery service that provides for evidence of receipt, to all the Holders of Securities of each seriesSecurityholders, as the their names and addresses of such Holders appear on upon the Security Register, within thirty (30) 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section 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 the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Reports by the Company. The Company covenants: (a) to file with the Trustee Trustee, within thirty (30) 30 days after the Company files is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Securities Exchange Act of 1934, as amended, in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations; (b) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture Indenture, as may be required from time to time by such rules and regulations; and (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) 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 Company with respect to each such series pursuant to subsections (a) and (b) of this Section 9.6, as may be required by rules and regulations prescribed from time to time by the Commission. Delivery Subject to the provisions of the Trust Indenture Act and except as otherwise expressly provided in this Indenture, delivery of such reports, information and documents to the Trustee is for informational purposes only only, and the Trustee’s receipt of such reports, information and documents shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)hereunder.

Reports by the Company. The Company covenants:shall: ---------------------- (a) to file with the Trustee Trustee, within thirty (30) 30 days after the Company files is required to file the same with the 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 the Commission SEC may from time to time by rules and regulations prescribe) which the Company may be is required to file with the Commission SEC pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee and the CommissionSEC, in accordance with rules and regulations prescribed from time to time by the CommissionSEC, 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) to file with the Trustee and the CommissionSEC, in accordance with the rules and regulations prescribed from time to time by the CommissionSEC, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants of the Company provided for in this Indenture Agreement, as may be required from time to time by such rules and regulations; and, including, in the case of annual reports, if required by such rules and regulations, certificates or opinions of independent public accountants; (c) to transmit by mail to all Certificateholders, in the Holders manner and to the extent provided in Section 313(c) of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) days after the filing thereof with the Trustee, Trust Indenture Act such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (aSections 8.04(a) and (b) of this Section as may be required by rules and regulations ---------------- --- prescribed from time to time by the Commission. Delivery of such reports, information and documents SEC; and (d) furnish to the Trustee is for informational purposes only and Trustee, not less often than annually, a brief certificate from the Trustee’s receipt principal executive officer, principal financial officer or principal accounting officer as to his or her knowledge 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 all conditions and covenants of the Company under this Agreement (it being understood that for purposes of this Section 8.04(d), such --------------- compliance shall be determined without regard to any period of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificatesgrace or requirement of notice provided under this Agreement).

Reports by the Company. The Company covenants: (a) The Company covenants and agrees to file with the Trustee Trustee, within thirty (30) 15 days after the Company files is required to file the same with the Commission (after taking into account any extensions allowed by 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 that the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to 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 supplementary and periodic information, documents and reports which that may be required pursuant to Section 13 any applicable rules and regulations 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;Commission. (b) The Company covenants and agrees to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and. (c) The Company covenants and agrees to transmit by mail mail, first class postage prepaid, or reputable overnight delivery service that provides for evidence of receipt, to all the Holders of Securities of each seriesSecurityholders, as the their names and addresses of such Holders appear on upon the Security Securities Register, within thirty (30) 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section as may be required by rules and regulations prescribed from time to time by the 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 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 Officers’ Officer's Certificates).

Reports by the Company. The Company covenantsshall: (a1) to file with the Trustee Trustee, within thirty (30) 15 days after the Company files is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either Act of such sections, then to 1934; (2) 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 additional 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) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, and reports with respect to compliance by the Company with the conditions and covenants provided for in of this Indenture as may be required from time to time by such rules and regulations; (3) notwithstanding that the Company may not be required to remain subject to the reporting requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, 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 Company shall provide the Trustee: (a) within time periods required for the filing of such forms by the Commission, annual reports on Form 40-F or 20-F, as applicable (or any successor form); and (cb) within time periods required for the filing of such forms by the Commission, reports on Form 6-K (or any successor form) which, regardless of applicable requirements, shall, at a minimum, contain such information required to be provided in quarterly reports under the laws of Canada or any province thereof to security holders of a company with securities listed on the Toronto Stock Exchange, whether or not the Company has any of its securities so listed. Such information, to the extent permitted by the rules and regulations of the Commission, shall be prepared in accordance with Canadian disclosure requirements and GAAP; provided, however, that the Company shall not be obligated to file such reports with the Commission if the Commission does not permit such filings; and (4) transmit by mail to all Holders, in the Holders manner and to the extent provided in Section 313(c) of Securities of each series, as the names and addresses of such Holders appear on the Security RegisterTrust Indenture Act, within thirty (30) 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections paragraphs (a1) and (b2) of this Section 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 '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 Officers’ ' Certificates).

Reports by the Company. The Company covenants:: ---------------------- (a) to file with the Trustee Trustee, within thirty (30) 30 days after the Company files 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 that the Company may be required to file with the Commission pursuant to Section section 13 or Section section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to 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 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; (b) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture Indenture, as may be required from time to time by such rules and regulations; and (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security RegisterSecurities, within thirty (30) 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 Company with respect to each such series pursuant to subsections (a) and (b) of this Section 9.5, 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 the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Reports by the Company. (1) The Company covenants: (a) to will file with the Trustee Trustees, within thirty (30) 20 days after the Company files the same filing with or furnishing to the Commission, copies of the its annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be is required to file or furnish with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; Act or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee Trustees 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;; provided that any such reports, information or documents filed with the Commission pursuant to its Electronic Data Gathering, Analysis and Retrieval (EXXXX) system shall be deemed filed with the Trustees. (b2) The Company will transmit to file with the Trustee and the Commissionall Holders, in accordance with the rules manner and regulations prescribed from time to time by the Commission, such additional information, documents, and reports with respect to compliance by the Company with the conditions and covenants extent provided for in this Indenture as may be required from time to time by such rules and regulations; and (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security RegisterTIA Section 313(c), within thirty (30) 30 days after the filing thereof with the TrusteeTrustees, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections paragraph (a) and (b1) of this Section 7.05 as may be required by rules and regulations prescribed from time to time by the Commission. Delivery . (3) If at any time the Securities are guaranteed by a direct or indirect parent 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 , and such parent has furnished the reports required by this Section 7.05 with respect to parent as required by this Section 7.05 as if parent were the Company (including any financial information required hereby), the Company shall be deemed to be in compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)this Section 7.05.

Reports by the Company. The Company covenantsshall: (a) to file with the Trustee Trustee, within thirty (30) 30 days after the Company files is required to file the same with the 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 the Commission SEC may from time to time by rules and regulations prescribe) which the Company may be is required to file with the Commission SEC pursuant to Section section 13 or Section section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee and the CommissionSEC, in accordance with rules and regulations prescribed from time to time by the CommissionSEC, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 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; (b) to file with the Trustee and the CommissionSEC, in accordance with the rules and regulations prescribed from time to time by the CommissionSEC, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants of the Company provided for in this Indenture Agreement, as may be required from time to time by such rules and regulations; and, including, in the case of annual reports, if required by such rules and regulations, certificates or opinions of independent public accountants, conforming to the requirements of Section 1.02; (c) to transmit by mail to all Certificateholders, in the Holders manner and to the extent provided in Section 313(c) of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) days after the filing thereof with the TrusteeTrust Indenture Act, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section 8.04 as may be required by rules and regulations prescribed from time to time by the Commission. Delivery of such reports, information and documents SEC; and (d) furnish to the Trustee is for informational purposes only and Trustee, not less often than annually, a brief certificate from the Trustee’s receipt principal executive officer, principal financial officer or principal accounting officer as to his or her knowledge 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 all conditions and covenants of the Company under this Agreement (it being understood that for purposes of this paragraph (d), such compliance shall be determined without regard to any period of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificatesgrace or requirement of notice provided under this Agreement).

Reports by the Company. (1) The Company covenants: (a) to will file with the Trustee Trustees, within thirty (30) 20 days after the Company files the same filing with or furnishing to the Commission, copies of the its annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be is required to file or furnish with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; Act or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee Trustees and the Commission, in accordance with rules and regulations reulations 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;; provided that any such reports, information or documents filed with the Commission pursuant to its Electronic Data Gathering, Analysis and Retrieval (EXXXX) system shall be deemed filed with the Trustees. (b2) The Company will transmit to file with the Trustee and the Commissionall Holders, in accordance with the rules manner and regulations prescribed from time to time by the Commission, such additional information, documents, and reports with respect to compliance by the Company with the conditions and covenants extent provided for in this Indenture as may be required from time to time by such rules and regulations; and (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security RegisterTIA Section 313(c), within thirty (30) 30 days after the filing thereof with the TrusteeTrustees, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections paragraph (a) and (b1) of this Section 7.05 as may be required by rules and regulations prescribed from time to time by the Commission. Delivery . (3) If at any time the Securities are guaranteed by a direct or indirect parent 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 , and such parent has furnished the reports required by this Section 7.05 with respect to parent as required by this Section 7.05 as if parent were the Company (including any financial information required hereby), the Company shall be deemed to be in compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)this Section 7.05. SECTION 8.01 Company May Consolidate, etc.

Reports by the Company. The Company covenantsshall: (a) to file with the Trustee Trustee, within thirty (30) 30 days after the Company files is required to file the same with the 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 the Commission SEC may from time to time by rules and regulations prescribe) which the Company may be is required to file with the Commission SEC pursuant to Section section 13 or Section section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee and the CommissionSEC, in accordance with rules and regulations prescribed from time to time by the CommissionSEC, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 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; (b) to file with the Trustee and the CommissionSEC, in accordance with the rules and regulations prescribed from time to time by the CommissionSEC, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants of the Company provided for in this Indenture Agreement, as may be required from time to time by such rules and regulations; and, including, in the case of annual reports, if required by such rules and regulations, certificates or opinions of independent public accountants, conforming to the requirements of Section 1.02; (c) to transmit by mail to all Certificateholders, in the Holders manner and to the extent provided in Section 313 (c) of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) days after the filing thereof with the TrusteeTrust Indenture Act, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section 8.04 as may be required by rules and regulations prescribed from time to time by the Commission. Delivery of such reports, information and documents SEC; and (d) furnish to the Trustee is for informational purposes only and Trustee, not less often than annually, a brief certificate from the Trustee’s receipt principal executive officer, principal financial officer or principal accounting officer as to his or her knowledge of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with all conditions and covenants of the Company under this Agreement (it being understood that for purposes of this paragraph (d), such compliance shall be determined without regard to any period of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificatesgrace or requirement of notice provided under this Agreement).

Reports by the Company. The Company covenants: (a) The Company covenants and agrees to file with the Trustee Trustee, within thirty (30) 30 days after the Company files 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 that the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; provided that so long as such filings by the Company are available on the Commission’s Electronic Data Gathering, Analysis and Retrieval System, or any successor system, such filings shall be deemed to have been filed with the Trustee for purposes hereof without any further action required by the Company; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to 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 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;. (b) The Company covenants and agrees to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and. (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section 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 the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). (d) The Company covenants and agrees to transmit by mail to the Securityholders (to the extent their respective names and addresses appear in the Security Register) or through the facilities of the Depositary, within 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company pursuant to subsections (a) and (b) of this Section as may be required by rules and regulations prescribed from time to time by the Commission; provided, that so long as such filings by the Company are available on the Commission’s Electronic Data Gathering, Analysis and Retrieval System, or any successor system, such filings shall be deemed to have been transmitted for purposes hereof without any further action required by the Company.

Reports by the Company. The Company covenantsshall: (a) to file with the Trustee Trustee, within thirty (30) 30 days after the Company files is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange ActAct of 1934; or, if the Company 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 the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Securities Exchange Act of 1934 in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations; (b) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company 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 (c) transmit to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) 30 days after the filing thereof with the Trustee, Trustee such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections paragraphs (a) and (b) of this Section 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 the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Reports by the Company. The Company covenants: (a) to file with the Trustee Trustee, within thirty (30) 15 days after the Company files the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) ), if any, which the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sectionsSections, then to 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 debt security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations; provided that, in either case described in this subsection (a), such information, documents, reports and periodic information, as applicable, shall be deemed to be filed with the Trustee when publicly filed with the Commission through the Commission’s Electronic Data Gathering and Retrieval System filing system (or any successor electronic filing system); (b) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and; (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security Register, Notes within thirty (30) 30 days after the filing thereof with the Trustee, in the manner and to the extent provided in Section 7.06, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section 4.06 as may be required to be transmitted to such Holders by rules and regulations prescribed from time to time by the Commission. Delivery of such reports, information and documents ; (d) to furnish to the Trustee is for informational purposes only and by April 30 of each fiscal year of the Trustee’s receipt Company, beginning April 30, 2013, a brief certificate from the principal executive officer, principal financial officer or principal accounting officer as to his or her knowledge of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with all conditions and covenants under this Indenture during the prior fiscal year. For purposes of this subsection (d), such compliance shall be determined without regard to any period of its covenants hereunder grace or requirement of notice provided under this Indenture; and (as e) to which deliver to the Trustee written notice of any event that with the giving of notice and the lapse of time would become an Event of Default under Section 6.01(c), such notice to be delivered to the Trustee within 10 Business Days after an Officer of the Company becomes aware of the occurrence of such event and is entitled to rely exclusively on Officers’ Certificates)aware that such event with the giving of notice and lapse of time would become an Event of Default under Section 6.01(c) and such event is continuing.

Reports by the Company. The Company covenants: (a) to file with the Trustee Trustee, within thirty (30) 30 days after the Company files is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section section 13 or Section section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to 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 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; (b) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture Indenture, as may be required from time to time by such rules and regulations; and (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security RegisterSecurities, within thirty (30) 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 Company with respect to each such series pursuant to subsections (a) and (b) of this Section 9.5, 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 the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Reports by the Company. The Company covenants: (a) to The Company will file with the Trustee Trustee, within thirty (30) 15 days after the Company files 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 that the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, if any, 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;. (b) to The Company will file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, if any, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture if and as may be required from time to time by such rules and regulations; and. (c) to The Company will transmit by mail mail, first class postage prepaid, or reputable over-night delivery service that provides for evidence of receipt, to all the Holders of Securities of each seriesSecurityholders, as the their names and addresses of such Holders appear on upon the Security RegisterRegister or as otherwise provided for in Section 313(c) of the Trust Indenture Act, within thirty (30) 30 days after the filing thereof with the TrusteeTrustee (unless some other time shall be fixed by the Commission), such copies or summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section as may be required by rules and regulations prescribed from time to time by the Commission. . (d) Delivery of such reports, information and documents to the Trustee is for informational purposes only and shall not constitute a representation or warranty as to the accuracy or completeness of the reports, information and documents. 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 their covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ CertificatesCertificates of the Company).

Reports by the Company. (1) The Company covenants: (a) to will file with the Trustee Trustees, within thirty (30) 20 days after the Company files the same filing with or furnishing to the Commission, copies of the its annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be is required to file or furnish with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; Act or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee Trustees and the Commission, in accordance with rules and regulations reulations 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;; provided that any such reports, information or documents filed with the Commission pursuant to its Electronic Data Gathering, Analysis and Retrieval (XXXXX) system shall be deemed filed with the Trustees. (b2) The Company will transmit to file with the Trustee and the Commissionall Holders, in accordance with the rules manner and regulations prescribed from time to time by the Commission, such additional information, documents, and reports with respect to compliance by the Company with the conditions and covenants extent provided for in this Indenture as may be required from time to time by such rules and regulations; and (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security RegisterTIA Section 313(c), within thirty (30) 30 days after the filing thereof with the TrusteeTrustees, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections paragraph (a) and (b1) of this Section 7.05 as may be required by rules and regulations prescribed from time to time by the Commission. (3) If at any time the Securities are guaranteed by a direct or indirect parent of the Company, and such parent has furnished the reports required by this Section 7.05 with respect to parent as required by this Section 7.05 as if parent were the Company (including any financial information required hereby), the Company shall be deemed to be in compliance with this Section 7.05. SECTION 8.01 Company May Consolidate, etc., only on Certain Terms. Delivery The Company shall not amalgamate or consolidate with or merge into or enter into any statutory arrangement with any other Person, or, directly or indirectly, convey, transfer or lease all or substantially all of its properties and assets to any Person, unless: (1) the Person formed by or continuing from such reportsamalgamation or consolidation or into which the Company is merged or with which it enters into such statutory arrangement or the Person which acquires by operation of law or by conveyance or transfer, information or which leases, all or substantially all of the properties and documents assets of the Company shall be a corporation, partnership or trust organized and validly existing under the laws of Canada or any province or territory thereof, the United States of America or any state thereof or the District of Columbia or, if such amalgamation, consolidation, merger, statutory arrangement or other transaction would not impair the rights of Holders, any other country, and, unless the Company is the continuing corporation, shall expressly assume, by an indenture supplemental hereto, executed and delivered to the Trustee is Trustees, in form satisfactory to the Trustees, the Company's obligation for informational purposes only the due and punctual payment of the principal of, premium (if any) and interest (if any) on all the Securities and the Trustee’s receipt performance and observance of every covenant of this Indenture on the part of the Company to be performed or observed; (2) immediately after giving effect to such transaction, no Default or Event of Default shall not constitute constructive notice have happened and be continuing; and (3) the Company or such Person shall have delivered to the Trustees an Officer's Certificate and an Opinion of any information contained therein Counsel, each stating that such amalgamation, consolidation, merger, statutory arrangement or determinable from information contained thereinother transaction and such supplemental indenture comply with this Article Eight and that all conditions precedent herein provided for relating to such transaction have been complied with. Notwithstanding the above, including the Company’s compliance Company may consolidate with, amalgamate with, undergo an arrangement with, merge with any or into an Affiliate of its covenants hereunder (as the Company solely for the purpose of reincorporating the Company in a state of the United States or the District of Columbia or in another province or territory of Canada. This Section 8.01 shall only apply to a merger, consolidation or amalgamation in which the Trustee Company is entitled not the surviving Person and to rely exclusively on Officers’ Certificates)conveyances, leases and transfers by the Company as transferor or lessor.

Reports by the Company. The Company covenants: (a) Prior to the consummation of the Merger, the Company shall furnish to the holders of Notes and to prospective investors designated by such holders, upon the holders’ request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. From and after the consummation of the Merger, IFF shall send to the Trustee, within 15 days after IFF is required to file with the Trustee within thirty (30) days after the Company files the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company that IFF may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company IFF is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, if any, 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;. (b) to file Any document or report that IFF or the Company files with the Trustee and Commission via the Commission, in accordance with ’s XXXXX system (or any successor thereto) shall be deemed to be delivered to the rules and regulations prescribed from Trustee at the time to time by such document or report is filed via the Commission, such additional information, documents, and reports with respect to compliance by XXXXX system (or any successor thereto) for the Company with the conditions and covenants provided for in purposes of this Indenture as may be required from time to time by such rules and regulations; andSection 5.03. (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section 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 shall not constitute a representation or warranty as to the accuracy or completeness of the reports, information and documents. The Trustee’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ CertificatesCertificates of the Company).

Reports by the Company. The Company covenantsshall: (a) to file with the Trustee Trustee, within thirty (30) 30 days after the Company files 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 that the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange ActAct of 1934; or, if the Company 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 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 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) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company 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 (c) transmit to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections paragraphs (a) and (b) of this Section 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 the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Reports by the Company. The Company covenantsSo long as Debt Securities of any series are outstanding hereunder: (a) The Company covenants and agrees to file with the Trustee Debt Trustee, within thirty (30) 15 days after the date on which the Company files 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 said Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to file with provide to the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the CommissionDebt Trustee, such of the supplementary and periodic information, documents and reports which may be would have been 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 Company covenants and agrees to file with the Debt Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the said Commission, unless exempted from such reporting requirements by the Commission such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and. (c) The Company covenants and agrees to transmit by mail to all the Holders of Securities of each seriesHolders, as the names and addresses of such Holders appear on upon the Security Register, within thirty (30) 30 days after the filing thereof with the Debt Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series 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 such reports, information and documents to the Debt Trustee is for informational purposes only and the Debt 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 Debt Trustee is entitled to rely exclusively on Officers’ Officer's Certificates).

Reports by the Company. (1) The Company covenants: (a) to will file with the Trustee Trustee, within thirty (30) 20 days after the Company files the same or furnishes them with the Commission, copies of the Company’s annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be is required to file or furnish with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if . Notwithstanding that the Company is may not required remain subject to file information, documents the reporting requirements of Section 13 or reports 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 either of such sections, then to file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time promulgated by the Commission, the Company will continue to provide the Trustee: • within 20 days after the time periods required for the filing or furnishing of 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) to file with the Trustee and forms by the Commission, annual reports on Form 40-F or 20-F or any successor form; and • within 20 days after the time periods required for the filing of such forms by the Commission, reports on Form 6-K (or any successor form), which, regardless of applicable requirements shall, at a minimum, contain such information required to be provided in accordance 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 Company has any of the Securities listed on such exchange. Each of such reports, to the extent permitted by the rules and regulations prescribed from time to time by of the Commission, will be prepared in accordance with Canadian disclosure requirements and GAAP provided, however, that the Company shall not be obligated to file or furnish such additional information, documents, and reports with respect to compliance by the Company with Commission if the conditions and covenants provided for in this Indenture as may be required from time to time by Commission does not permit such rules and regulationsfilings; and (c2) to the Company will transmit by mail to all Holders, in the Holders manner and to the extent provided in Section 313(c) of Securities of each series, as the names and addresses of such Holders appear on the Security RegisterTrust Indenture Act, within thirty (30) 30 days after the filing thereof with the TrusteeTrustees, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections paragraph (a) and (b1) of this Section 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 the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Reports by the Company. The Company covenants: (a) The Company covenants and agrees to file with provide to the Trustee within thirty (30) days which delivery may be via electronic mail), after the Company files 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 the Securities and Exchange Commission may from time to time by rules and regulations prescribe) which that the Company may be required to file files with the Securities and Exchange Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee and the CommissionTrustee, in accordance with the rules and regulations prescribed from time to time by the Securities and Exchange 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;; provided, however, the Company shall not be required to deliver to the Trustee any materials for which the Company has sought and received confidential treatment by the Securities and Exchange Commission; and provided further, so long as such filings are available on the Securities and Exchange Commission’s Electronic Data Gathering, Analysis and Retrieval System (XXXXX) or any successor system thereto, such filings shall be deemed to have been filed with the Trustee for purposes of this Section 5.03 without any further action required by the Company. (b) The Company 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 the Securities and Exchange Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and. (c) The Company covenants and agrees to transmit by mail mail, first class postage prepaid, or reputable over-night delivery service that provides for evidence of receipt, or in accordance with the applicable procedures of DTC, to all the Holders of Securities of each seriesSecurityholders, as the their names and addresses of such Holders appear on upon the Security Register, within thirty (30) 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section as may be required by rules and regulations prescribed from time to time by the Securities and Exchange 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 Officers’ Certificates).

Reports by the Company. The Company covenants: (a) to file with the Trustee Trustee, within thirty (30) 30 days after the Company files is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company it may be required to file with the Commission pursuant to Section section 13 or Section section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Company it is not required to file information, documents or reports pursuant to either of such sections, then to 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 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; (b) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company it with the conditions and covenants provided for in this Indenture Indenture, as may be required from time to time by such rules and regulations; and (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security RegisterSecurities, within thirty (30) 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 Company with respect to each such series it pursuant to subsections (a) and (b) of this Section 9.6, 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 '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 Officers’ ' Certificates).

Reports by the Company. The As long as any Securities are Outstanding, the Company covenantscovenants to: (a) furnish to file with the Trustee Trustee, within thirty (30) 30 days after the Company files is required to file the same with the CommissionCommission through its Electronic Data Gathering, Analysis and Retrieval System (or any successor system) (“XXXXX”), the reports required by Section 314(a)(1) of the Trust Indenture Act, specifically, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be is required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sectionsSections, then to file with furnish to the Trustee and file with 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; (b) furnish to the Trustee and file with the Trustee and the CommissionCommission through XXXXX, in accordance with the rules and regulations prescribed from time to time by the CommissionCommission and as required by Section 314(a)(2) of the Trust Indenture Act, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture hereunder, as may be required from time to time by such rules and regulations; and (c) furnish to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security RegisterHolders, within thirty (30) 30 days after the filing furnishing thereof with the Trustee, as required by Section 314(a)(3) of the Trust Indenture Act and in the manner and to the extent provided in Section 313(c) thereof, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (aSections 4.2(a) and (b) of this Section hereof, as may be required by the rules and regulations prescribed from time to time by the Commission. Delivery of such any reports, information and documents to the Trustee pursuant to this Section 4.2 is for informational purposes only and the Trustee’s receipt of any such reports, information and documents shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Officer’s Certificates). The Trustee shall have no duty to review or make independent investigation with respect to any reports, information or documents delivered to the Trustee pursuant to this Section 4.2 and shall hold the same solely as repository. In addition, the Trustee shall have no obligation whatsoever to determine whether or not such reports, information or documents have been filed with the Commission through XXXXX, provided, that the Company shall promptly notify the Trustee in writing whenever it shall have so filed such reports, information or documents.

Reports by the Company. The Company covenants: (a) to file with the Trustee for the Securities of each Series, within thirty (30) 15 days after the Company files is required to file the same with the 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 the Commission Commissioner may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange Act; orAct of 1934, or if the Company is not required to file information, documents documents, or reports pursuant to either of such sectionsSections, then to 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 documents, and reports which may be required pursuant to Section 13 of the Securities Exchange Act of 1934, or 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) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and (c) to transmit by mail to all the Holders of Registered Securities of each series, as in the names manner and addresses of such Holders appear on to the Security Registerextent required by Sections 4.4(c) and 11.4, within thirty (30) 30 days after the filing thereof with the Trustee, such summaries of any information, documents documents, and reports required to be filed by the Company with respect to each such series pursuant to subsections subsection (a) and (b) of this Section as may be required to be transmitted to such Holders by rules and regulations prescribed from time to time by the Commission; and (d) to furnish to the Trustee, not less often than annually, a brief certificate from the principal executive officer, principal financial officer or principal accounting officer of the Company 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. 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 Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ ' Certificates).

Reports by the Company. The Company covenants: (a) The Company covenants and agrees to file with the Trustee Trustee, within thirty (30) 15 days after the Company files 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 that the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to 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 supplementary and periodic information, documents and reports which that may be required pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange or the applicable self-regulatory organization as may be prescribed from time to time in such rules and regulations;. (b) The Company covenants and agrees to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and, including Section 314(a)(4) of the Trust Indenture Act. (c) The Company covenants and agrees to transmit by mail mail, first class postage prepaid, or the reputable over-night delivery service that provides for evidence of receipt, to all the Holders of Securities of each seriesDebentureholders, as the their names and addresses of such Holders appear on upon the Security Debenture Register, within thirty (30) 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section 6.3 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 the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Reports by the Company. The Company covenants: (a) The Company covenants and agrees to file with the Trustee Trustee, within thirty (30) 15 days after the Company files 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 that the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to 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 supplementary and periodic information, documents and reports which that may be required pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange or the applicable self-regulatory organization as may be prescribed from time to time in such rules and regulations;. (b) The Company covenants and agrees to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and, including Section 314(a)(4) of the Trust Indenture Act. (c) The Company covenants and agrees to transmit by mail mail, first class postage prepaid, or the reputable over-night delivery service that provides for evidence of receipt, to all the Holders of Securities of each seriesDebenture holders, as the their names and addresses of such Holders appear on upon the Security Debenture Register, within thirty (30) 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section 6.3 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 the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Reports by the Company. The Company covenantscovenants so long as Securities are Outstanding: (a) to file with the Trustee Trustee, within thirty (30) 15 days after the Company files 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 that the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to 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 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) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and (c) to transmit by mail mail, or, in the case of global securities, by notice delivered in accordance with the applicable procedures of the U.S. Depositary, to all the Holders holders of Registered Securities of each series, as the names and addresses of such Holders holders appear on the Security Registerregistry books, within thirty (30) 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section 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 the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Reports by the Company. The Company covenantsshall: (a1) to file with the Trustee Trustee, within thirty (30) 15 days after the Company files is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to ; (2) 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; (b) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, Commission such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in of this Indenture as may be required from time to time by such rules and regulations; (3) notwithstanding that the Company 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 quarterly basis on forms PROVIDED for such annual and quarterly reporting pursuant to rules and regulations promulgated by the Commission, provide the Trustee: (A) within time periods required for the filing of such forms by the Commission, annual reports on Form 40-F or 20-F, as applicable (or any successor form); and (cB) within 65 days after the end of each of the first three fiscal quarters of each fiscal year the information required to be contained in reports on Form 6-K (or any successor form) which, regardless of applicable requirements, shall, at a minimum, contain 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 Company has any of its securities so listed. Each of such reports, to the extent permitted by the rules and regulations of the Commission, shall be prepared in accordance with Canadian disclosure requirements and GAAP; PROVIDED, however, that the Company shall not be obligated to file such reports with the Commission if the Commission does not permit such filings; and (4) transmit by mail to all Holders, in the Holders manner and to the extent PROVIDED in Section 313(c) of Securities of each series, as the names and addresses of such Holders appear on the Security RegisterTrust Indenture Act, within thirty (30) 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections paragraphs (a1), (2) and (b3) of this Section 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 '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 Officers’ Officer's Certificates).. ARTICLE EIGHT CONSOLIDATION, MERGER, CONVEYANCE, TRANSFER OR LEASE

Reports by the Company. The Company covenants: (a) The Company covenants and agrees to file with the Trustee Trustee, within thirty (30) 15 days after the Company files 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 that the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file 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) that the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to 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 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 The Nasdaq Stock Market National Market or a national securities exchange as may be prescribed from time to time in such rules and regulations;. (b) The Company covenants and agrees to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and. (c) The Company covenants and agrees to transmit by mail mail, first class postage prepaid, or reputable over-night delivery service that provides for evidence of receipt, to all the Holders of Securities of each seriesSecurityholders, as the their names and addresses of such Holders appear on upon the Security Register, within thirty (30) 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section 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 the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Reports by the Company. The Company covenants: (a) to file with the Trustee Pass Through Trustee, within thirty (30) 30 days after the Company files is required to file the same with the 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 the Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; Act or, if the Company is not required to file information, documents documents, or reports pursuant to either of such sectionsSections of the Exchange Act, then to file with the Pass Through 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 documents, and reports which may that would be required pursuant to Section 13 of the Exchange Act Act, or, in respect of a security listed and registered on a national securities exchange exchange, as may be prescribed from time to time in such rules and regulations; (b) to file with the Pass Through Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture Pass Through Agreement as may be required from time to time by such rules and regulations; and; (c) to transmit by mail to all the Holders of Securities Certificateholders of each series, as Series in the names manner and addresses to the extent required by Section 313(c) of such Holders appear on the Security RegisterTrust Indenture Act, within thirty (30) 30 days after the filing thereof with the Pass Through Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series 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. Delivery ; and (d) furnish to the Pass Through Trustee, on or before each March 15, a brief certificate from the principal executive officer, principal financial officer or principal accounting officer of the Company as to his or her knowledge 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 's compliance with all conditions and covenants under this Pass Through Agreement and each Series Supplement. For purposes of this subsection (d), such compliance shall be determined without regard to any period of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)grace or requirement of notice provided under this Pass Through Agreement or any Series Supplement.

Reports by the Company. The Company covenantsshall: (a) furnish to file with the Trustee Trustee, within thirty (30) 30 days after the Company files is required to file or furnish the same with or to the Commission, copies (which may be electronic copies) of the annual and quarterly reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which that the Company may be required to file with or furnish to the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange Act; orAct of 1934, if the Company is not required as amended; (b) furnish to file information, documents or reports pursuant to either of such sections, then to file with the Trustee and file with or furnish to (as applicable) the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic additional 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) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, and reports with respect to compliance by the Company 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) notwithstanding that the Company may not be required to remain subject to the reporting requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, as amended, 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 Company shall continue to furnish to the Trustee: (i) within 140 days after the end of each fiscal year, the information required to be contained in annual reports on Form 20F, Form 40F or Form 10K, as applicable (or any successor form); and (cii) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) 65 days after the filing end of each of the first three fiscal quarters of each fiscal year, the information required to be contained on Form 6K (or any successor form), which, regardless of applicable requirements, shall at a minimum contain the information required to be provided in quarterly reports under the laws of Canada or any province thereof to securityholders of a corporation with securities listed on the Toronto Stock Exchange, whether or not the Company has any of its securities listed on such exchange. Each of such reports will be prepared in accordance with Canadian or United States disclosure requirements, as required by the appropriate form or report, and generally accepted accounting principles, provided, however, that the Company shall not be so obligated to file such reports with the Trustee, Commission if the Commission does not permit such summaries filings; and (d) file with the Commission and the Trustee and transmit to Holders of any Registered Securities such information, documents and reports required to be filed by the Company with respect to each reports, and such series pursuant to subsections (a) and (b) of this Section summaries thereof, as may be required by rules and regulations prescribed from time to time by the Commission. Delivery of such reports, information and documents pursuant to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)TIA.

Reports by the Company. The Company covenants: (a) to file with the Trustee Trustee, within thirty fifteen (3015) days after the Company files is has filed the same with the 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 the Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section 13 or Section Table of Contents 15(d) of the Exchange Act; or, provided that if the Company is not required to file such information, documents or reports pursuant to either of such sections, then with the Commission it shall not be required to file such reports 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 regulationsthis Indenture; (b) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and; (c) to transmit by mail deliver to the Trustee, for mailing to all Holders by the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30Trustee pursuant to subsection 5.4(c) days after the filing thereof with the Trusteehereof, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section 5.3 as may be required to be transmitted to such Holders by rules and regulations prescribed from time to time by the Commission; and (d) to file with the Trustee written notice of the occurrence of any Default or Event of Default within five Business Days of its becoming aware of any such Default or Event of Default. 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 Officers’ Certificates).

Reports by the Company. The Company covenants: (a) to file with the Trustee within thirty (30) days after the Company files the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the said Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the said Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee and the said Commission, in accordance with rules and regulations prescribed from time to time by the 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) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the said Commission, such additional information, documents, and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and; (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section as may be required by rules and regulations prescribed from time to time by the Commission; and (d) If Unregistered Securities of any series are Outstanding, to file with the listing agent of the Company with respect to such series such documents and reports of the Company as may be required from time to time by the rules and regulations of any stock exchange on which such Unregistered Securities are listed. 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 Officers’ Certificates).

Reports by the Company. The Company covenantsshall: (a) to file with the Trustee Trustee, within thirty (30) 30 days after the Company files is required to file the same with the 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 the Commission SEC may from time to time by rules and regulations prescribe) which the Company may be is required to file with the Commission SEC pursuant to Section section 13 or Section section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee and the CommissionSEC, in accordance with rules and regulations prescribed from time to time by the CommissionSEC, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 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; (b) to file with the Trustee and the CommissionSEC, in accordance with the rules and regulations prescribed from time to time by the CommissionSEC, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants of the Company provided for in this Indenture Agreement, as may be required from time to time by such rules and regulations; and, including, in the case of annual reports, if required by such rules and regulations, certificates or opinions of independent public accountants, conforming to the requirements of Section 1.02; (c) to transmit by mail to all Certificateholders, in the Holders manner and to the extent provided in Section 313(c) of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) days after the filing thereof with the Trustee, Trust Indenture Act such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section 8.04 as may be required by rules and regulations prescribed from time to time by the Commission. Delivery of such reports, information and documents SEC; and (d) furnish to the Trustee is for informational purposes only and Trustee, not less often than annually, a brief certificate from the Trustee’s receipt principal executive officer, principal financial officer or principal accounting officer as to his knowledge 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 all conditions and covenants under this Agreement (it being understood that for purposes of this 61 55 paragraph (d), such compliance shall be determined without regard to any period of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificatesgrace or requirement of notice provided under this Agreement).

Reports by the Company. The Company covenants: (a) The Company covenants and ---------------------- agrees to file with the Trustee Trustee, within thirty (30) 15 days after the Company files 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 the Securities and Exchange Commission may from time to time by rules and regulations prescribe) which that the Company may be is required to file with the Securities and Exchange Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sectionsSections, then to file with the Trustee and the Securities and Exchange Commission, in accordance with rules and regulations prescribed from time to time by the Securities and Exchange Commission, such of the supplementary and periodic information, documents and reports which that 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 Company 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 the Securities and Exchange Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and. (c) The Company covenants and agrees to transmit by mail transmit, in the manner and to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security Registerextent provided in Section 6.04(c), within thirty (30) 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section 6.03 as may be required by rules and regulations prescribed from time to time by the Securities and Exchange 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 Officers’ Certificates).

Reports by the Company. The Company covenants: (a) to The Company will file with the Trustee Trustee, within thirty (30) 15 days after the Company files 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 that the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, if any, 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;. (b) to The Company will file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, if any, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture if and as may be required from time to time by such rules and regulations; and. (c) to The Company will transmit by mail mail, first class postage prepaid, or reputable over-night delivery service that provides for evidence of receipt, to all the Holders of Securities of each seriesNoteholders, as the their names and addresses appear upon the Note Register or as otherwise provided for in Section 313(c) of such Holders appear on the Security RegisterTrust Indenture Act, within thirty (30) 30 days after the filing thereof with the TrusteeTrustee (unless some other time shall be fixed by the Commission), such copies or summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section as may be required by rules and regulations prescribed from time to time by the Commission. . (d) Delivery of such reports, information and documents to the Trustee is for informational purposes only and shall not constitute a representation or warranty as to the accuracy or completeness of the reports, information and documents. 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 their covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ CertificatesCertificates of the Company).

Reports by the Company. The Company covenants: (a) The Company covenants and agrees to file with the Trustee Trustee, within thirty (30) 15 days after the Company files 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 that the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to 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 supplementary and periodic information, documents and reports which that may be required pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange or the applicable self-regulatory organization as may be prescribed from time to time in such rules and regulations;. (b) The Company covenants and agrees to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and, including Section 314(a)(4) of the Trust Indenture Act. (c) The Company covenants and agrees to transmit by mail mail, first class postage prepaid, or the reputable over-night delivery service that provides for evidence of receipt, to all the Holders of Securities of each seriesDebentureholders, as the their names and addresses of such Holders appear on upon the Security Debenture Register, within thirty (30) 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section 6.3 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 the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Reports by the Company. The Company covenants: (a) to shall file with the Trustee Trustee, within thirty (30) 15 days after the Company files 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 that the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934, as amended, and shall otherwise comply with Section 314(a) of the Trust Indenture Act; or. Notwithstanding the prior sentence, if any obligation of the Company is not required to file information, documents or reports with the Trustee pursuant to either of such sections, then the prior sentence shall be deemed to be satisfied for so long as the Guarantor (or any other person that is a successor to the Guarantor’s reporting obligations to the Commission) shall file with the Trustee within the time period provided in the prior sentence copies of the annual reports and of the Commissioninformation, in accordance with rules documents and regulations prescribed 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) that the Guarantor (or any other person that is a successor to the Guarantor’s reporting obligations to the Commission, such ) may be required to file with the Commission pursuant to Section 12 or Section 15(d) of the supplementary Securities Exchange Act of 1934, as amended, and periodic such annual reports, information, documents and other reports which may be contain such information relating to the Company as is 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) to file with the Trustee and the Commission, in accordance with by the rules and regulations prescribed from time to time by the Commission, such additional information, documents, and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section as may be required by rules and regulations prescribed from time to time by the Commission. Delivery of such reports, information information, documents and documents other reports to the Trustee is for informational purposes only and the Trustee’s receipt of such reports, information, documents and other reports shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s or the Guarantor’s compliance with any of its their covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Reports by the Company. The Company covenants: (a) to The Company shall file with the Trustee Trustee, within thirty (30) 15 days after the Company files 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 the said Commission may from time to time by rules and regulations prescribe) relating to the equity or debt securities of the Company which the Company may be required to file with the said Commission pursuant to Section section 13 or Section section 15(d) of the Securities Exchange ActAct of 1934; or, if the Company is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee and the said Commission, in accordance with rules and regulations prescribed from time to time by the said Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section section 13 of the Securities Exchange Act of 1934 in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations;. (b) to The Company shall file with the Trustee and the Securities and Exchange Commission, in accordance with the rules and regulations prescribed from time to time by the said Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and. (c) to The Company shall transmit by mail to all each Holder of Securities, in the Holders of Securities of each series, as manner and to the names and addresses of such Holders appear on the Security Registerextent provided in Section 6.04, within thirty (30) 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section 6.03 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 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 Officers’ ' Certificates).

Reports by the Company. The For so long as any Securities are outstanding, if the Company covenants: (ais subject to Section 13(a) or 15(d) of the Exchange Act or any successor provision, the Company will deliver to file with the Trustee within thirty (30) days after the Company files the same with the Commission, copies of the annual reports, quarterly reports and of the information, other documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be it is required to file with the Commission pursuant to Section 13 13(a) or 15(d) or any successor provision, within 15 days after the date that the Company files the same with the Commission. If the Company is not subject to Section 13(a) or 15(d) of the Exchange Act; orAct or any successor provision, and for so long as any Securities are outstanding, the Company will deliver to the Trustee the quarterly and annual financial statements and accompanying Item 303 of Regulation S-K (“management’s discussion and analysis of financial condition and results of operations”) disclosure that would be required to be contained in annual reports on Form 10-K and quarterly reports on Form 10-Q required to be filed with the Commission if the Company is was subject to Section 13(a) or 15(d) of the Exchange Act or any successor provision, within 15 days of the filing date that would be applicable to the Company at that time pursuant to applicable Commission rules and regulations. Reports and other documents filed with the Commission via the EXXXX system will be deemed to be delivered to the Trustee as of the time of such filing via EXXXX for purposes of this covenant; provided, however, that the Trustee shall have no obligation whatsoever to determine whether or not required to file such information, documents or reports pursuant to either of such sections, then to 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; (b) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be have been filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section as may be required by rules and regulations prescribed from time to time by the Commissionvia EXXXX. 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 its compliance with any of its the covenants hereunder relating to the Securities (as to which the Trustee is entitled to rely exclusively on Officers’ Certificatesan Officer’s Certificate).

Reports by the Company. The Company covenants:Section 7.04 of the Base Indenture shall not apply to the Notes. Instead, the provisions of this Section 5.01 shall, with respect to the Notes, supersede in its entirety Section 7.04 of the Base Indenture and all references in the Base Indenture to Section 7.04 thereof shall be deemed, for the purposes of the Notes, to be references to this Section 5.01. (a) to The Company will: (i) file with the Trustee Trustee, within thirty (30) 15 days after the Company files is required to file the same with the CommissionCommission (giving effect to any grace period provided by Rule 12b-25 under the Exchange Act), 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 the Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sectionsSections, then to it 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 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 (bii) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this of the Indenture as may be required from time to time by such rules and regulations; and. (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty (30) days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (a) and (b) of this Section as may be required by rules and regulations prescribed from time to time by the Commission. Delivery of such reports, information information, and documents to the Trustee is for informational purposes 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 (as to which the Trustee is entitled to conclusively rely exclusively on Officers’ Certificates). Notwithstanding anything to the contrary set forth herein, for the purposes of this Section 5.01, any information, documents or reports filed electronically with the Commission and made publicly available shall be deemed filed with and delivered to the Trustee at the same time as filed with the Commission.

Reports by the Company. The Company covenants:: ---------------------- (a) to file with the Trustee Trustee, within thirty (30) 30 days after the Company files is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Company is not required to file information, documents or reports pursuant to either of such sectionsSections, then to file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Securities Exchange Act of 1934, as amended, in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations; (b) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security RegisterSecurities, within thirty (30) 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 Company with respect to each such series pursuant to subsections (a) and (b) of this Section 9.05, 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 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including information concerning the Company’s 's compliance with any of its covenants hereunder (as to which hereunder, provided that the foregoing shall not relieve the Trustee is entitled to rely exclusively on Officers’ Certificates)of any of its -------- responsibilities hereunder.

Reports by the Company. The Company covenants: (a) to file with the Trustee Trustee, within thirty (30) 15 days after the Company files is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of such sectionsSections, then to file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Securities Exchange Act 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) to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents, documents and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; and (c) to transmit by mail to all the Holders of Securities of each series, as in the names manner and addresses of such Holders appear on to the Security Register, extent provided in Section 5.4 within thirty (30) 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company with respect to each such series pursuant to subsections (aSections 5.3(a) and (b) of this Section as may be required to be transmitted to such Holders by rules and regulations prescribed from time to time by the Commission. Delivery The delivery of such reports, information and documents to the Trustee pursuant to this Section 5.3 is for informational purposes 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 (as to which the Trustee is entitled to rely exclusively on Officers’ Officer’s Certificates)) other than with respect to Section 7.2.