Common use of Reports by the Company Clause in Contracts

Reports by the Company. (a) The Company covenants and agrees to provide (which delivery may be via electronic mail) to the Trustee within 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) that the Company is required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; provided, however, the Company shall not be required to deliver to the Trustee any correspondence filed with the SEC or any materials for which the Company has sought and received confidential treatment by the Commission. For the avoidance of doubt, a failure by the Company to file annual reports, information and other reports with the SEC within the time period prescribed thereof by the Commission shall not be deemed a breach of this Section 5.03. (b) Delivery of reports, information and documents to the Trustee under Section 5.03 is for informational purposes only and the information and the Trustee’s receipt of the foregoing shall not constitute constructive notice of any information contained therein, or determinable from information contained therein including the Company’s compliance with any of their covenants thereunder (as to which the Trustee is entitled to rely exclusively on an Officer’s Certificate).

Reports by the Company. (a) The Company covenants and agrees to provide (which delivery may be via electronic mail) to the Trustee Trustee, (i) annually, within 30 daysone hundred twenty (120) days following December 31st, a written statement certifying that to the knowledge of the Company’s officers the Company is in compliance with this Indenture, or specifying any Event of Default hereunder; and (ii) within 15 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) that the Company is required to file files with the Commission SEC pursuant to Section 13 or Section 15(d) of the Exchange ActAct or Rule 257 of Regulation A; provided, however, the Company shall not be required to deliver to the Trustee any correspondence filed with the SEC or any materials for which the Company has sought and received confidential treatment by the Commission. For the avoidance of doubtSEC; and provided further, a failure so long as such filings by the Company are available on the SEC’s Electronic Data Gathering, Analysis and Retrieval System (XXXXX), such filings shall be deemed to file annual reports, information and other reports have been filed with the SEC within the time period prescribed thereof Trustee for purposes of this Section 5.03 without any further action required by the Commission Company, provided, however, that the Trustee shall not be deemed a breach have no obligation whatsoever to determine if such filing has been so made and shall have no obligation to review any of the reports or other documentation delivered to it under this Section 5.03. (b) Delivery of reports, information and documents to the Trustee under Section 5.03 is for informational purposes only and the information and the Trustee’s receipt of the foregoing shall not constitute constructive notice of any information contained therein, or determinable from information contained therein including the Company’s compliance with any of their covenants thereunder (as to which the Trustee is entitled to rely exclusively on an Officer’s Certificate).

Reports by the Company. (a) The Company covenants and agrees to provide (which delivery may be via electronic mail) to the Trustee within 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) that the Company is required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; provided, however, the Company shall not be required to deliver to the Trustee any correspondence filed with the SEC or any materials for which the Company has sought and received confidential treatment by the Commission; and provided further, that so long as such filings by the Company are available on the Commission’s Electronic Data Gathering, Analysis and Retrieval System (XXXXX), or Interactive Data Electronic Applications (IDEA), 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. For the avoidance of doubt, a failure by the Company to file annual reports, information and other reports with the SEC within the time period prescribed thereof by the Commission shall not be deemed a breach of this Section 5.03. (b) Delivery of reports, information and documents to the Trustee under Section 5.03 is for informational purposes only and the information and the Trustee’s receipt of the foregoing shall not constitute constructive notice of any information contained therein, or determinable from information contained therein including the Company’s compliance with any of their covenants thereunder (as to which the Trustee is entitled to rely exclusively on an Officer’s Certificate).

Reports by the Company. (a) The Each of the Guarantors and the Company covenants and agrees to provide (which delivery may be via electronic mailcomply with Section 314(a) to the Trustee within 30 days, after the Company files the same with the Commission, copies of the annual reports and of the Trust Indenture Act insofar as it relates to information, documents documentation and other reports (which the Guarantors 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 is may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; provided, however, the Company shall not be required to deliver to the Trustee any correspondence filed with the SEC or any materials for which the Company has sought and received confidential treatment by the Commission. For the avoidance of doubt, a failure by the Company to file annual reports, information and other reports with the SEC within the time period prescribed thereof by the Commission shall not be deemed a breach of this Section 5.03. (b) The Company shall file with the Trustee, within 15 days after the same are filed with the Commission, copies of any documents or reports that Iterum is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act (excluding any such information, documents or reports, or portions thereof, subject to confidential treatment and any correspondence with the Commission). Any such document or report that Iterum files with the Commission via the Commission’s XXXXX system shall be deemed to be filed with the Trustee for purposes of this Section 5.04(b) at the time such documents are filed via the XXXXX system, it being understood that the Trustee shall not be responsible for determining whether such filings have been made. (c) Delivery of reports, information the reports and documents described in subsection (b) above to the Trustee under Section 5.03 is for informational purposes only and the information only, and the Trustee’s receipt of the foregoing such shall not constitute constructive notice of any information contained therein, therein or determinable from information contained therein therein, including the Company’s or any Guarantor’s compliance with any of their its covenants thereunder hereunder (as to which the Trustee is entitled to conclusively rely exclusively on an Officer’s Certificate).

Reports by the Company. (a) The Company covenants and agrees to provide (which delivery may be via electronic mail) to the Trustee within 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) that the Company is required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; provided, however, the Company shall not be required to deliver to the Trustee any correspondence filed with the SEC Commission or any materials for which the Company has sought and received confidential treatment by the Commission; and provided further, that so long as such filings by the Company are available on the Commission’s Electronic Data Gathering, Analysis and Retrieval System (EXXXX), 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. For the avoidance of doubt, a failure by the Company to file annual reports, information and other reports with the SEC within the time period prescribed thereof by the Commission shall not be deemed a breach of this Section 5.03. (b) Delivery of reports, information and documents to the Trustee under Section 5.03 is for informational purposes only and the information and the Trustee’s receipt of the foregoing shall not constitute constructive notice of any information contained therein, or determinable from information contained therein including the Company’s compliance with any of their covenants thereunder (as to which the Trustee is entitled to rely exclusively on an Officer’s Certificate).

Reports by the Company. (a) The Company covenants and agrees to provide (which delivery may be via electronic mail) to the Trustee within 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) that the Company is required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; provided, however, the Company shall not be required to deliver to the Trustee any correspondence filed with the SEC or any materials for which the Company has sought and received confidential treatment by the Commission; and provided further, that so long as such filings by the Company are available on the Commission’s Electronic Data Gathering, Analysis and Retrieval System (XXXXX), 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. For the avoidance of doubt, a failure by the Company to file annual reports, information and other reports with the SEC within the time period prescribed thereof by the Commission shall not be deemed a breach of this Section 5.03. (b) Delivery of reports, information and documents to the Trustee under Section 5.03 is for informational purposes only and the information and the Trustee’s receipt of the foregoing shall not constitute constructive notice of any information contained therein, or determinable from information contained therein including the Company’s compliance with any of their covenants thereunder (as to which the Trustee is entitled to rely exclusively on an Officer’s Certificate).

Reports by the Company. (a) The Company covenants and agrees to provide (which delivery may be via electronic mail) to the Trustee Trustee, (i) monthly reports of its cash and cash equivalents; (ii) annually, within 30 daysone hundred twenty (120) days following December 31st, a written statement certifying that to the knowledge of the Company's officers the Company is in compliance with this Indenture, or specifying any Event of Default hereunder; and (iii) within 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) that the Company is required to file files with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; provided, however, the Company shall not be required to deliver to the Trustee any correspondence filed with the SEC or any materials for which the Company has sought and received confidential treatment by the Commission. For the avoidance of doubt; and provided further, a failure so long as such filings by the Company are available on the Commission's Electronic Data Gathering, Analysis and Retrieval System (XXXXX), such filings shall be deemed to file annual reports, information and other reports have been filed with the SEC within the time period prescribed thereof by the Commission shall not be deemed a breach Trustee for purposes of this Section 5.03. (b) Delivery of reports5.03 without any further action required by the Company, information and documents to provided, however, that the Trustee under shall have no obligation whatsoever to determine if such filing has been so made. The Company will also comply with the other provisions of Section 5.03 is for informational purposes only and the information and the Trustee’s receipt 314(a) of the foregoing shall not constitute constructive notice of any information contained therein, or determinable from information contained therein including the Company’s compliance with any of their covenants thereunder (as to which the Trustee is entitled to rely exclusively on an Officer’s Certificate)Trust Indenture Act.

Reports by the Company. (a) [Reserved] (b) The Company covenants and agrees to provide (which delivery may be via electronic mail) shall send to the Trustee within 30 days, fifteen days after the Company files the same is required to be filed with the Commission, copies of the quarterly and 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) reports, if any, that the Company is required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act (giving effect to any grace period provided by Rule 12b-25 under the Exchange Act; provided), however, and the Company shall not otherwise comply with the requirements of Trust Indenture Act Section 314(a). Any such report, information or document that the Company files with the Commission through the Commission’s XXXXX database shall be required to deliver deemed delivered to the Trustee any correspondence filed with the SEC or any materials for which the Company has sought and received confidential treatment by the Commission. For the avoidance of doubt, a failure by the Company to file annual reports, information and other reports with the SEC within the time period prescribed thereof by the Commission shall not be deemed a breach purposes of this Section 5.035.06(b) at the time of such filing through the XXXXX database; provided however, that the Trustee shall have no obligation whatsoever to determine if such filing has taken place. (bc) Delivery of the reports, information and documents described in clause (b) above to the Trustee under Section 5.03 is for informational purposes only and the information only, and the Trustee’s receipt of the foregoing such shall not constitute constructive notice of any information contained therein, therein or determinable from information contained therein therein, including the Company’s compliance with any of their its covenants thereunder hereunder (as to which the Trustee is entitled to conclusively rely exclusively on an Officer’s Officers’ Certificate).

Reports by the Company. (a) The Notwithstanding that the Company covenants and agrees to provide (which delivery may not at any time be via electronic mail) subject to the Trustee within 30 daysreporting requirements of Section 13 or 15(d) of the Exchange Act, after the Company files the same shall file with the Commission, copies of Commission (to the extent the Commission will accept such filing) and provide the Trustee and Securityholders with such annual reports and of the such 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 are specified in Sections 13 and regulations prescribe) that the Company is required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; providedAct and applicable to a U.S. Person subject to such Sections (but without exhibits in the case of Securityholders), howeversuch information, the Company shall not be required to deliver to the Trustee any correspondence filed with the SEC or any materials for which the Company has sought and received confidential treatment by the Commission. For the avoidance of doubt, a failure by the Company to file annual reports, information documents and other reports with to be so filed and provided at the SEC within times specified for the time period prescribed thereof by the Commission shall not be deemed a breach filing of this Section 5.03. (b) such information, documents and reports under such Sections. Delivery of such reports, information and documents to the Trustee under pursuant to this Section 5.03 is for informational purposes only and the information and the Trustee’s 's receipt of the foregoing such shall not constitute constructive notice of any information contained therein, therein or determinable from information contained therein therein, including the Company’s 's compliance with any of their its covenants thereunder hereunder (as to which the Trustee is entitled to rely exclusively on an Officer’s CertificateOfficers' Certificates). (b) In addition, the Company shall furnish to the Securityholders and to prospective investors, upon the request of such Securityholders, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as any Securities are not freely transferable under the Securities Act. (c) The Company also shall comply with the other provisions of TIA Section 314(a).

Reports by the Company. (a) Section 7.04 of the Base Indenture shall not apply to the Notes. (b) The Company covenants and agrees to provide (which delivery may be via electronic mail) shall deliver to the Trustee Trustee, within 30 days, 15 days after the Company files the same filing with the Securities and Exchange Commission (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) that the Company is required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; provided. Any such report, however, information or document that the Company shall not files with the Commission through the EXXXX system (or any successor thereto) will be required deemed to deliver be delivered to the Trustee any correspondence filed with for the SEC purpose of this covenant at the time of such filing through the EXXXX system (or any materials for which successor thereto), it being understood that the Company has sought and received confidential treatment by the Commission. For the avoidance of doubt, a failure by the Company Trustee shall have no responsibility to file annual reports, information and other reports with the SEC within the time period prescribed thereof by the Commission shall not be deemed a breach of this Section 5.03determine if such filings have been made. (bc) Delivery of reports, information the reports and documents described in subsection (b) to the Trustee under Section 5.03 or to any Holder is for informational purposes only and the information only, and the Trustee’s or such Holder’s receipt of the foregoing such shall not constitute constructive notice of any information contained therein, therein or determinable from information contained therein therein, including the Company’s compliance with any of their its covenants thereunder hereunder (as to which the Trustee is entitled to conclusively rely exclusively on an Officer’s Officers’ Certificate).

Reports by the Company. (a) The Company covenants and agrees to provide (which delivery may be via electronic mail) to the Trustee within 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) that the Company is required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; provided, however, the Company shall not be required to deliver to the Trustee any correspondence filed with the SEC or any materials for which the Company has sought and received confidential treatment by the Commission; and provided further, that so long as such filings by the Company are available on the Commission’s Electronic Data Gathering, Analysis and Retrieval System (EXXXX), or Interactive Data Electronic Applications (IDEA), 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. For the avoidance of doubt, a failure by the Company to file annual reports, information and other reports with the SEC within the time period prescribed thereof by the Commission shall not be deemed a breach of this Section 5.03. (b) Delivery of reports, information and documents to the Trustee under Section 5.03 is for informational purposes only and the information and the Trustee’s receipt of the foregoing shall not constitute constructive notice of any information contained therein, or determinable from information contained therein including the Company’s compliance with any of their covenants thereunder (as to which the Trustee is entitled to rely exclusively on an Officer’s Certificate).

Reports by the Company. (a) The Company covenants and agrees to provide (which delivery may be via electronic mail) to shall file with the Trustee Trustee, within 30 daysdays after it files such annual and quarterly reports, after the Company files the same information, documents and other reports with the CommissionSEC, copies of the its annual reports report 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) that which the Company is required to file with the Commission SEC pursuant to Section 13 or Section 15(d) of the Exchange Act; providedprovided that any such annual and quarterly reports, howeverinformation, the Company shall not be required to deliver to the Trustee any correspondence documents and other reports and information filed with the SEC or any materials for which the Company has sought and received confidential treatment by the Commission. For the avoidance of doubt, a failure may be provided by the Company to file annual reports, information and other reports the Trustee electronically. The Company shall comply with the SEC within the time period prescribed thereof by the Commission shall not be deemed a breach other provisions of this TIA Section 5.03. (b) 314(a). Delivery of reportssuch information, information documents and documents reports to the Trustee under Section 5.03 is for informational purposes only and the information and the Trustee’s receipt of the foregoing such shall not constitute constructive notice of any information contained therein, therein or determinable from information contained therein therein, including the Company’s compliance with any of their its covenants thereunder hereunder (as to which the Trustee is entitled to rely exclusively on an Officer’s CertificateOfficers’ Certificates). At any time when the Company is not subject to Section 13 or 15(d) of the Exchange Act, upon request of Holders and prospective purchasers of Securities thereof, the Company shall file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations.

Reports by the Company. (a) The Company covenants and agrees to provide (which delivery may be via electronic mail) Section 6.03 of the Base Indenture shall not apply to the Trustee within 30 days, after Notes. (b) Whether or not the Company files the same is then required to file reports with the Commission, copies of the annual Company shall file with the Commission all such reports and of the information, documents and other reports (or copies of such portions of any of the foregoing information as the Commission may from time to time by rules and regulations prescribe) that the Company is would be required to file with the Commission pursuant to Section 13 13(a) or Section 15(d) of under the Exchange Act; provided, however, Act if the Company were subject thereto within the time periods specified by the Commission’s rules and regulations. The Company shall not be required to deliver supply to the Trustee any correspondence and to each Holder who so requests or shall supply to the Trustee for forwarding to each such Holder, without cost to such Holder, copies of such reports and other information. The Company shall be deemed to have complied with this covenant to the extent that AK Holding files all reports and other information required to be filed with the SEC Commission by Section 13(a) or any materials for which 15(d) under the Company has sought Exchange Act relating to AK Holding and received confidential treatment by its consolidated Subsidiaries, including the Commission. For the avoidance of doubt, a failure by the Company to file annual reports, information and other reports with the SEC within the time period prescribed thereof by the Commission shall not be deemed a breach of this Section 5.03Company. (bc) Delivery of reports, information the reports and documents described in subsection (b) to the Trustee under Section 5.03 or to any Holder is for informational purposes only and the information only, and the Trustee’s or such Holder’s receipt of the foregoing such shall not constitute constructive notice of any information contained therein, therein or determinable from information contained therein therein, including the Company’s compliance with any of their its covenants thereunder hereunder (as to which the Trustee is entitled to conclusively rely exclusively on an Officer’s Officers’ Certificate).

Reports by the Company. (a) The Company covenants and agrees to provide (which delivery may be via electronic mail) to shall, so long as any Debt Securities of any Series are Outstanding, file with the Trustee within 30 days, after the Company files the same with and the Commission, copies of the annual reports and of the transmit to Holders, such information, documents and other reports, and such summaries thereof, as may be required pursuant to the TIA at the times and in the manner provided pursuant to such Act; provided, that any such information, documents or 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 is required to file be filed with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange Act; provided, however, the Company Act of 1934 shall not be required to deliver to the Trustee any correspondence filed with the SEC or any materials for which Trustee within thirty (30) days after the Company has sought and received confidential treatment by same is so required to be filed with the Commission. For the avoidance of doubt, a failure by the Company to file annual reports, information and other reports with the SEC within the time period prescribed thereof by the Commission shall not be deemed a breach of this Section 5.03. (b) Delivery of such reports, information and documents to the Trustee under Section 5.03 is for informational purposes only and the information and the Trustee’s receipt of the foregoing such shall not constitute constructive notice of any information contained therein, therein or determinable from information contained therein therein, including the Company’s compliance with any of their its covenants thereunder hereunder (as to which the Trustee is entitled to rely exclusively on an Officer’s CertificateCertificates). All required information, documents and other reports referred to in this Section 6.04 shall be deemed filed with the Trustee and transmitted to the Holders at the time such information, documents or other reports are publicly filed with the Commission via the Commission’s XXXXX filing system (or any successor system); provided, however, that the Trustee shall have no responsibility to determine whether or not such filing has taken place.

Reports by the Company. (a) The Company covenants and agrees to provide (which delivery may be via electronic mail) to shall, so long as any Debt Securities of any Series are Outstanding, file with the Trustee within 30 days, after the Company files the same with and the Commission, copies of the annual reports and of the transmit to Holders, such information, documents and other reports, and such summaries thereof, as may be required pursuant to the TIA at the times and in the manner provided pursuant to such Act; provided, that any such information, documents or 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 is required to file be filed with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange Act; provided, however, Act of 1934 shall be filed with the Company shall not be Trustee within thirty (30) days after the same is so required to deliver be filed with the Commission. Delivery of such information, documents and other reports to the Trustee any correspondence filed with the SEC or any materials for which the Company has sought and received confidential treatment by the Commission. For the avoidance of doubt, a failure by the Company to file annual reports, information and other reports with the SEC within the time period prescribed thereof by the Commission shall not be deemed a breach of this Section 5.03. (b) Delivery of reports, information and documents to the Trustee under Section 5.03 is for informational purposes only and the information and the Trustee’s receipt of the foregoing such shall not constitute constructive notice of any information contained therein, therein or determinable from information contained therein therein, including the Company’s compliance with any of their its covenants thereunder hereunder (as to which the Trustee is entitled to rely exclusively on an Officer’s CertificateCertificates). All required information, documents and other reports referred to in this Section 6.04 shall be deemed filed with the Trustee and transmitted to the Holders at the time such information, documents or other reports are publicly filed with the Commission via the Commission’s XXXXX filing system (or any successor system); provided, however, that the Trustee shall have no responsibility to determine whether or not such filing has taken place.

Reports by the Company. (a) The Company and each Subsidiary Guarantor covenants and agrees to provide (which delivery may be via electronic mail) to file with the Trustee Trustee, within 30 days, 15 days after the Company files the same and each Subsidiary Guarantor is required to file 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) that which the Company and each Subsidiary Guarantor is required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; provided. Filing of any such annual report, howeverinformation, documents and such other reports on the Company shall not be required to deliver to the Trustee any correspondence filed with the SEC Commission’s XXXXX system (or any materials for which the Company has sought and received confidential treatment by the Commission. For the avoidance of doubt, a failure by the Company to file annual reports, information and successor thereto) or any other reports with the SEC within the time period prescribed thereof publicly available database maintained by the Commission shall not be deemed a breach to satisfy the requirements of this Section 5.03. (b) 4.07, provided that the Trustee shall have no duty to determine whether any such filing shall have occurred. Delivery of such reports, information and documents to the Trustee under Section 5.03 is for informational purposes only and the information and the Trustee’s receipt of the foregoing such shall not constitute notice or constructive notice of any information contained therein, therein or determinable from information contained therein therein, including the Company’s or any Subsidiary Guarantor’s compliance with any of their its covenants thereunder hereunder (as to which the Trustee is entitled to rely exclusively on an Officer’s CertificateOfficers’ Certificates or certificates delivered to the Trustee pursuant to Section 4.03).

Reports by the Company. (a1) The Company covenants and agrees to provide (which delivery may be via electronic mail) to the Trustee within 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) that the Company is required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; provided, however, the Company shall not be required to deliver to the Trustee any correspondence filed with the SEC or any materials for which the Company has sought and received confidential treatment by the Commission; and provided further, that so long as such filings by the Company are available on the Commission’s Electronic Data Gathering, Analysis and Retrieval System (XXXXX) 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; provided that an electronic link to such filing, together with an electronic notice of such filing have been sent to the Trustee. For the avoidance of doubt, a failure by the Company to file annual reports, information and other reports with the SEC within the time period prescribed thereof by the Commission shall not be deemed a breach of this Section 5.03. (b2) Delivery of reports, information and documents to the Trustee under Section 5.03 is for informational purposes only and the information and the Trustee’s receipt of the foregoing shall not constitute constructive notice of any information contained therein, or determinable from information contained therein including the Company’s compliance with any of their covenants thereunder (as to which the Trustee is entitled to rely exclusively on an Officer’s Certificate).

Reports by the Company. (a) The Company covenants shall file with the Trustee, within 15 days after it files such annual and agrees to provide (which delivery may be via electronic mail) to the Trustee within 30 daysquarterly reports, after the Company files the same information, documents and other reports with the Commission, copies of the its annual reports report 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) that which the Company is required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; providedprovided that any such annual and quarterly reports, howeverinformation, the Company shall not be required to deliver to the Trustee any correspondence documents and other reports and information filed with the SEC or any materials for which the Company has sought and received confidential treatment by the Commission. For the avoidance of doubt, a failure Commission may be provided by the Company to file annual reports, information and other reports the Trustee electronically. The Company shall comply with the SEC within the time period prescribed thereof by the Commission shall not be deemed a breach other provisions of this TIA Section 5.03. (b) 314(a). Delivery of reportssuch information, information documents and documents reports to the Trustee under Section 5.03 is for informational purposes only and the information and the Trustee’s receipt of the foregoing such shall not constitute constructive notice of any information contained therein, therein or determinable from information contained therein therein, including the Company’s compliance with any of their its covenants thereunder hereunder (as to which the Trustee is entitled to rely exclusively on an Officer’s CertificateOfficers’ Certificates). At any time when the Company is not subject to Section 13 or 15(d) of the Exchange Act, upon request of Holders and prospective purchasers of Securities thereof, the Company shall file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations.

Reports by the Company. (a) The Company covenants and agrees to provide (which delivery may be via electronic mail) to the Trustee within 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) that the Company is required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; provided, however, the Company shall not be required to deliver to the Trustee any correspondence filed with the SEC Commission or any materials for which the Company has sought and received confidential treatment by the Commission; and provided further, that so long as such filings by the Company are available on the Commission’s Electronic Data Gathering, Analysis and Retrieval System (XXXXX), 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. For the avoidance of doubt, a failure by the Company to file annual reports, information and other reports with the SEC within the time period prescribed thereof by the Commission shall not be deemed a breach of this Section 5.03. (b) Delivery of reports, information and documents to the Trustee under Section 5.03 is for informational purposes only and the information and the Trustee’s receipt of the foregoing shall not constitute constructive notice of any information contained therein, or determinable from information contained therein including the Company’s compliance with any of their covenants thereunder (as to which the Trustee is entitled to rely exclusively on an Officer’s Certificate).

Reports by the Company. (a) The Company covenants shall file with the Trustee, within 15 days after it files such annual and agrees to provide (which delivery may be via electronic mail) to the Trustee within 30 daysquarterly reports, after the Company files the same information, documents and other reports with the Commission, copies of the its annual reports report 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) that which the Company is required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; providedprovided that any such annual and quarterly reports, howeverinformation, the Company shall not be required to deliver to the Trustee any correspondence documents and other reports and information filed with the SEC or any materials for which the Company has sought and received confidential treatment by the Commission. For the avoidance of doubt, a failure Commission may be provided by the Company to file annual reports, information and other reports the Trustee electronically. The Company shall comply with the SEC within the time period prescribed thereof by the Commission shall not be deemed a breach other provisions of this TIA Section 5.03. (b) 314(a). Delivery of reportssuch information, information documents and documents reports to the Trustee under Section 5.03 is for informational purposes only and the information and the Trustee’s receipt of the foregoing such shall not constitute constructive notice of any information contained therein, therein or determinable from information contained therein therein, including the Company’s compliance with any of their its covenants thereunder hereunder (as to which the Trustee is entitled to rely exclusively on an Officer’s CertificateCertificates). At any time when the Company is not subject to Section 13 or 15(d) of the Exchange Act, upon request of Holders and prospective purchasers of Securities thereof, the Company shall file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations.