Common use of Reports by the Company Clause in Contracts

Reports by the Company. (a) The Company shall file with the Trustee, within fifteen (15) days after the Company is required to file the same with the SEC, after 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 and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) that the Company may be required to file with the 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 the Company shall file with the Trustee and the SEC, in accordance with rules and regulations prescribed from time to time by the SEC and within fifteen (15) days after such information, documents or reports are due with respect to a non-accelerated filer and after giving effect to any grace period provided by Rule 12b-25 under the Exchange Act, such information, documents or reports 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. Notwithstanding the foregoing, (i) the Company will be deemed to have furnished such information, documents or reports referred to above to the Trustee if the Company has filed such information, documents or reports with the SEC via the XXXXX filing system (or any successor system) or, if at any time the Company is no longer subject to reporting under Section 13 or 15(d) of the Exchange Act and is not permitted to file such information, documents or reports with the SEC, if the Company posts such information, documents or reports on the Company’s publicly available website and (ii) if at any time the Company is no longer subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company will not be deemed to have failed to comply with any of its obligations under this Section 6(a) until thirty (30) days after the date any information, document or report hereunder is required to be filed with the Trustee.

Reports by the Company. (a) The With respect to the Securities of any series, the Company shall file with will deliver to the Trustee, within fifteen (15) 15 days after the Company it is required to file the same them with the SEC, after giving effect to any grace period provided by Rule 12b-25 under the Exchange ActCommission, copies of the of: (A) annual reports on Form 10-K (or any successor or comparable form) containing the information required to be contained therein (or required in such successor or comparable form); (B) reports on Form 10-Q (or any successor or comparable form) containing the information required to be contained therein (or required in such successor or comparable form); (C) reports on Form 8-K (or any successor or comparable form) containing the information required to be contained therein (or required in such successor or comparable form); and of the (D) any other information, documents and or other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) that which the Company may would be required to file with the SEC Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; orprovided, however, if the Company is not required obligated to file the information, documents and reports described in clauses (A), (B), (C) or reports pursuant to either (D) of this sentence with the Commission, or if the Commission does not permit such sectionsfiling, then the Company shall file with make available such information, documents and reports to prospective purchasers of the Securities of such series, in addition to providing such information to the Trustee and the SECHolders of the Securities of such series, in accordance with rules and regulations prescribed from time to time by the SEC and each case within fifteen (15) 30 days after the time the Company would have been required to file such informationinformation with the Commission, documents if it were subject to Section 13 or reports are due with respect to a non-accelerated filer and after giving effect to any grace period provided by Rule 12b-25 under 15(d) of the Exchange Act, such information, documents or reports 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. Notwithstanding the foregoing, (i) the The Company will shall be deemed to have furnished such information, documents or reports referred to above to the Trustee Trustee, the Holders of the Securities of such series and/or prospective purchasers of the Securities of such series, if the Company has filed such information, documents or reports with the SEC Commission via the XXXXX filing system (or any successor system) or, if at any time the Company is no longer subject to reporting under Section 13 or 15(d) of the Exchange Act and is not permitted to file such information, documents or reports with the SEC, if the Company posts and/or posted such information, documents or reports on the Company’s publicly available website and such information, documents or reports are publicly available. The Trustee shall have no obligation to determine whether or not such information, documents or reports have been filed through the XXXXX filing system (iior such successor thereto) if at or posted on the Company’s website. For so long as any time Securities of such series remain Outstanding during any period when the Company is no longer not subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, or otherwise permitted to furnish the Commission with information pursuant to Rule 12g3-2(b) under the Exchange Act, the Company will furnish to the Holders of the Securities of such series and to prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. The Company will transmit by mail to all Holders of the Securities of any series, as the names and addresses of such Holders appear upon the register, within 30 days after the filing thereof with the Trustee, the summaries of information, documents and reports required to be filed by the Company, if any, pursuant to this Indenture as may be required by rules and regulations prescribed from time to time by the Commission. Delivery to the Trustee of any such reports, certificates, information or documents or any annual reports, information, documents and other reports pursuant to Section 314(a) of the Trust Indenture Act is for informational purposes only and the Trustee’s receipt of such shall not be deemed to have failed to comply constitute constructive notice of any information contained therein or determinable from information contained therein, including compliance by the Company with any of its obligations under this Section 6(a) until thirty covenants with respect to such series hereunder (30) days after as to which the date any information, document or report hereunder Trustee is required entitled to be filed with the Trustee.rely exclusively on Officers’ Certificates). ARTICLE ELEVEN

Reports by the Company. (a) The Company shall covenants and agrees to file with the Trustee, within fifteen (15) 30 days after the Company is required to file the same with the SEC, after giving effect to any grace period provided by Rule 12b-25 under the Exchange ActCommission, 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 SEC Commission may from time to time by rules and regulations prescribe) that the Company may be required to file with the SEC 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 the Company shall to file with the Trustee and the SECCommission, in accordance with the rules and regulations prescribed from time to time by the SEC Commission, such of the supplementary and within fifteen (15) days after such periodic information, documents or reports are due with respect to a non-accelerated filer and after giving effect to any grace period provided by Rule 12b-25 under the Exchange Act, such information, documents or reports 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. Notwithstanding (b) The Company covenants and agrees to file with the foregoingTrustee and the Commission, (i) in accordance with the Company will be deemed rules and regulations prescribed from to have furnished 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. (c) The Company covenants and agrees to transmit by mail, first class postage prepaid, or reports referred to above reputable over-night delivery service that provides for evidence of receipt, to the Trustee if Securityholders, as their names and addresses appear upon the Company has filed Security Register, within 30 days after the filing thereof with the Trustee, such summaries of any information, documents or and reports with the SEC via the XXXXX filing system (or any successor system) or, if at any time the Company is no longer subject to reporting under Section 13 or 15(d) of the Exchange Act and is not permitted to file such information, documents or reports with the SEC, if the Company posts such information, documents or reports on the Company’s publicly available website and (ii) if at any time the Company is no longer subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company will not be deemed to have failed to comply with any of its obligations under this Section 6(a) until thirty (30) days after the date any information, document or report hereunder is required to be filed with by the Trustee.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. SECTION 5.04

Reports by the Company. The Company, pursuant to Section 314(a) of the Trust Indenture Act, shall: (a1) The Company shall file with the Trustee, within fifteen (15) 15 days after the Company is required to file files the same with the SEC, after giving effect to any grace period provided by Rule 12b-25 under the Exchange ActCommission, 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 SEC Commission may from time to time by rules and regulations prescribe) that which the Company may be required to file with the SEC 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 Company shall 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 SECCommission, in accordance with rules and regulations prescribed from time to time by the SEC Commission, such additional information, documents and reports with respect to compliance by the Company, with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and (3) transmit within fifteen (15) 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 pursuant to clauses (1) and (2) 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 due publicly available shall be deemed to be filed with respect the Trustee. The Trustee shall have no obligation whatsoever to a non-accelerated filer and after giving effect to any grace period provided by Rule 12b-25 under the Exchange Act, determine whether or not such information, documents or reports that may be required have been filed pursuant to Section 13 the XXXXX filing system (or its successor) or postings to any website have occurred. Delivery 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. Notwithstanding the foregoing, (i) the Company will be deemed to have furnished such information, documents or reports referred to above to the Trustee if the Company has filed such information, documents or reports with the SEC via the XXXXX filing system (or pursuant to any successor system) or, if at any time the Company is no longer subject to reporting under Section 13 or 15(d) of the Exchange Act provisions of this Section 8.04 is for informational purposes only and is the Trustee’s receipt of such shall not permitted to file such informationconstitute constructive notice of any information contained therein or determinable from information contained therein, documents or reports with the SEC, if the Company posts such information, documents or reports on including the Company’s publicly available website and (ii) if at any time the Company is no longer subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company will not be deemed to have failed to comply compliance with any of its obligations under this Section 6(a) until thirty covenants hereunder (30) days after as to which the date any information, document or report hereunder Trustee is required entitled to be filed with the Trusteerely exclusively on Officers’ Certificates).

Reports by the Company. (a) The Company shall file with the Trustee, within fifteen (15) days after the Company is required to file the same with the SEC, after giving effect to For so long as any grace period provided by Rule 12b-25 under the Exchange Act, 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 SEC may from time to time by rules and regulations prescribe) that the Company may be required to file with the SEC pursuant to Section 13 or Section 15(d) of the Exchange Act; orSecurities are outstanding, if the Company is not required to file information, documents or reports pursuant to either of such sections, then the Company shall file with the Trustee and the SEC, in accordance with rules and regulations prescribed from time to time by the SEC and within fifteen (15) days after such information, documents or reports are due with respect to a non-accelerated filer and after giving effect to any grace period provided by Rule 12b-25 under the Exchange Act, such information, documents or reports that may be required pursuant subject 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. Notwithstanding the foregoing, (i13(a) the Company will be deemed to have furnished such information, documents or reports referred to above to the Trustee if the Company has filed such information, documents or reports with the SEC via the XXXXX filing system (or any successor system) or, if at any time the Company is no longer subject to reporting under Section 13 or 15(d) of the Exchange Act or any successor provision, the Company will deliver to the Trustee the annual reports, quarterly reports and other documents which it is required to file with the Commission pursuant to Section 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 permitted subject to file Section 13(a) or 15(d) of the Exchange Act 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 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 XXXXX system will be deemed to be delivered to the Trustee as of the time of such filing via XXXXX for purposes of this covenant; provided, however, that the Trustee shall have no obligation whatsoever to determine whether or not such information, documents or reports with the SEChave been filed via XXXXX. Delivery of such reports, if the Company posts such information, information and documents or reports on the Company’s publicly available website and (ii) if at any time the Company is no longer subject to the reporting requirements Trustee is for informational purposes only and the Trustee’s receipt of Section 13 such shall not constitute constructive notice of any information contained therein or 15(d) of the Exchange Actdeterminable from information contained therein, the Company will not be deemed to have failed to comply including its compliance with any of its obligations under this Section 6(a) until thirty the covenants relating to the Securities (30) days after as to which the date any information, document or report hereunder Trustee is required entitled to be filed with the Trustee.rely exclusively on an Officer’s Certificate). ARTICLE EIGHT

Reports by the Company. (a) The Company shall covenants and agrees to file with the Trustee, within fifteen (15) 15 days after the Company is required to file the same with the SEC, after giving effect to any grace period provided by Rule 12b-25 under the Exchange ActCommission, 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 SEC Commission may from time to time by rules and regulations prescribe) that the Company may be required to file with the SEC 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 the Company shall to file with the Trustee and the SECCommission, in accordance with the rules and regulations prescribed from time to time by the SEC Commission, such of the supplementary and within fifteen (15) days after such periodic information, documents or reports are due with respect to a non-accelerated filer and after giving effect to any grace period provided by Rule 12b-25 under the Exchange Act, such information, documents or reports 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. Notwithstanding (b) The Company covenants and agrees to file with the foregoingTrustee and the Commission, (i) in accordance with the Company will be deemed rules and regulations prescribed from to have furnished 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. (c) The Company covenants and agrees to transmit by mail, first class postage prepaid, or reports referred to above reputable over-night delivery service that provides for evidence of receipt, to the Trustee if Securityholders, as their names and addresses appear upon the Company has filed Security Register, within 30 days after the filing thereof with the Trustee, such summaries of any information, documents or and reports with the SEC via the XXXXX filing system (or any successor system) or, if at any time the Company is no longer subject to reporting under Section 13 or 15(d) of the Exchange Act and is not permitted to file such information, documents or reports with the SEC, if the Company posts such information, documents or reports on the Company’s publicly available website and (ii) if at any time the Company is no longer subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company will not be deemed to have failed to comply with any of its obligations under this Section 6(a) until thirty (30) days after the date any information, document or report hereunder is required to be filed with by the Trustee.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. SECTION 5.04

Reports by the Company. (a) The For so long as the Notes are outstanding, the Company shall file with the TrusteeSEC the Company’s annual and quarterly reports, within fifteen (15) days after the Company is required to file the same with the SEC, after 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 and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) that which the Company may be is required to file with the SEC pursuant to Section 13 or Section 15(d) of the Exchange Act; orAct and will file such annual and quarterly reports, if information, documents and other reports (or copies of such portions of any of the Company is not foregoing as the SEC may by rules and regulations prescribe) with the Trustee, and make such information available through the mail or on the Company’s website, within 15 days of the date on which it would be required to file information, documents or reports pursuant to either of such sections, then the Company shall file same with the Trustee and the SEC, in accordance with rules and regulations prescribed from time to time by the SEC and within fifteen (15) days after such information, documents or reports are due with respect to a non-accelerated filer and after giving effect to any grace period provided by Rule 12b-25 under the Exchange Act). Delivery of such reports, such information, information and documents or reports 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. Notwithstanding the foregoing, (i) the Company will be deemed to have furnished such information, documents or reports referred to above to the Trustee if is for informational purposes only and the Company has filed Trustee’s receipt of such informationshall not constitute constructive notice of any information contained therein or determinable from information contained therein, documents or reports with the SEC via the XXXXX filing system (or any successor system) or, if at any time the Company is no longer subject to reporting under Section 13 or 15(d) of the Exchange Act and is not permitted to file such information, documents or reports with the SEC, if the Company posts such information, documents or reports on including the Company’s publicly available website and (ii) if at any time the Company is no longer subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company will not be deemed to have failed to comply compliance with any of its obligations under covenants hereunder (as to which the Trustee is entitled to rely conclusively on Officers’ Certificates). Any such report, information or document that the Company files with the SEC through the SEC’s XXXXX database shall be deemed delivered to the Trustee for purposes of this Section 6(a5.06(a) until thirty (30) days after at the date any informationtime of such filing through the XXXXX database; provided however, document or report hereunder is required that the Trustee shall have no obligation whatsoever to be filed with the Trusteedetermine if such filing has taken place.

Reports by the Company. (a) The Company covenants and agrees that it shall file with the Trustee, within fifteen (15) 30 days after the Company is required to file the same it files such annual and quarterly reports, information, documents and other reports with the SEC, after giving effect to any grace period provided by Rule 12b-25 under the Exchange Act, 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 SEC may from time to time by rules and regulations prescribe) that which the Company may be is required to file with the SEC pursuant to Section 13 or Section 15(d) of the Exchange Act; orprovided, if the Company is not required to file that any such annual and quarterly reports, information, documents or and other reports pursuant to either of such sections, then and information filed with the SEC may be provided by the Company to the Trustee electronically. The Company shall file comply with the Trustee and the SEC, in accordance with rules and regulations prescribed from time to time by the SEC and within fifteen (15other provisions of Section 314(a) days after such information, documents or reports are due with respect to a non-accelerated filer and after giving effect to any grace period provided by Rule 12b-25 under the Exchange Act, such information, documents or reports 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 regulationsTrust Indenture Act. Notwithstanding the foregoing, (i) the The Company will be deemed to have furnished such information, documents or reports referred and information the Trustee (the Trustee shall be deemed to above have delivered such reports and information to the Trustee if Holders of the Securities)if the Company has filed such reports or information, documents or reports respectively, with the SEC via using the XXXXX filing system (or any successor systemfiling system of the SEC) or, if at any time the SEC will not accept such reports or information, the Company is no longer subject has posted such reports or information, respectively, on its website, and such reports or information, respectively, are available to reporting under Section 13 or 15(d) Holder of the Exchange Act and is not permitted to file Securities through internet access. Delivery of such information, documents and reports to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute actual or reports with the SECconstructive knowledge or notice of any information contained therein or determinable from information contained therein, if the Company posts such information, documents or reports on including the Company’s publicly available website and (ii) if at any time the Company is no longer subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company will not be deemed to have failed to comply compliance with any of its obligations under this Section 6(a) until thirty covenants hereunder (30) days after as to which the date any informationTrustee is entitled to rely exclusively on Officer’s Certificates). The Trustee shall not be obligated to monitor or confirm, document on a continuing basis or report hereunder is required to be filed otherwise, the Company’s compliance with the Trusteeforegoing covenants.

Reports by the Company. (a) The To the extent any Securities of any series are outstanding, the Company shall will furnish or file with the Trustee, within fifteen (15) 15 days after the Company is required to file it files the same with the SEC, after giving effect to any grace period provided by Rule 12b-25 under the Exchange ActCommission, 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 SEC Commission may from time to time by rules and regulations prescribe) that the Company may be is required to file with the SEC 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 the Company shall file with the Trustee and the SEC, in accordance with rules and regulations prescribed from time to time by the SEC and within fifteen (15) days after such information, documents or reports are due with respect to a non-accelerated filer and after giving effect to any grace period provided by Rule 12b-25 under the Exchange Act, such information, documents or reports 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. Notwithstanding the foregoing, (i) the Company will be deemed to have furnished such information, documents or reports referred to above to the Trustee if the Company has filed such information, documents or reports with the SEC via the XXXXX filing system (or any successor system) or, if at any time the Company is no longer subject to reporting under Section 13 or 15(d) of the Exchange Act and is not permitted to file such information, documents or reports with the SEC, if the Company posts such information, documents or reports on the Company’s publicly available website and (ii) if at any time Act. If the Company is no longer not subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company will not furnish to all Holders of the Securities and bona fide prospective purchasers of the Securities designated by the Holders of the Securities, promptly on their request, the information required to be delivered pursuant to Rule 144A(d)(4) promulgated under the Securities Act. For purposes of this covenant, the Company will be deemed to have failed furnished such reports and information to, or filed such reports and information with, the Trustee and the Holders of Securities and bona fide prospective purchasers as required by this covenant if it has filed such reports or information with the SEC via the XXXXX filing system or otherwise made such reports or information publicly available on a freely accessible page on the Company’s website. Delivery of any reports, information and documents to comply the Trustee is for informational purposes only and receipt of such reports 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 obligations covenants under this Section 6(a) until thirty Indenture or the Securities (30) days after as to which the date Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee shall not be obligated to monitor or confirm, on a continuing basis or otherwise, the Company’s compliance with the covenants under this Indenture or the Securities or with respect to any information, document reports or report hereunder is required to be other documents filed with the TrusteeCommission through the XXXXX system or any website under this Indenture.

Reports by the Company. (a) The Company shall covenants and agrees to file with the Trustee, within fifteen (15) 15 days after the Company is required to file the same with the SEC, after giving effect to any grace period provided by Rule 12b-25 under the Exchange ActCommission, 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 SEC Commission may from time to time by rules and regulations prescribe) that the Company may be required to file with the SEC 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 the Company shall to file with the Trustee and the SECCommission, in accordance with the rules and regulations prescribed from time to time by the SEC Commission, such of the supplementary and within fifteen (15) days after such periodic information, documents or reports are due with respect to a non-accelerated filer and after giving effect to any grace period provided by Rule 12b-25 under the Exchange Act, such information, documents or reports 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. Notwithstanding (b) The Company covenants and agrees to file with the foregoingTrustee and the Commission, (i) in accordance with the Company will be deemed rules and regulations prescribed from to have furnished 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. (c) The Company covenants and agrees to transmit by mail, first class postage prepaid, or reports referred to above reputable overnight delivery service that provides for evidence of receipt, to the Trustee if Securityholders, as their names and addresses appear upon the Company has filed Security Register, within 30 days after the filing thereof with the Trustee, such summaries of any information, documents or and reports with the SEC via the XXXXX filing system (or any successor system) or, if at any time the Company is no longer subject to reporting under Section 13 or 15(d) of the Exchange Act and is not permitted to file such information, documents or reports with the SEC, if the Company posts such information, documents or reports on the Company’s publicly available website and (ii) if at any time the Company is no longer subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company will not be deemed to have failed to comply with any of its obligations under this Section 6(a) until thirty (30) days after the date any information, document or report hereunder is required to be filed with by the TrusteeCompany 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. SECTION 5.04.

Reports by the Company. (a) The Company shall file with the Trustee, within fifteen (15) 15 days after the Company is required to file the same with the SEC, after giving effect to any grace period provided by Rule 12b-25 under the Exchange ActCommission, 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 SEC Commission may from time to time by rules and regulations prescribe) that the Company may be required to file with the SEC Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if and shall otherwise comply with Section 314(a) of the Trust Indenture Act. Notwithstanding the prior sentence, 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 Company 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 SECinformation, 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 SEC and within fifteen Guarantor (15or any other person that is a successor to the Guarantor’s reporting obligations to the Commission) days after such information, documents or reports are due with respect to a non-accelerated filer and after giving effect to any grace period provided by Rule 12b-25 under the Exchange Act, such information, documents or reports that may be required to file with the Commission 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. Notwithstanding the foregoing, (i) the Company will be deemed to have furnished such information, documents 12 or reports referred to above to the Trustee if the Company has filed such information, documents or reports with the SEC via the XXXXX filing system (or any successor system) or, if at any time the Company is no longer subject to reporting under Section 13 or 15(d) of the Exchange Act and is not permitted to file such information, documents or reports with the SEC, if the Company posts such information, documents or reports on the Company’s publicly available website and (ii) if at any time the Company is no longer subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, and such annual reports, information, documents and other reports contain such information relating to the Company will as is required by the rules and regulations of the Commission. Delivery of such reports, information, documents and 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 be deemed to have failed to comply 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 obligations under this Section 6(a) until thirty their covenants hereunder (30) days after as to which the date any information, document or report hereunder Trustee is required entitled to be filed with the Trusteerely exclusively on Officers’ Certificates).

Reports by the Company. (a) The Company shall covenants that so long as any of the Bonds are outstanding, notwithstanding whether the Company is subject to the requirements of Sections 13 or 15(d) of the Exchange Act, the Company will file with the TrusteeCommission (unless the Commission will not accept such filing) and, within fifteen (15) 15 days after the Company is required to file the same it files them with the SECCommission, after giving effect file with the Trustee and mail or cause the Trustee to any grace period provided by Rule 12b-25 under mail to the Exchange ActHolders at their addresses as set forth in the register of the Bonds, copies of the annual reports and of the information, documents and other reports (which the Company is required to file with the Commission pursuant to Section 13 or copies of such portions of any 15(d) of the foregoing as the SEC may from time to time by rules and regulations prescribe) that Exchange Act or which the Company may would be required to file with the SEC pursuant to Section 13 or Section 15(d) of the Exchange Act; or, Commission if the Company is not required to file information, documents or reports pursuant to either then had a class of such sections, then the Company shall file with the Trustee and the SEC, in accordance with rules and regulations prescribed from time to time by the SEC and within fifteen (15) days after such information, documents or reports are due with respect to a non-accelerated filer and after giving effect to any grace period provided by Rule 12b-25 securities registered under the Exchange Act. Delivery of such reports, information and documents to the Trustee is for informational purposes only, and the Trustee’s receipt of such informationshall not constitute constructive notice of any information contained therein or determinable from information contained therein, documents including information concerning the Company’s compliance with any of its covenants hereunder; provided that the foregoing shall not relieve the Trustee of any of its responsibilities hereunder or reports that may be required pursuant to Section 13 of under 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 regulationsIndenture. Notwithstanding the foregoing, (i) the Company will be deemed to have furnished such information, documents or reports information referred to above in the previous paragraph to the Trustee and the Holders if the Company has filed such information, documents or reports and other information with either the SEC Commission via the XXXXX filing system (or any successor system) or, if at or the Municipal Securities Rulemaking Board via the EMMA filing system (or any time successor system) and such reports and other information are publicly available. If the Company is no longer subject to reporting under Section 13 Commission or 15(d) of the Exchange Act and is Municipal Securities Rulemaking Board will not permitted to file such information, documents or reports with the SEC, if the Company posts such information, documents or reports on accept the Company’s publicly available website and (ii) if at filings for any time the Company is no longer subject to the reporting requirements of Section 13 or 15(d) of the Exchange Actreason, the Company will not post the reports, documents and information referred to in the first sentence of this paragraph on its website within the time periods that would apply if the Company were required to file such reports, documents and information with the Commission or the Municipal Securities Rulemaking Board, as the case may be, and, in that event, the Company will be deemed to have failed furnished such information referred to comply with any of its obligations under this Section 6(a) until thirty (30) days after above to the date any information, document or report hereunder is required to be filed with Trustee and the TrusteeHolders. .

Reports by the Company. (a) The Unless otherwise specified as contemplated by Section 2.03 for the Securities of any Series, whether or not required by the Commission’s rules and regulations, the Company shall file with the TrusteeCommission within the time periods specified in the Commission’s rules and regulations, and provide the Trustee and Holders and prospective Holders (upon request) within fifteen (15) 15 days after the Company is required to file the same it files them with the SEC, after giving effect to any grace period provided by Rule 12b-25 under the Exchange ActCommission, 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 SEC may from time to time by rules that are specified in Sections 13 and regulations prescribe) that the Company may be required to file with the SEC 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 provided that for purposes of such sections, then the Company shall file with the Trustee and the SEC, in accordance with rules and regulations prescribed from time to time by the SEC and within fifteen (15) days after such information, documents or reports are due with respect to a non-accelerated filer and after giving effect to any grace period provided by Rule 12b-25 under the Exchange Actthis covenant, such information, documents or and other reports 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. Notwithstanding the foregoing, (i) the Company will shall be deemed to have been furnished such information, documents or reports referred to above to the Trustee and Holders if they are electronically available via the Commission’s XXXXX System. Even if the Company has filed is entitled under the Securities Exchange Act not to furnish such informationinformation to the Commission, documents or reports with the SEC via the XXXXX filing system (or any successor system) or, if at any time the Company is no longer subject shall nonetheless continue to reporting under furnish information that would be required to be furnished by the Company by Section 13 or 15(d) of the Securities Exchange Act (excluding exhibits) to the Trustee and is not permitted the Holders of the Securities of any Series as if it were subject to file such information, documents or reports periodic reporting requirements. The Company shall also comply with the SECother provisions of Section 314(a) of the Trust Indenture Act of 1939. Delivery of such reports, if information and documents to the Company posts Trustee is for informational purposes only and the Trustee’s receipt of such informationshall not constitute constructive notice of any information contained therein or determinable from information contained therein, documents or reports on including the Company’s publicly available website and compliance with any of its covenants hereunder (ii) if at any time as to which the Company Trustee is no longer subject entitled to rely exclusively on Officers’ Certificates). Notwithstanding anything herein to the reporting requirements of Section 13 or 15(d) of the Exchange Actcontrary, the Company Issuer will not be deemed to have failed to comply with any of its obligations under this Section 6(a4.03 for purposes of Section 5.01(e) until thirty (30) 90 days after the date any information, document or report hereunder under this Section 4.03 is required to be filed with the Trusteedue.”

Reports by the Company. (a) The Company shall covenants that so long as any of the Bonds are outstanding, notwithstanding whether the Company is subject to the requirements of Sections 13 or 15(d) of the Exchange Act, the Company will file with the TrusteeCommission (unless the Commission will not accept such filing) and, within fifteen (15) 15 days after the Company is required to file the same it files them with the SECCommission, after giving effect file with the Trustee and mail or cause the Trustee to any grace period provided by Rule 12b-25 under mail to the Exchange ActHolders at their addresses as set forth in the register of the Bonds, copies of the annual reports and of the information, documents and other reports (which the Company is required to file with the Commission pursuant to Section 13 or copies of such portions of any 15(d) of the foregoing as the SEC may from time to time by rules and regulations prescribe) that Exchange Act or which the Company may would be required to file with the SEC pursuant to Section 13 or Section 15(d) of the Exchange Act; or, Commission if the Company is not required to file information, documents or reports pursuant to either then had a class of such sections, then the Company shall file with the Trustee and the SEC, in accordance with rules and regulations prescribed from time to time by the SEC and within fifteen (15) days after such information, documents or reports are due with respect to a non-accelerated filer and after giving effect to any grace period provided by Rule 12b-25 securities registered under the Exchange Act. Delivery of such reports, information and documents to the Trustee is for informational purposes only, and the Trustee’s receipt of such informationshall not constitute constructive notice of any information contained therein or determinable from information contained therein, documents including information concerning the Company’s compliance with any of its covenants hereunder; provided that the foregoing shall not relieve the Trustee of any of its responsibilities hereunder or reports that may be required pursuant to Section 13 of under 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 regulationsIndenture. Notwithstanding the foregoing, (i) the Company will be deemed to have furnished such information, documents or reports information referred to above in the previous paragraph to the Trustee and the Holders if the Company has filed such information, documents or reports and other information with either the SEC Commission via the XXXXX filing system (or any successor system) or, if at or the Municipal Securities Rulemaking Board via the EMMA filing system (or any time successor system) and such reports and other information are publicly available. If the Company is no longer subject to reporting under Section 13 Commission or 15(d) of the Exchange Act and is Municipal Securities Rulemaking Board will not permitted to file such information, documents or reports with the SEC, if the Company posts such information, documents or reports on accept the Company’s publicly available website and (ii) if at filings for any time the Company is no longer subject to the reporting requirements of Section 13 or 15(d) of the Exchange Actreason, the Company will not post the reports, documents and information referred to in the first sentence of this paragraph on its website within the time periods that would apply if the Company were required to file such reports, documents and information with the Commission or the Municipal Securities Rulemaking Board, as the case may be, and, in that event, the Company will be deemed to have failed furnished such information referred to comply with any of its obligations under this Section 6(a) until thirty (30) days after above to the date any information, document or report hereunder is required to be filed with Trustee and the TrusteeHolders.

Reports by the Company. (a) The Company shall file with the Trustee, within fifteen (15) days after So long as the Company is required to file be subject to the same with the SEC, after giving effect to any grace period provided by Rule 12b-25 under reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company shall provide copies of to the annual reports and of Trustee with the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC Commission may from time to time by rules and regulations prescribe) that the Company may be is required to file with the SEC 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 the Company shall file with the Trustee and the SEC, in accordance with rules and regulations prescribed from time to time by the SEC and within fifteen (15) days after such information, documents or reports are due with respect to a non-accelerated filer and after giving effect to any grace period provided by Rule 12b-25 under the Exchange Act, such information, documents or reports 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. Notwithstanding the foregoing, (i) the Company will be deemed to have furnished such information, documents or reports referred to above to the Trustee if the Company has filed such information, documents or reports with the SEC via the XXXXX filing system (or any successor system) or, if at any time the Company is no longer subject to reporting under Section 13 or 15(d) of the Exchange Act and is not permitted to file such information, documents or reports with the SEC, if Act. Notwithstanding that the Company posts such information, documents or reports on the Company’s publicly available website and (ii) if at any time the Company is no longer may not be required to be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, or does not otherwise report on an annual and quarterly basis on forms provided for such annual and quarterly reporting pursuant to the rules and regulations promulgated by the Commission, the Company shall make available to the Trustee and to the Holders, without cost to any Holder: (i) within 90 days after the end of each fiscal year, audited financial statements; and (ii) within 45 days after the end of the first three fiscal quarters of each fiscal year (commencing no earlier than the fiscal quarter ending March 31, 2024), quarterly unaudited financial statements. (b) If the Company ceases to be subject to the reporting requirements of Section 13 or Section 15(d) of the Exchange Act, the Company will provide, without charge, upon the written request of (x) a Holder of any Notes or (y) a prospective Holder of any of the Notes who is a “qualified institutional buyer” within the meaning of Rule 144A and is designated by an existing Holder of any of the Notes (in each case, with a copy to the Trustee), with the information with respect to the Company required to be delivered under Rule 144A(d)(4) under the Securities Act to enable resales of the Notes to be made pursuant to Rule 144A. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not be deemed to have failed to comply constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its obligations under this Section 6(a) until thirty covenants hereunder (30) days after as to which the date any information, document or report hereunder Trustee is required entitled to be filed with the Trustee.rely exclusive on Officers’ Certificates). SECTION 4.07

Reports by the Company. (a) The Company shall file with the Trustee, within fifteen (15) days after the Company is required to file the same with the SEC, after 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 and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) that the Company may be required to file with the 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 the Company shall file with the Trustee and the SEC, in accordance with rules and regulations prescribed from time to time by the SEC and within fifteen (15) days after such information, documents or reports are due with respect to a non-accelerated filer and after giving effect to any grace period provided by Rule 12b-25 under the Exchange Act, such information, documents or reports 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. Notwithstanding the foregoing, (i) the Company will be deemed to have furnished such information, documents or reports referred to above to the Trustee if the Company has filed such information, documents or reports with the SEC via the XXXXX filing system (or any successor system) or, if at any time the Company is no longer subject to reporting under Section 13 or 15(d) of the Exchange Act and is not permitted to file such information, documents or reports with the SEC, if the Company posts such information, documents or reports on the Company’s publicly available website and (ii) if at any time the Company is no longer subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company will not be deemed to have failed to comply with any of its obligations under this Section 6(a13(a) until thirty (30) days after the date any information, document or report hereunder is required to be filed with the Trustee.

Reports by the Company. (a) The Company shall file with the Trusteecovenants that, within fifteen (15) days after whether or not the Company is required to file the same with the SEC, after 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 and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) that the Company may be required to file with the 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 the Company shall file with the Trustee and the SEC, in accordance with rules and regulations prescribed from time to time by the SEC and within fifteen (15) days after such information, documents or reports are due with respect to a non-accelerated filer and after giving effect to any grace period provided by Rule 12b-25 under the Exchange Act, such information, documents or reports 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. Notwithstanding the foregoing, (i) the Company will be deemed to have furnished such information, documents or reports referred to above to the Trustee if the Company has filed such information, documents or reports with the SEC via the XXXXX filing system (or any successor system) or, if at any time the Company is no longer subject to reporting under Section 13 or 15(d) of the Exchange Act and is not permitted to file such information, documents or reports with the SEC, if the Company posts such information, documents or reports on the Company’s publicly available website and (ii) if at any time the Company is no longer subject to the reporting requirements of Section 13 or 15(d) of the Securities Exchange ActAct of 1934, the Company shall furnish to the Trustee and to each Holder of Registered Securities, within 15 days after the Company is or would have been (if it were subject to such reporting obligations) required to file such with the Commission, annual and quarterly financial statements substantially equivalent to financial statements that would have been included in reports filed with the Commission, if the Company were subject to the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, including, with respect to annual information only, a report thereon by the Company’s certified independent public accountants as such would be required in such reports to the Commission, and, in each case, together with a management’s discussion and analysis of financial condition and results of operations which would be so required and, unless the Commission will not accept such reports, file with the Commission the annual, quarterly and other reports which the Company is or would have been required to file with the Commission; provided, however, that if the Commission has accepted any report filed by the Company as provided in this paragraph and such report has been made available to the public on the Commission’s EXXXX system (or any similar system), the Company will not be deemed required to have failed furnish such report to comply the Trustee or Holders of Registered Securities. 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 obligations under this Section 6(a) until thirty covenants hereunder (30) days after as to which the date any information, document or report hereunder Trustee is required entitled to be filed with the Trusteerely exclusively on Officers’ Certificates and Opinions of Counsel).

Reports by the Company. (a) The Company shall file with covenants to make available to the TrusteeInvestors, within fifteen (15) 15 days after the Company is required to file the same with the SEC, after giving effect to any grace period provided by Rule 12b-25 under the Exchange ActCommission, 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 SEC Commission may from time to time by rules and regulations prescribe) that which the Company may be required to file with the SEC Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, or if the Company is not required to file information, documents documents, or reports pursuant to either of such sections, then to deliver to the Company shall file with the Trustee and the SECInvestors, in accordance with rules and regulations prescribed from time to time by the SEC Commission, such of the supplementary and within fifteen (15) days after such periodic information, documents or documents, and reports are due with respect to a non-accelerated filer and after giving effect to any grace period provided by Rule 12b-25 under the Exchange Act, such information, documents or reports that 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 as may be prescribed from time to time in such rules and regulations. Notwithstanding the foregoing, (i) the Company will be deemed to have furnished such information, documents or reports referred to above to the Trustee if the Company has filed such information, documents or reports with the SEC via the XXXXX filing system (or any successor system) or, if at At any time when the Company is no longer not subject to reporting under Section 13 or 15(d) of the Exchange Act and is not permitted to file such information, documents or reports with the SEC, if the Company posts such information, documents or reports on the Company’s publicly available website and (ii) if at any time the Company is no longer subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, upon request of the Investors, the Company will promptly furnish or cause to be furnished to the Investors, copies of the information required to be delivered to the Investors pursuant to Rule 144A(d)(4) under the Securities Act (or any successor provision thereto) in order to permit compliance with Rule 144A in connection with resales by holders of securities such as the Closing Securities or the shares of Common Stock issuable thereunder. The Company will pay the expenses of printing and distributing to the Investors all such documents. Delivery of such reports, information and documents to the Investors is for informational purposes only and the Investors’ receipt of such shall not be deemed to have failed to comply constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its obligations under covenants hereunder. The Investors acknowledge that the Company’s provision of such documents on the Commission’s Electronic Data Gathering and Retrieval (XXXXX) website shall be deemed “delivery” of said documents for purposes of this Section 6(a) until thirty (30) days after the date any information, document or report hereunder is required to be filed with the Trustee5.7.

Reports by the Company. (a) The Company shall file with the Trustee, within fifteen (15) days after the Company is required to file the same with the SEC, after giving effect to For so long as any grace period provided by Rule 12b-25 under the Exchange Act, 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 SEC may from time to time by rules and regulations prescribe) that the Company may be required to file with the SEC pursuant to Section 13 or Section 15(d) of the Exchange Act; orSecurities are outstanding, if the Company is not required to file information, documents or reports pursuant to either of such sections, then the Company shall file with the Trustee and the SEC, in accordance with rules and regulations prescribed from time to time by the SEC and within fifteen (15) days after such information, documents or reports are due with respect to a non-accelerated filer and after giving effect to any grace period provided by Rule 12b-25 under the Exchange Act, such information, documents or reports that may be required pursuant subject 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. Notwithstanding the foregoing, (i13(a) the Company will be deemed to have furnished such information, documents or reports referred to above to the Trustee if the Company has filed such information, documents or reports with the SEC via the XXXXX filing system (or any successor system) or, if at any time the Company is no longer subject to reporting under Section 13 or 15(d) of the Exchange Act or any successor provision, the Company will deliver to the Trustee the annual reports, quarterly reports and other documents which it is required to file with the Commission pursuant to Section 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 permitted subject to file Section 13(a) or 15(d) of the Exchange Act 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 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 XXXXX system will be deemed to be delivered to the Trustee as of the time of such filing via XXXXX for purposes of this covenant; provided, however, that the Trustee shall have no obligation whatsoever to determine whether or not such information, documents or reports with the SEChave been filed via XXXXX. Delivery of such reports, if the Company posts such information, information and documents or reports on the Company’s publicly available website and (ii) if at any time the Company is no longer subject to the reporting requirements Trustee is for informational purposes only and the Trustee’s receipt of Section 13 such shall not constitute constructive notice of any information contained therein or 15(d) of the Exchange Actdeterminable from information contained therein, the Company will not be deemed to have failed to comply including its compliance with any of its obligations under this Section 6(a) until thirty the covenants relating to the Securities (30) days after as to which the date any information, document or report hereunder Trustee is required entitled to be filed with the Trusteerely exclusively on an Officer’s Certificate).

Reports by the Company. (a) The Company shall file with covenants to make available to the TrusteeInvestor, within fifteen five (155) calendar days after the Company is required to file the same with the SEC, after giving effect to any grace period provided by Rule 12b-25 under the Exchange ActCommission, 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 SEC Commission may from time to time by rules and regulations prescribe) that which the Company may be required to file with the SEC Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, or if the Company is not required to file information, documents documents, or reports pursuant to either of such sections, then to deliver to the Company shall file with the Trustee and the SECInvestor, in accordance with rules and regulations prescribed from time to time by the SEC Commission, such of the supplementary and within fifteen (15) days after such periodic information, documents or documents, and reports are due with respect to a non-accelerated filer and after giving effect to any grace period provided by Rule 12b-25 under the Exchange Act, such information, documents or reports that 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 as may be prescribed from time to time in such rules and regulations. Notwithstanding the foregoing, (i) the Company will be deemed to have furnished such information, documents or reports referred to above to the Trustee if the Company has filed such information, documents or reports with the SEC via the XXXXX filing system (or any successor system) or, if at At any time when the Company is no longer not subject to reporting under Section 13 or 15(d) of the Exchange Act and is not permitted to file such information, documents or reports with the SEC, if the Company posts such information, documents or reports on the Company’s publicly available website and (ii) if at any time the Company is no longer subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, upon request of the Investor, the Company will promptly furnish or cause to be furnished to the Investor, copies of the information required to be delivered to the Investor pursuant to Rule 144A(d)(4) under the Securities Act (or any successor provision thereto) in order to permit compliance with Rule 144A in connection with resales by holders of securities such as the Closing Securities or the shares of Common Stock issuable thereunder. The Company will pay the expenses of printing and distributing to the Investor all such documents. Delivery of such reports, information and documents to the Investor is for informational purposes only and the Investor’ receipt of such shall not be deemed to have failed to comply constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its obligations under covenants hereunder. The Investor acknowledge that the Company’s provision of such documents on the Commission’s Electronic Data Gathering and Retrieval (EXXXX) website shall be deemed “delivery” of said documents for purposes of this Section 6(a) until thirty (30) days after the date any information, document or report hereunder is required to be filed with the Trustee5.5.

Reports by the Company. (a) The Company shall agrees to file with the Trustee, within fifteen (15) 15 days after the Company is required to file the same with the SEC, after giving effect to any grace period provided by Rule 12b-25 under Securities and Exchange Commission (the Exchange Act“Commission”) or with the applicable Canadian securities regulatory authorities, 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 SEC Commission or the applicable Canadian securities regulatory authorities, as applicable, may from time to time by rules and regulations prescribe) that which the Company may be is required to file with the SEC Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”) or pursuant to National Instrument 51-102 — Continuous Disclosure Obligations (or any successor instrument thereto, “NI 51-102”) accounting for any extensions of the time required for such filing granted by the applicable Canadian securities regulatory authorities; or, if the Company is not required to file information, documents or reports pursuant to either of such sectionssaid Sections or instrument, then the Company it shall file with the Trustee and the SECCommission, in accordance with rules and regulations prescribed from time to time by the SEC Commission, such of the supplementary and within fifteen (15) days after such periodic information, documents or and reports are due with respect to a non-accelerated filer and after giving effect to any grace period provided by Rule 12b-25 under the Exchange Act, such information, documents or reports that 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. Notwithstanding the foregoing, (i) the Company will be deemed to have furnished Any such information, documents or reports referred to above to the Trustee if filed by the Company has filed such information, documents or reports with the SEC via the XXXXX filing system (or any successor system) or, if at any time the Company is no longer subject Commission pursuant to reporting under Section 13 or 15(d) of the Exchange Act on the Commission’s XXXXX system or on Canadian Securities Administrators’ System for Electronic Document Analysis and Retrieval (the website of which is not permitted to file such informationaccessible at xxx.xxxxx.xxx) or any successor system, documents or reports shall be deemed filed with the SECTrustee. Delivery of such reports, if information and documents to the Company posts Trustee is for informational purposes only, and the Trustee’s receipt of such informationshall not constitute constructive notice of any information contained therein or determinable from information contained therein, documents or reports on including the Company’s publicly available website and (ii) if at any time the Company is no longer subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company will not be deemed to have failed to comply compliance with any of its obligations under this Section 6(a) until thirty covenants hereunder (30) days after as to which the date any information, document or report hereunder Trustee is required entitled to be filed with the Trusteeconclusively rely exclusively on an Officers’ Certificate). ARTICLE SEVEN.

Reports by the Company. (a) The Company shall file with the Trustee, within fifteen (15) days after the Company is required to file the same with the SEC, after giving effect to For so long as any grace period provided by Rule 12b-25 under the Exchange Act, 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 SEC may from time to time by rules and regulations prescribe) that the Company may be required to file with the SEC pursuant to Section 13 or Section 15(d) of the Exchange Act; orSecurities are outstanding, if the Company is not required to file information, documents or reports pursuant to either of such sections, then the Company shall file with the Trustee and the SEC, in accordance with rules and regulations prescribed from time to time by the SEC and within fifteen (15) days after such information, documents or reports are due with respect to a non-accelerated filer and after giving effect to any grace period provided by Rule 12b-25 under the Exchange Act, such information, documents or reports that may be required pursuant subject 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. Notwithstanding the foregoing, (i13(a) the Company will be deemed to have furnished such information, documents or reports referred to above to the Trustee if the Company has filed such information, documents or reports with the SEC via the XXXXX filing system (or any successor system) or, if at any time the Company is no longer subject to reporting under Section 13 or 15(d) of the Exchange Act or any successor provision, the Company will deliver to the Trustee the annual reports, quarterly reports and other documents which it is required to file with the Commission pursuant to Section 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 permitted subject to file Section 13(a) or 15(d) of the Exchange Act 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 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 such information, documents or reports with the SEChave been filed via EXXXX. Delivery of such reports, if the Company posts such information, information and documents or reports on the Company’s publicly available website and (ii) if at any time the Company is no longer subject to the reporting requirements Trustee is for informational purposes only and the Trustee’s receipt of Section 13 such shall not constitute constructive notice of any information contained therein or 15(d) of the Exchange Actdeterminable from information contained therein, the Company will not be deemed to have failed to comply including its compliance with any of its obligations under this Section 6(a) until thirty the covenants relating to the Securities (30) days after as to which the date any information, document or report hereunder Trustee is required entitled to be filed with the Trusteerely exclusively on an Officer’s Certificate).

Reports by the Company. (a) The Company shall file with the Trustee, within fifteen (15) days after the Company is required to file the same with Trustee and the SEC, and transmit to Holders, such information, documents and other reports, and such summaries thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided in the Trust Indenture Act. (b) The Company shall, so long as any Securities are outstanding, deliver to the Trustee within 15 days after giving effect to any grace period provided by Rule 12b-25 under it files them with the Exchange Act, SEC 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 SEC may from time to time by rules and regulations prescribe) that which the Company may be is required to file with the SEC pursuant to Section 13 or Section 15(d) of the Exchange Act; or. Reports, if the Company is not required to file information, information and documents or reports pursuant to either of such sections, then the Company shall file with the Trustee and the SEC, in accordance with rules and regulations prescribed from time to time by the SEC and within fifteen (15) days after such information, documents or reports are due with respect to a non-accelerated filer and after giving effect to any grace period provided by Rule 12b-25 under the Exchange Act, such information, documents or reports 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. Notwithstanding the foregoing, (i) the Company will be deemed to have furnished such information, documents or reports referred to above to the Trustee if the Company has filed such information, documents or reports with the SEC via the XXXXX filing system (or any successor system) or, if at any time will be deemed to be delivered to the Company is no longer subject to reporting under Section 13 or 15(d) Trustee as of the Exchange Act time of such filing via XXXXX for purposes of this Section 10.02. Delivery of reports, information and documents to the Trustee is for informational purposes only and its receipt of such reports shall not permitted to file such informationconstitute constructive notice of any information contained therein or determinable from information contained therein, documents or reports including our compliance with the SEC, if the Company posts such information, documents or reports on any of the Company’s publicly available covenants under this Indenture or the Securities (as to which the trustee is entitled to rely exclusively on Officer’s Certificates). The Trustee shall not be obligated to monitor or confirm, on a continuing basis or otherwise, the Company’s compliance with the covenants or with respect to any reports or other documents filed with the SEC or XXXXX or any website and under this Indenture or participate in any conference calls. (iic) if at Except as otherwise provided as contemplated by Section 3.01 with respect to any time the Company is no longer subject to the reporting requirements series of Section 13 or 15(d) of the Exchange ActSecurities, the Company will not be deemed shall furnish to have failed to comply with any of its obligations under this Section 6(a) until thirty (30) the Trustee annually, within 120 days after the date end of each fiscal year, a brief certificate from an Officer as to his or her knowledge of the Company’s compliance with all conditions and covenants under this Indenture (which compliance shall be determined without regard to any informationperiod of grace or requirement of notice provided under this Indenture) and, document in the event of any Default, specifying each such Default and the nature and status thereof of which such person may have knowledge. Such certificates need not comply with Section 16.01 of this Indenture. (d) The Company will, so long as any of the Securities are outstanding, deliver to the Trustee a certificate regarding any Default or report hereunder is required Event of Default pursuant to be filed with the Trustee.Section 6.07. Section 10.03

Reports by the Company. (a) The Company shall file with covenants to make available to the TrusteeInvestors, within fifteen (15) 15 days after the Company is required to file the same with the SEC, after giving effect to any grace period provided by Rule 12b-25 under the Exchange ActCommission, 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 SEC Commission may from time to time by rules and regulations prescribe) that which the Company may be required to file with the SEC Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, or if the Company is not required to file information, documents documents, or reports pursuant to either of such sections, then to deliver to the Company shall file with the Trustee and the SECInvestors, in accordance with rules and regulations prescribed from time to time by the SEC Commission, such of the supplementary and within fifteen (15) days after such periodic information, documents or documents, and reports are due with respect to a non-accelerated filer and after giving effect to any grace period provided by Rule 12b-25 under the Exchange Act, such information, documents or reports that 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 as may be prescribed from time to time in such rules and regulations. Notwithstanding the foregoing, (i) the Company will be deemed to have furnished such information, documents or reports referred to above to the Trustee if the Company has filed such information, documents or reports with the SEC via the XXXXX filing system (or any successor system) or, if at At any time when the Company is no longer not subject to reporting under Section 13 or 15(d) of the Exchange Act and is not permitted to file such information, documents or reports with the SEC, if the Company posts such information, documents or reports on the Company’s publicly available website and (ii) if at any time the Company is no longer subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, upon request of the Investors, the Company will promptly furnish or cause to be furnished to the Investors, copies of the information required to be delivered to the Investors pursuant to Rule 144A(d)(4) under the Securities Act (or any successor provision thereto) in order to permit compliance with Rule 144A in connection with resales by holders of securities such as the Notes or the shares of Common Stock issuable thereunder. The Company will pay the expenses of printing and distributing to the Investors all such documents. Delivery of such reports, information and documents to the Investors is for informational purposes only and the Investors’ receipt of such shall not be deemed to have failed to comply constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its obligations under covenants hereunder. The Investors acknowledge that the Company’s provision of such documents on the Commission’s Electronic Data Gathering and Retrieval (XXXXX) website shall be deemed “delivery” of said documents for purposes of this Section 6(a) until thirty (30) days after the date any information, document or report hereunder is required to be filed with the Trustee5.6.