Common use of Reports by the Issuer and the Guarantor Clause in Contracts

Reports by the Issuer and the Guarantor. The Issuer and the Guarantor respectively covenant: (a) to file with the Trustee within fifteen days after the Issuer or the Guarantor, as the case may be, is required to file the same with the Securities and Exchange Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said Commission may from time to time by rules and regulations prescribe) which the Issuer or the Guarantor, as the case may be, may be required to file with said Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934; or, if the Issuer or the Guarantor, as the case may be, is not required to file information, documents or reports pursuant to either of such sections, then to file with the Trustee and said Commission, in accordance with rules and regulations prescribed from time to time by said Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Securities Exchange Act of 1934 in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations. (b) to file with the Trustee and the Securities and Exchange Commission, in accordance with the rules and regulations prescribed from time to time by said Commission, such additional information, documents, and reports with respect to compliance by the Issuer and the Guarantor, as the case may be, with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; (c) to transmit by mail to all the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Issuer or the Guarantor, as the case may be, with respect to each such series pursuant to subsections (a) and (b) of this Section as may be required by rules and regulations prescribed from time to time by the Securities and Exchange Commission; and (d) If Unregistered Securities of any series are outstanding, to file with the listing agent of the Issuer with respect to such series such documents and reports of the Issuer or the Guarantor, as the case may be, as may be required from time to time by the rules and regulations of any stock exchange on which such Unregistered Securities are listed.

Reports by the Issuer and the Guarantor. The Applicable Issuer and and, if any Guaranteed Securities are then Outstanding, the Guarantor respectively covenantwill: (ai) to file with the Trustee Trustee, within fifteen 15 days after the Applicable Issuer or the Guarantor, as in the case may beof Guaranteed Securities, is required to file the same with the Securities and Exchange Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said the Commission may from time to time by rules and regulations prescribe) which the that such Issuer or the Guarantor, as the case may be, may be Guarantor is then required to file with said the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934Act; or, if the Applicable Issuer or the Guarantor, as the case may be, Guarantor is not required to file information, documents or reports pursuant to either of such sectionsthose sections of the Exchange Act, then to in the case of Securities of which the Company is the Issuer, the Applicable Issuer, and in the case of Guaranteed Securities, the Guarantor will file with the Trustee and said the Commission, in accordance with rules and regulations prescribed from time to time by said the Commission, such of the supplementary and periodic information, documents and reports which that may be required pursuant to Section 13 of the Securities Exchange Act of 1934 in respect of a security Security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations.; (bii) to file with the Trustee and the Securities and Exchange Commission, in accordance with the rules and regulations prescribed from time to time by said the Commission, such additional information, documents, documents and reports with respect to compliance by the Applicable Issuer and the Guarantor, as the case may be, Guarantor with the conditions and covenants provided for in of this Indenture as may be required from time to time by such rules and regulations;; and (ciii) to transmit by mail to all the Holders of Securities of each seriesSecurities, as in the names manner and addresses of such Holders appear on to the Security Registerextent provided in Section 6.02(ii), within thirty 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Issuer or the Guarantor, as the case may be, with respect to each such series pursuant to subsections paragraphs (ai) and (bii) of this Section as may be required by rules and regulations prescribed from time to time by the Securities and Exchange Commission; and (d) If Unregistered Securities of any series are outstanding, to file with the listing agent of the Issuer with respect to such series such documents and reports of the Issuer or the Guarantor, as the case may be, as may be required from time to time by the rules and regulations of any stock exchange on which such Unregistered Securities are listed.

Reports by the Issuer and the Guarantor. (a) The Issuer and the Guarantor respectively covenantwill: (a1) to file with the Trustee Trustee, within fifteen 15 days after the Issuer or the Guarantor, as the case may be, Guarantor is required to file the same with the Securities and Exchange Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said the Commission may from time to time by rules and regulations prescribe) which the Issuer or the Guarantor, as the case may be, Guarantor may be required to file with said the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934Act; or, if the Issuer or the Guarantor, as the case may be, Guarantor is not required to file information, documents or reports pursuant to either of such sectionsthese Sections, then to the Issuer or the Guarantor, as the case may be, will file with the Trustee and said the Commission, in accordance with rules and regulations prescribed from time to time by said the Commission, such of the supplementary and periodic information, documents and reports which that may be required pursuant to Section 13 of the Securities Exchange Act of 1934 in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations.; (b2) to file with the Trustee and the Securities and Exchange Commission, in accordance with the rules and regulations prescribed from time to time by said the Commission, such additional information, documents, documents and reports with respect to compliance by the Issuer and the Guarantor, as the case may be, thereby with the conditions and covenants provided for in of this Indenture as may be required from time to time by such rules and regulations;; and (3) notify the Trustee when Subordinated Debt Securities of any series are listed on any stock exchange. (b) Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuer's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates). (c) to transmit by mail to all The Issuer and the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty days after the filing thereof Guarantor shall also comply with the Trusteeprovisions of Section 314(a) of the Trust Indenture Act. ARTICLE EIGHT AMALGAMATION, MERGER, CONVEYANCE, TRANSFER OR LEASE SECTION 801. AMALGAMATION AND MERGER OF ISSUER OR GUARANTOR AND CONVEYANCES PERMITTED SUBJECT TO CERTAIN CONDITIONS. So long as any Subordinated Debt Security of a particular series remains Outstanding, neither the Issuer nor the Guarantor will amalgamate or merge with any other corporation or enter into any reorganization or arrangement or effect any conveyance, transfer or lease of all or substantially all of the assets of it and its Subsidiaries, taken as a whole (other than with or to the Guarantor, in the case of the Issuer, or with or to the Issuer, in the case of the Guarantor), unless in any such summaries of any information, documents and reports required to be filed by case: (a) the Issuer or the Guarantor, as the case may be, with respect to each such series pursuant to subsections (a) and shall be the surviving corporation or one of the continuing corporations, or (b) the successor corporation (or the Person that leases or that acquires by conveyance or transfer all or substantially all of the assets of the Issuer and its Subsidiaries, taken as a whole, or the Guarantor and its Subsidiaries taken as a whole, as the case may be) shall expressly assume the due and punctual payment of the principal of (and premium, if any) and interest on all Outstanding Subordinated Debt Securities issued hereunder, according to their tenor, and the due and punctual performance and observance of all of the covenants and conditions of this Section as may Indenture to be required by rules and regulations prescribed from time to time performed by the Securities Issuer or the Guarantor by supplemental indenture pursuant to Article Nine satisfactory to the Trustee, executed and Exchange Commissiondelivered to the Trustee by such corporation; and (d2) If Unregistered Securities of any series are outstanding, to file with the listing agent of the Issuer with respect to such series such documents and reports of the Issuer or the Guarantor, as the case may be, as may or the successor corporation shall not, immediately thereafter be required from time to time by in default under this Indenture or the rules and regulations of any stock exchange on which such Unregistered Securities are listedSubordinated Debt Securities.

Reports by the Issuer and the Guarantor. (a) The Issuer and the Guarantor respectively covenantwill: (a1) to file with the Trustee Trustee, within fifteen 15 days after the Issuer or the Guarantor, as the case may be, Guarantor is required to file the same with the Securities and Exchange Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said the Commission may from time to time by rules and regulations prescribe) which the Issuer or the Guarantor, as the case may be, Guarantor may be required to file with said the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934Act; or, if the Issuer or the Guarantor, as the case may be, Guarantor is not required to file information, documents or reports pursuant to either of such sectionsthese Sections, then to the Issuer or the Guarantor, as the case may be, will file with the Trustee and said the Commission, in accordance with rules and regulations prescribed from time to time by said the Commission, such of the supplementary and periodic information, documents and reports which that may be required pursuant to Section 13 of the Securities Exchange Act of 1934 in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations.; (b2) to file with the Trustee and the Securities and Exchange Commission, in accordance with the rules and regulations prescribed from time to time by said the Commission, such additional information, documents, documents and reports with respect to compliance by the Issuer and the Guarantor, as the case may be, thereby with the conditions and covenants provided for in of this Indenture as may be required from time to time by such rules and regulations;; and (3) notify the Trustee when Debt Securities of any series are listed on any stock exchange. (b) Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuer's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates). (c) to transmit by mail to all The Issuer and the Holders of Securities of each series, as the names and addresses of such Holders appear on the Security Register, within thirty days after the filing thereof Guarantor shall also comply with the Trusteeprovisions of Section 314(a) of the Trust Indenture Act. ARTICLE EIGHT AMALGAMATION, MERGER, CONVEYANCE, TRANSFER OR LEASE SECTION 801. AMALGAMATION AND MERGER OF ISSUER OR GUARANTOR AND CONVEYANCES PERMITTED SUBJECT TO CERTAIN CONDITIONS. So long as any Debt Security of a particular series remains Outstanding, neither the Issuer nor the Guarantor will amalgamate or merge with any other corporation or enter into any reorganization or arrangement or effect any conveyance, transfer or lease of all or substantially all of the assets of it and its Subsidiaries, taken as a whole (other than with or to the Guarantor, in the case of the Issuer, or with or to the Issuer, in the case of the Guarantor), unless in any such summaries of any information, documents and reports required to be filed by case: (a) the Issuer or the Guarantor, as the case may be, with respect to each such series pursuant to subsections (a) and shall be the surviving corporation or one of the continuing corporations, or (b) the successor corporation (or the Person that leases or that acquires by conveyance or transfer all or substantially all of the assets of the Issuer and its Subsidiaries, taken as a whole, or the Guarantor and its Subsidiaries, taken as a whole, as the case may be,) shall expressly assume the due and punctual payment of the principal of (and premium, if any) and interest on all Outstanding Debt Securities issued hereunder, according to their tenor, and the due and punctual performance and observance of all of the covenants and conditions of this Section as may Indenture to be required by rules and regulations prescribed from time to time performed by the Securities Issuer or the Guarantor by supplemental indenture pursuant to Article Nine satisfactory to the Trustee, executed and Exchange Commissiondelivered to the Trustee by such corporation; and (d2) If Unregistered Securities of any series are outstanding, to file with the listing agent of the Issuer with respect to such series such documents and reports of the Issuer or the Guarantor, as the case may be, as may or the successor corporation shall not, immediately thereafter be required from time to time by in default under this Indenture or the rules and regulations of any stock exchange on which such Unregistered Securities are listedDebt Securities.

Reports by the Issuer and the Guarantor. The Applicable Issuer and and, if any Guaranteed Securities are then Outstanding, the Guarantor respectively covenantwill: (ai) to file with the Trustee Trustee, within fifteen 15 days after the Applicable Issuer or the Guarantor, as in the case may beof Guaranteed Securities, is required to file the same with the Securities and Exchange Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said the Commission may from time to time by rules and regulations prescribe) which the that such Issuer or the Guarantor, as the case may be, may be Guarantor is then required to file with said the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934Act; or, if the Applicable Issuer or the Guarantor, as the case may be, Guarantor is not required to file information, documents or reports pursuant to either of such sectionsthose sections of the Exchange Act, then to in the case of Securities of which the Company is the Issuer, the Applicable Issuer, and in the case of Guaranteed Securities, the Guarantor will file with the Trustee and said the Commission, in accordance with rules and regulations prescribed from time to time by said the Commission, such of the supplementary and periodic information, documents and reports which that may be required pursuant to Section 13 of the Securities Exchange Act of 1934 in respect of a security Security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations.; (bii) to file with the Trustee and the Securities and Exchange Commission, in accordance with the rules and regulations prescribed from time to time by said the Commission, such additional information, documents, documents and reports with respect to compliance by the Applicable Issuer and the Guarantor, as the case may be, Guarantor with the conditions and covenants provided for in of this Indenture as may be required from time to time by such rules and regulations;; and (ciii) to transmit by mail to all the Holders of Securities of each seriesSecurities, as in the names manner and addresses of such Holders appear on to the Security Registerextent provided in Section 6.02(c), within thirty 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Issuer or the Guarantor, as the case may be, with respect to each such series pursuant to subsections paragraphs (ai) and (bii) of this Section 6.03 as may be required by rules and regulations prescribed from time to time by the Securities and Exchange Commission; and (d) If Unregistered Securities of any series are outstanding, to file with the listing agent of the Issuer with respect to such series such documents and reports of the Issuer or the Guarantor, as the case may be, as may be required from time to time by the rules and regulations of any stock exchange on which such Unregistered Securities are listed.