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

Reports by the Issuer and the Guarantor. Each of the Issuer and the Guarantor covenants to file with the Trustee, within 15 days after the Issuer or the Guarantor, as the case may be, has filed the same with the Commission, copies of the annual reports and of the information, documents, and other reports that the Issuer or the Guarantor may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 or pursuant to Section 314 of the Trust Indenture Act of 1939; provided, however, that failure by the Issuer or the Guarantor to comply with this provision or, to the extent automatically deemed to be included in this Indenture, Section 314(a) of the Trust Indenture Act of 1939, shall not constitute a Default or an Event of Default and any enforcement procedures relating to failure to comply with this provision or, to the extent automatically deemed to be included in this Indenture, Section 314(a) of the Trust Indenture Act of 1939, may only be brought by the Trustee. Except as otherwise provided herein, the Trustee and the Securities Administrator may conclusively assume that there is no Default or Event of Default. Delivery of reports, information and documents to the Trustee or the Securities Administrator is for informational purposes only and the receipt by the Trustee or the Securities Administrator of the foregoing 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 each of the Trustee and the Securities Administrator is entitled to rely on Officer’s Certificates).