Common use of Reports to Trustee and Holders Clause in Contracts

Reports to Trustee and Holders. Whether or not required by the rules and regulations of the Commission, beginning December 31, 2003, so long as any Notes are outstanding, the Company will furnish to the Trustee and, upon request, to the Holders of Notes: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Company were required to file such Forms, within 90 days of each fiscal year end with respect to each filing on Form 10-K and within 45 days after each quarter end with respect to each Form 10-Q (provided that, if the Commission's rules and regulations require either of such filings to be made within a shorter time period, then the Company will furnish such filings to the Trustee within such shorter time period), including a "Management's Discussion and Analysis of Financial Condition and Results of Operations" that describes the financial condition and results of operations of the Company and its consolidated Subsidiaries (showing in reasonable detail, either on the face of the financial statements or in the footnotes thereto and in Management's Discussion and Analysis of Financial Condition and Results of Operations, the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company, if any) and, with respect to the annual information only, a report thereon by the Company's certified independent accounts; and (2) all current reports that would be required to be filed with the Commission on Form 8-K if the Company were required to file such reports, in each case within the time periods specified in the Commission's rules and regulations. In addition, following the consummation of the Exchange Offer contemplated by the Registration Rights Agreement, whether or not required by the rules and regulations of the Commission, the Company will file a copy of all such information and reports with the Commission for public availability within the time periods specified in the Commission's rules and regulations (unless the Commission will not accept such a filing). In addition, prior to the consummation of the Exchange Offer, for so long as any Notes remain outstanding, the Company will furnish to the Holders upon their request, the information required to be delivered pursuant to Rule 144(A)(d)(4) under the Securities Act.

Reports to Trustee and Holders. (a) Whether or not required by the rules and regulations of the Commission, beginning December 31, 2003, so long as any Notes are outstandingoutstanding hereunder, the Company will Parent shall furnish to the Trustee and, upon request, to the Holders of Notesfollowing: (1) all quarterly and annual financial information of Parent that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Company Parent were required to file such Forms, within 90 days of each fiscal year end with respect to each filing on Form 10-K and within 45 days after each quarter end with respect to each Form 10-Q (provided that, if the Commission's rules and regulations require either of such filings to be made within a shorter time period, then the Company will furnish such filings to the Trustee within such shorter time period), including a "“Management's ’s Discussion and Analysis of Financial Condition and Results of Operations" ” that describes the financial condition and results of operations of the Company Parent and its consolidated Subsidiaries (showing in reasonable detail, either on the face of the financial statements or in the footnotes thereto and in Management's Discussion and Analysis of Financial Condition and Results of Operations, the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company, if any) and, with respect to the annual information only, a report thereon by the Company's Parent’s certified independent accountsaccountants; and (2) all current reports that would be required to be filed with the Commission on Form 8-K if the Company were Parent was required to file such reportsreports (during any period in which Parent is not required to file reports with the Commission, such current reports need only be prepared or delivered if Parent determines in good faith that the information to be reported is material to the Holders of the Notes or the business, operations, assets, liabilities or financial position of Parent and its Subsidiaries, taken as a whole), in each case case, within the time periods specified in the Commission's ’s rules and regulations. regulations (and, during any period in which Parent is not required to file reports with the Commission, within the time periods specified in the Commission’s rules and regulations applicable to a “non-accelerated filer”). (b) In addition, following the consummation of the Exchange Offer contemplated by the Registration Rights Agreement, whether or not required by the rules and regulations of the Commission, the Company Parent will file a copy of make all such information and reports with the Commission for public availability publicly available (including via a non-password protected website) within the time periods specified in the Commission's ’s rules and regulations (unless the Commission will not accept such a filing)) and make such information available to Holders of the Notes upon request. In addition, prior to Parent and the consummation of the Exchange Offerother Guarantors shall, for so long as any Notes remain outstanding, the Company will furnish to the Holders of such Notes and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144(A)(d)(4144A(d)(4) under the Securities Act. (c) Whether Parent files such reports with the Commission or posts its reports on its website, the public posting of such reports shall satisfy any requirement hereunder to deliver such reports to the Trustee and Holders of the Notes. Parent will at all times comply with the provisions of TIA §314(a). The terms of this Indenture shall not impose any duty on Parent under the Xxxxxxxx-Xxxxx Act of 2002 and the related Commission rules that would not otherwise be applicable to it. (d) Delivery of such reports and information to the Trustee shall be for informational purposes only, and the Trustee’s receipt of them 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 delivered pursuant to this Indenture, including Officers’ Certificates delivered pursuant to Section 4.06(a)). The Trustee shall have no obligation to furnish such reports and information to Holders. The Issuer shall make arrangements to furnish such reports and information to Holders directly.

Reports to Trustee and Holders. (a) Whether or not required by the rules and regulations of the Commission, beginning December 31, 2003, so long as any Notes are outstandingoutstanding hereunder, the Company will Parent shall furnish to the Trustee and, upon request, to the Holders of Notesfollowing: (1) all quarterly and annual financial information of Parent that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Company Parent were required to file such Forms, within 90 days of each fiscal year end with respect to each filing on Form 10-K and within 45 days after each quarter end with respect to each Form 10-Q (provided that, if the Commission's rules and regulations require either of such filings to be made within a shorter time period, then the Company will furnish such filings to the Trustee within such shorter time period), including a "“Management's ’s Discussion and Analysis of Financial Condition and Results of Operations" ” that describes the financial condition and results of operations of the Company Parent and its consolidated Subsidiaries (showing in reasonable detail, either on the face of the financial statements or in the footnotes thereto and in Management's Discussion and Analysis of Financial Condition and Results of Operations, the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company, if any) and, with respect to the annual information only, a report thereon by the Company's Parent’s certified independent accountsaccountants; and (2) all current reports that would be required to be filed with the Commission on Form 8-K if the Company were Parent was required to file such reportsreports (during any period in which Parent is not required to file reports with the Commission, such current reports need only be prepared or delivered if Parent determines in good faith that the information to be reported is material to the Holders of the Notes or the business, operations, assets, liabilities or financial position of Parent and its Subsidiaries, taken as a whole), in each case case, within the time periods specified in the Commission's ’s rules and regulations. regulations (and, during any period in which Parent is not required to file reports with the Commission, within the time periods specified in the Commission’s rules and regulations applicable to a “non-accelerated filer”). (b) In addition, following the consummation of the Exchange Offer contemplated by the Registration Rights Agreement, whether or not required by the rules and regulations of the Commission, the Company Parent will file a copy of make all such information and reports with the Commission for public availability publicly available (including via a non-password protected website) within the time periods specified in the Commission's ’s rules and regulations (unless the Commission will not accept such a filing)) and make such information available to Holders of the Notes upon request. In addition, prior to Parent and the consummation of the Exchange Offerother Guarantors shall, for so long as any Notes remain outstanding, the Company will furnish to the Holders of such Notes and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144(A)(d)(4144A(d)(4) under the Securities Act. (c) Whether Parent files such reports with the Commission or posts its reports on its website, the public posting of such reports shall satisfy any requirement hereunder to deliver such reports to the Trustee and Holders of the Notes. The terms of this Indenture shall not impose any duty on Parent under the Xxxxxxxx-Xxxxx Act of 2002 and the related Commission rules that would not otherwise be applicable to it. (d) Delivery of such reports and information to the Trustee shall be for informational purposes only, and the Trustee’s receipt of them 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 delivered pursuant to this Indenture, including Officers’ Certificates delivered pursuant to Section 4.06(a)). The Trustee shall have no obligation to furnish such reports and information to Holders.

Reports to Trustee and Holders. Whether or not required by the rules and regulations of the Commission, beginning December 31, 2003, so long as any Notes are outstanding, the Company will furnish to the Trustee and, upon request, to the Holders of Notes: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Company were required to file such Forms, within 90 days of each fiscal year end with respect to each filing on Form 10-K and within 45 days after each quarter end with respect to each Form 10-Q (provided that, if the Commission's rules and regulations require either of such filings to be made within a shorter time period, then the Company will furnish such filings to the Trustee within such shorter time period), including a "Management's Discussion and Analysis of Financial Condition and Results of Operations" that describes the financial condition and results of operations of the Company and its consolidated Subsidiaries (showing in reasonable detail, either on the face of the financial statements or in the footnotes thereto and in Management's Discussion and Analysis of Financial Condition and Results of Operations, the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company, if any) and, with respect to the annual information only, a report thereon by the Company's certified independent accounts; and (2) all current reports that would be required to be filed with the Commission on Form 8-K if the Company were required to file such reports, in each case within the time periods specified in the Commission's rules and regulations. In addition, following the consummation of the Exchange Offer contemplated by the Registration Rights Agreement, whether or not required by the rules and regulations of the Commission, the Company will file a copy of all such information and reports with the Commission for public availability within the time periods specified in the Commission's rules and regulations (unless the Commission will not accept such a filing). In addition, prior to the consummation of the Exchange Offer, for so long as any Notes remain outstanding, the Company will furnish to the Holders upon their request, the information required to be delivered pursuant to Rule 144(A)(d)(4) under the Securities Act.