Common use of Reports to Trustee Clause in Contracts

Reports to Trustee. (a) The Company shall deliver to the Trustee within 120 days after the end of each fiscal year a certificate from the principal executive, financial or accounting officer of the Company stating that the officer has conducted or supervised a review of the activities of the Company and its Restricted Subsidiaries and their performance under this Indenture and that, based upon such review, the Company has fulfilled its obligations hereunder or, if there has been a Default, specifying the Default and its nature and status. (b) The Company shall deliver to the Trustee, as soon as possible and in any event within 30 days after the Company becomes aware or should reasonably become aware of the occurrence of a Default, an Officers’ Certificate setting forth the details of the Default, and the action which the Company proposes to take with respect thereto. (c) The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company a written statement by the Company’s independent public accountants stating (i) that their audit examination has included a review of the terms of this Indenture and the Notes as they relate to accounting matters, and (ii) whether, in connection with their audit examination, any Default has come to their attention and, if a Default has come to their attention, specifying the nature and period of the existence thereof. (d) The Company shall notify the Trustee when any Notes are listed on any national securities exchange and of any delisting. (e) If a Default or an Event of Default has occurred, the Company or such Subsidiary Guarantor shall deliver to the Trustee within five Business Days of the Company or such Subsidiary Guarantor, as the case may be, becoming aware of such Default or Event of Default, a written statement (which need not be an Officers’ Certificate) setting forth the details of such Default or Event of Default and the actions that the Company or such Subsidiary Guarantor, as the case may be, proposes to take with respect thereto.

Reports to Trustee. (a) The Company shall will deliver to the Trustee within 120 days after the end of each fiscal year a certificate from the principal executive, financial or accounting officer of the Company stating that the officer has conducted or supervised a review of the activities of the Company and its Restricted Subsidiaries and their performance under this the Indenture and that, based upon such review, the Company has fulfilled its obligations hereunder or, if there has been a Default, specifying the Default and its nature and status. (b) The Company shall will deliver to the Trustee, as soon as possible and in any event within 30 days after the Company becomes aware or should reasonably become aware of the occurrence of a Default, an Officers’ ' Certificate setting forth the details of the Default, and the action which the Company proposes to take with respect thereto. (c) The Company shall will deliver to the Trustee within 120 days after the end of each fiscal year of the Company a written statement by the Company’s 's independent public accountants stating (i) that their audit examination has included a review of the terms of this Indenture and the Notes as they relate to accounting matters, and (ii) whether, in connection with their audit examination, any Default has come to their attention and, if a Default has come to their attention, specifying the nature and period of the existence thereof. (d) The Company shall will notify the Trustee when any Notes are listed on any national securities exchange and of any delisting. (e) If a Default or an Event of Default has occurred, the Company or such Subsidiary Guarantor shall deliver to the Trustee within five Business Days of the Company or such Subsidiary Guarantor, as the case may be, becoming aware of such Default or Event of Default, a written statement (which need not be an Officers’ Certificate) setting forth the details of such Default or Event of Default and the actions that the Company or such Subsidiary Guarantor, as the case may be, proposes to take with respect thereto.

Reports to Trustee. (a) The Company shall deliver to the Trustee within 120 days after the end of each fiscal year a certificate from the principal executive, financial or accounting officer of the Company stating that the officer has conducted or supervised a review of the activities of the Company and its Restricted Subsidiaries and their performance under this Indenture and that, based upon such review, the Company has fulfilled its obligations hereunder or, if there has been a Default, specifying the Default and its nature and status. (b) The Company shall deliver to the Trustee, as soon as possible and in any event within 30 days after the Company becomes aware or should reasonably become aware of the occurrence of a Default, an Officers’ Certificate setting forth the details of the Default, and the action which the Company proposes to take with respect thereto. (c) The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company a written statement by the Company’s independent public accountants stating (i) that their audit examination has included a review of the terms of this Indenture and the Notes as they relate to accounting matters, and (ii) whether, in connection with their audit examination, any Default has come to their attention and, if such a Default has come to their attention, specifying the nature and period of the existence thereof.; provided, however, that if the Company’s independent public accountants are unable to provide such written statement due to the existence of a rule, regulation or policy prohibiting such accountants from delivering such written statement, then the Company shall not be required to provide such written statement to the Trustee; and (d) The Company shall notify the Trustee when any Notes are listed on any national securities exchange and of any delisting. (e) If a Default or an Event of Default has occurred, the Company or such Subsidiary Guarantor shall deliver to the Trustee Trustee, within five Business Days 120 days after the end of each fiscal year, beginning with the Company or such Subsidiary Guarantorfiscal year ending September 30, as the case may be, becoming aware of such Default or Event of Default2010, a written statement (which need not be an Officers’ CertificateOpinion of Counsel as to the continued perfection of the liens of the Security Documents on the Collateral, to the extent required by Section 314(b)(2) setting forth of the details of such Default or Event of Default and the actions that the Company or such Subsidiary Guarantor, as the case may be, proposes to take with respect theretoTrust Indenture Act.

Reports to Trustee. (a) The Company shall will deliver to the Trustee within 120 days after the end of each fiscal year a certificate from the principal executive, financial or accounting officer of the Company stating that the officer has conducted or supervised a review of the activities of the Company and its Restricted Subsidiaries and their performance under this Indenture and that, based upon such review, the Company has fulfilled its obligations hereunder or, if there has been a Default, specifying the Default and its nature and status. (b) The Company shall will deliver to the Trustee, as soon as possible practicable and in any event within 30 days after the Company becomes aware of any Default or should reasonably become aware Event of the occurrence of a Default, an Officers’ ' Certificate setting forth the details of the Default or Event of Default, and the action which the Company proposes to take with respect thereto. (c) The Company shall deliver furnish to the Trustee within 120 days after the end of each fiscal year of the Company a written statement by the Company’s independent public accountants stating Trustee: (i) that their audit examination has included a review of promptly after the terms execution and delivery of this Indenture, an Opinion of Counsel either stating that, in the opinion of such counsel, this Indenture has been properly recorded and filed so as to make effective the Notes as they relate Liens intended to accounting mattersbe created thereby, and reciting the details of such action, or stating that in the opinion of such counsel no such action is necessary to make such Liens effective; and (ii) whetherwithin three months after each anniversary of the date of this Indenture, an Opinion of Counsel, dated as of such date, either stating that, in connection the opinion of such counsel, such action has been taken with their audit examinationrespect to the recording, any Default has come to their attention andfiling, if a Default has come to their attention, specifying the nature re-recording and period re-filing of the existence thereofSecurity Documents, financing statements, continuation statements or other instruments or documents as is necessary to maintain the Lien of the Security Documents and reciting the details of such action, or stating that, in the opinion of such counsel, no such action is necessary to maintain such Lien, to the extent such opinion is required by Section 314(b) of the Trust Indenture Act. (d) The Company shall will notify the Trustee when any Notes are listed on any national securities exchange and of any delisting. (e) If a Default or an Event of Default has occurred, the Company or such Subsidiary Guarantor shall deliver to the Trustee within five Business Days of the Company or such Subsidiary Guarantor, as the case may be, becoming aware of such Default or Event of Default, a written statement (which need not be an Officers’ Certificate) setting forth the details of such Default or Event of Default and the actions that the Company or such Subsidiary Guarantor, as the case may be, proposes to take with respect thereto.

Reports to Trustee. (a) The Company shall Issuers will deliver to the Trustee Trustee, within 120 days after the end of each fiscal year (which as of the date of this Indenture ends on December 31; and the Issuers shall provide prompt written notice to the Trustee in the event of a change to such fiscal year end), a certificate from the principal executive, financial or accounting officer of the Company Parent stating that the officer has conducted or supervised a review of the activities of the Company Parent and its Restricted Subsidiaries and their performance under this Indenture and thatwhether, based upon such review, the Company has fulfilled its obligations hereunder or, signers thereof know of any Default that occurred during the previous year and if there has been a Default, specifying the Default and its nature and status. (b) The Company shall Issuers will deliver to the Trustee, as soon as possible and in any event Trustee within 30 days after the Company becomes aware or should reasonably become aware of the occurrence of a Default or Event of Default, an Officers’ Certificate setting forth the details of the Default or Event of Default, its status and what action the action which the Company proposes Issuers are taking or propose to take with in respect thereto. (c) The Company shall Issuers will deliver to the Trustee within 120 days after the end of each fiscal year of the Company Parent (which as of the date of this Indenture ends on December 31; and the Issuers shall provide prompt written notice to the Trustee in the event of a change to such fiscal year end) a written statement by the CompanyParent’s independent public accountants stating (i) that their audit examination has included a review of the terms of this Indenture and the Notes as they relate to accounting matters, and (ii) whether, in connection with their audit examination, any Default or Event of Default has come to their attention and, if a Default or Event of has come to their attention, specifying the nature and period of the existence thereof. (d) The Company shall Issuers will notify the Trustee Trustee, in writing, when any Notes are listed on any national securities exchange and of any delisting. (e) If a Default or an Event of Default has occurred, the Company or such Subsidiary Guarantor shall deliver to the Trustee within five Business Days of the Company or such Subsidiary Guarantor, as the case may be, becoming aware of such Default or Event of Default, a written statement (which need not be an Officers’ Certificate) setting forth the details of such Default or Event of Default and the actions that the Company or such Subsidiary Guarantor, as the case may be, proposes to take with respect thereto.

Reports to Trustee. (a) The Company shall and each Guarantor will deliver to the Trustee within 120 days after the end of each fiscal year a certificate from the principal executive, financial or accounting officer of the Company stating that the officer has conducted or supervised a review of the activities certificate, executed by officers of the Company and its Restricted Subsidiaries and their performance under this Indenture and thateach Guarantor, based upon such review, stating that the Company and each Guarantor has fulfilled its obligations hereunder or, if there has been a Default, specifying the Default and its nature and status. (b) The Company shall will deliver to the Trustee, as soon as possible and in any event within 30 days after the Company becomes aware or should reasonably become aware of the occurrence of a Default, an Officers’ ' Certificate setting forth the details of the Default, and the action which the Company proposes to take with respect thereto. (c) The Company shall will deliver to the Trustee within 120 days after the end of each fiscal year of the Company a written statement by the Company’s 's independent public accountants stating (i) that their audit examination has included a review of the terms of this Indenture and the Notes as they relate to accounting matters, and (ii) whether, in connection with their audit examination, any Default has come to their attention and, if a Default has come to their attention, specifying the nature and period of the existence thereof. (d) The Company shall furnish to the Trustee: (i) promptly after the execution and delivery of each of the Security Documents, an Opinion of Counsel stating that, in the opinion of such counsel, the Security Documents and other applicable financing statements or other instruments have been properly recorded and filed, to the extent necessary to (ii) within 120 days after the end of each fiscal year of the Company, an Opinion of Counsel, dated as of such date, either stating that, in the opinion of such counsel, such action has been taken with respect to the recording, filing, re- recording and re-filing of the Security Documents, financing statements, continuation statements or other instruments as is necessary to maintain the Lien of the Security Documents and reciting the details of such action, or stating that, in the opinion of such counsel, no such action is necessary to maintain such Lien, to the extent such opinion is required by Section 314(b) of the Trust Indenture Act. (e) The Company will notify the Trustee when any Notes are become listed on any national securities exchange and of any delisting. (e) If a Default or an Event of Default has occurred, the Company or such Subsidiary Guarantor shall deliver to the Trustee within five Business Days of the Company or such Subsidiary Guarantor, as the case may be, becoming aware of such Default or Event of Default, a written statement (which need not be an Officers’ Certificate) setting forth the details of such Default or Event of Default and the actions that the Company or such Subsidiary Guarantor, as the case may be, proposes to take with respect thereto.

Reports to Trustee. (a) The a)The Company shall will deliver to the Trustee within 120 days concurrently with making available its financial statements pursuant to Section 4.03 after the end of each fiscal year a certificate from Issue Date, an Officer’s Certificate signed by the principal executiveexecutive officer, principal financial officer or principal accounting officer of the Company stating that whether or not to the officer has conducted or supervised a review knowledge of such person, after due inquiry, the Company is in default in the performance and observance of any of the activities terms, provisions and conditions of this Indenture (without regard to any period of grace or requirement of notice provided thereunder) and, if the Company is in default, specifying all such defaults and the nature and status thereof of which such person may have such knowledge. (a) The Company will furnish to the Trustee for distribution to each Holder upon request: (i) within 60 days of the annual renewal thereof, a certificate of insurance coverage from each insurer with respect to the insurance required by Section 4.09, and if requested by any Holder, all copies of the applicable policies; (ii) prompt written notice, and in any event within five Business Days, of the occurrence of any Casualty Event with respect to Oil and Gas Properties having an estimated Dollar value in excess of $45,000,000 or the commencement of any action or proceeding that would reasonably be expected to result in a Casualty Event with respect to Oil and Gas Properties having an estimated Dollar value in excess of $45,000,000; (iii) in the case of the Company and its Restricted Subsidiaries and their performance under this Indenture and thatthe Subsidiary Guarantors, based upon such review, the Company has fulfilled its obligations hereunder or, if there has been a Default, specifying the Default and its nature and status. prompt written notice (b) The Company shall deliver to the Trustee, as soon as possible and in any event within 30 days after the Company becomes aware or should reasonably become aware following any such change) of the occurrence of a Default, an Officers’ Certificate setting forth the details of the Default, and the action which the Company proposes to take with respect thereto. any change (cA) The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company a written statement by in the Company’s independent public accountants stating or any Subsidiary Guarantor’s corporate name, (iB) that their audit examination has included a review in the Company’s or any Subsidiary Guarantor’s identity or corporate structure or in the jurisdiction in which such Person is incorporated or formed or (C) in the Company’s or any Subsidiary Guarantor’s jurisdiction of the terms organization or such Person’s organizational identification number in such jurisdiction of this Indenture and the Notes as they relate to accounting matters, and (ii) whether, in connection with their audit examination, any Default has come to their attention organization; and, if a Default has come to their attention, specifying the nature and period of the existence thereof. (div) The Company shall notify promptly following any request therefor, such other information regarding the Trustee when any Notes are listed on any national securities exchange operations, business affairs and of any delisting. (e) If a Default or an Event of Default has occurred, the Company or such Subsidiary Guarantor shall deliver to the Trustee within five Business Days financial condition of the Company or such any Restricted Subsidiary Guarantor(including any reports or other information required to be filed under ERISA), as the case Trustee or any Holder may bereasonably request. (b) Documents required to be delivered pursuant to Sections 4.03 and 4.04 may be delivered electronically and if so delivered, becoming aware shall be deemed to have been delivered on the date (i) on which (A) the Company posts such documents, or provides a link thereto on the Company’s website on the internet at xxx.xxxxx.xxx or (B) such documents are publically available on the SEC’s XXXXX website or (ii) on which such documents are delivered to the Trustee, including in electronic form. The Trustee shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company with any such request for delivery, and each Holder shall be solely responsible for requesting, at its option, delivery to it or maintaining its copies of such Default or Event of Default, a written statement (which need not be an Officers’ Certificate) setting forth the details of such Default or Event of Default and the actions that the Company or such Subsidiary Guarantor, as the case may be, proposes to take with respect theretodocuments.

Reports to Trustee. (a) The Company shall deliver to the Trustee within 120 days after the end of each fiscal year a certificate from the principal executive, financial or accounting officer of the Company stating that the officer has conducted or supervised a review of the activities of the Company and its Restricted Subsidiaries and their performance under this Indenture and that, based upon such review, the Company has fulfilled its obligations hereunder or, if there has been a Default, specifying the Default and its nature and status. (b) The Company shall deliver to the Trustee, as soon as possible and in any event within 30 days after the Company becomes aware or should reasonably become aware of the occurrence of a Default, an Officers’ Certificate setting forth the details of the Default, and the action which the Company proposes to take with respect thereto. (c) The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company a written statement by the Company’s independent public accountants stating (i) that their audit examination has included a review of the terms of this Indenture and the Notes as they relate to accounting matters, and (ii) whether, in connection with their audit examination, any Default has come to their attention and, if a Default has come to their attention, specifying the nature and period of the existence thereof. (d) The Company shall notify the Trustee when any Notes are listed on any national securities exchange and of any delisting. (e) If a Default or an Event of Default has occurred, the Company or such Subsidiary Guarantor shall deliver to the Trustee within five Business Days of the Company or such Subsidiary Guarantor, as the case may be, becoming aware of such Default or Event of Default, a written statement (which need not be an Officers’ Certificate) setting forth the details of such Default or Event of Default and the actions that the Company or such Subsidiary Guarantor, as the case may be, proposes to take with respect thereto.