Common use of Rules 144 and 144A Clause in Contracts

Rules 144 and 144A. Each of the Issuers shall use its commercially reasonable best efforts to file the reports required to be filed by it under the Securities Act and the Exchange Act in a timely manner and, if at any time such Issuer is not required to file such reports, it will, upon the written request of any Holder of Transfer Restricted Securities, make publicly available other information for so long as necessary to permit sales of such Holder's securities pursuant to Rules 144 and 144A. Each of the Issuers covenants that it will take such further action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted Securities, each of the Issuers shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any of the Issuers to register any of its securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of the Issuers shall use its commercially reasonable best efforts to file the reports required to be filed by it under the Securities Act and the Exchange Act in a timely manner and, if at any time such Issuer is not required to file such reports, it will, upon the written request of any Holder of Transfer Restricted Securities, make publicly available other information for so long as necessary to permit sales of such Holder's ’s securities pursuant to Rules 144 and 144A. Each of the Issuers covenants that it will take such further action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted Securities, each of the Issuers shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any of the Issuers to register any of its securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of So long as any Transfer Restricted Securities remain outstanding, the Issuers Company shall use its commercially reasonable best efforts to file the reports required to be filed by it under the Securities Act and the Exchange Act in a timely manner and, if at any time such Issuer is not required to file such reports, it willor, upon the written request of any Holder of Initial Securities that are Transfer Restricted Securities, make publicly available other information for so long as necessary to permit sales of such Holder's securities Securities pursuant to Rules 144 and 144A. Each of 144A under the Issuers Securities Act. The Company covenants that it will use its reasonable best efforts to take such further action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted such Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, including the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Initial Securities that are Transfer Restricted Securities, each of the Issuers Company shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 7 shall be deemed to require any of the Issuers Company to register any of its securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of the The Issuers shall use its commercially their reasonable best ------------------ efforts to file the reports required to be filed by it under the Securities Act and the Exchange Act in a timely manner and, if at any time such Issuer is the Issuers are not required to file such reports, it will, upon the written request of any Holder of Transfer Restricted Securities, make publicly available other information for so long as necessary to permit sales of such Holder's securities pursuant to Rules 144 and 144A. Each of the The Issuers covenants covenant that it they will take such further action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted Securities, each of the Issuers shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any of the Issuers to register any of its their securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of the Issuers The Issuer shall use its commercially reasonable best efforts to file the reports required to be filed by it under the Securities Act and the Exchange Act in a timely manner and, if at any time such the Issuer is not required to file such reports, it will, upon the written request of any Holder of Transfer Restricted Securities, make publicly available other information for so long as necessary to permit sales of such Holder's securities their Transfer Restricted Securities pursuant to Rules 144 and 144A. Each of the Issuers The Issuer covenants that it will take such further action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, including the requirements of Rule 144A(d)(4)). The Issuer will provide a copy of this Agreement to prospective purchasers of Initial Securities identified to the Issuer by the Initial Purchasers upon request. Upon the written request of any Holder of Transfer Restricted Initial Securities, each of the Issuers Issuer shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any of the Issuers Issuer to register any of its securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of the Issuers The Issuer shall use its commercially reasonable best ------------------ efforts to file the reports required to be filed by it under the Securities Act and the Exchange Act in a timely manner and, if at any time such the Issuer is not required to file such reports, it will, upon the written request of any Holder of Transfer Restricted Securities, make publicly available other information for so long as necessary to permit sales of such Holder's securities pursuant to Rules 144 and 144A. Each of The Issuer and the Issuers covenants Guarantors covenant that it they will take such further action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted Securities, each of the Issuers Issuer shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any of the Issuers Issuer to register any of its securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of The Issuers and the Issuers Guarantors shall use its commercially their reasonable best efforts to file the reports required to be filed by it them under the Securities Act and the Exchange Act in a timely manner and, if at any time such Issuer is the Issuers and the Guarantors are not required to file such reports, it they will, upon the written request of any Holder of Transfer Restricted SecuritiesNotes, make publicly available other information for so long as necessary to permit sales of such Holder's ’s securities pursuant to Rules 144 and 144A. Each of The Issuers and the Issuers covenants Guarantors covenant that it they will take such further action as any Holder of Transfer Restricted Securities Notes may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities Notes without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted SecuritiesNotes, each of the Issuers and the Guarantors shall deliver to such Holder a written statement as to whether it has they have complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any of the Issuers and the Guarantors to register any of its securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of the Issuers The Support Provider shall use its commercially reasonable best efforts to file the reports required to be filed by it under the Securities Act and the Exchange Act in a timely manner and, if at any time such Issuer the Support Provider is not required to file such reports, it will, upon the written request of any Holder of Transfer Restricted Securities, make publicly available other information for so long as necessary to permit sales of such Holder's securities pursuant to Rules 144 and 144A. Each of The Company and the Issuers covenants Support Provider covenant that it they will take such further action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted Securities, each of the Issuers Company and the Support Provider shall deliver to such Holder a written statement as to whether it has they have complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any of the Issuers Company to register any of its securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of if the Issuers shall use its commercially reasonable best efforts to file the reports required to be filed by it under the Securities Act and the Exchange Act in a timely manner and, if at any time such Issuer is not required to file such reports, it will, upon the written request of any Holder of Transfer Restricted Securities, make publicly available other information for so long as necessary to permit sales of such Holder's securities pursuant to Rules 144 and 144A. Each of the Issuers covenants that it will take such further action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted Securities, each of the Issuers shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any of the Issuers to register any of its securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of the The Issuers shall use its commercially their reasonable best efforts to file the reports required to be filed by it each of them, respectively, under the Securities Act and the Exchange Act in a timely manner and, if at any time such Issuer is the Issuers are not required to file such reports, it each will, upon the written request of any Holder of Transfer Restricted SecuritiesNotes, make publicly available other information for so long as necessary to permit sales of such Holder's their securities pursuant to Rules 144 and 144A. Each of the The Issuers covenants covenant that it they will take such further action as any Holder of Transfer Restricted Securities Notes may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities Notes without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, including the requirements of Rule 144A(d)(4)). The Issuers will provide a copy of this Agreement to prospective purchasers of Notes identified to the Issuers by the Initial Purchasers upon request. Upon the written request of any Holder of Transfer Restricted SecuritiesNotes, each of the Issuers shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 7 shall be deemed to require any of the Issuers to register any of its securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of the Issuers The Issuer shall use its commercially reasonable best ------------------ efforts to file the reports required to be filed by it under the Securities Act and the Exchange Act in a timely manner and, if at any time such the Issuer is not required to file such reports, it will, upon the written request of any Holder of Transfer Restricted Securities, make publicly available other information for so long as necessary to permit sales of such Holder's securities pursuant to Rules 144 and 144A. Each of the Issuers covenants Issuer and the Guarantors covenant that it will take such further action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted Securities, each of the Issuers Issuer and the Guarantors shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any of the Issuers Issuer to register any of its securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of the Issuers The Issuer shall use its commercially reasonable best efforts to file the reports required to be filed by it under the Securities Act and the Exchange Act in a timely manner and, if at any time such the Issuer is not required to file such reports, it will, upon the written request of any Holder of Transfer Restricted SecuritiesDollar Senior Notes, make publicly available other information for so long as necessary to permit sales of such Holder's securities pursuant to Rules 144 and 144A. Each of The Issuer and the Issuers covenants Guarantors covenant that it they will take such further action as any Holder of Transfer Restricted Securities Dollar Senior Notes may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities Dollar Senior Notes without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted SecuritiesDollar Senior Notes, each of the Issuers Issuer and the Guarantors shall deliver to such Holder a written statement as to whether it has they have complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any of the Issuers Issuer to register any of its securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of So long as any Transfer Restricted Securities remain outstanding, the Issuers Company shall use its commercially reasonable best efforts to file the reports required to be filed by it them under the Securities Act and the Exchange Act in a timely manner and, if at any time such Issuer the Company is not required to file such reports, it will, upon the written request of any Holder of Transfer Restricted Securities, make publicly available other information for so long as necessary to permit sales of such Holder's securities pursuant to Rules 144 and 144A. Each of the Issuers The Company covenants that it will take such further action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted Securities, each of the Issuers Company shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any of the Issuers Company to register any of its securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of the Issuers The Company shall use its commercially reasonable best efforts to file the reports required to be filed by it under the Securities Act and the Exchange Act in a timely manner and, if at any time such Issuer the Company is not required to file such reports, it will, upon the written request of any Holder of Transfer Restricted Securities, make publicly available other information for so long as necessary to permit sales of such Holder's securities ’s Transfer Restricted Securities pursuant to Rules 144 and 144A. Each of The Company and the Issuers covenants Note Guarantors covenant that it they will take such further action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted Securities, each of the Issuers Company and the Note Guarantors shall deliver to such Holder a written statement as to whether it has they have complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any of the Issuers Company to register any of its securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of the Issuers The Company shall use its commercially reasonable best efforts to file the reports required to be filed by it under the Securities Act and the Exchange Act in a timely manner and, if at any time such Issuer the Company is not required to file such reports, it will, upon the written request of any Holder of Transfer Restricted Securities, make publicly available other information for so long as necessary to permit sales of such Holder's securities pursuant to Rules 144 and 144A. Each The Company and each of the Issuers covenants Guarantors covenant that it they will take such further action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted Securities, the Company and each of the Issuers Guarantors shall deliver to such Holder a written statement as to whether it has they have complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 9 shall be deemed to require any of the Issuers Company to register any of its securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of The Issuers and the Issuers Guarantor Subsidiaries shall use its commercially their reasonable best efforts to file the reports required to be filed by it them under the Securities Act and the Exchange Act in a timely manner and, if at any time such Issuer is the Issuers and the Guarantor Subsidiaries are not required to file such reports, it they will, upon the written request of any Holder of Transfer Restricted SecuritiesNotes, make publicly available other information for so long as necessary to permit sales of such Holder's securities Holdxx'x xecurities pursuant to Rules 144 and 144A. Each of The Issuers and the Issuers covenants Guarantor Subsidiaries covenant that it they will take such further action as any Holder of Transfer Restricted Securities Notes may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities Notes without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted SecuritiesNotes, each of the Issuers shall deliver to such Holder a written statement as to whether it has they have complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any of the Issuers to register any of its their securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of For so long as any Transfer Restricted ------------------ Securities remain outstanding, the Issuers Company shall use its commercially reasonable best efforts to file the reports required to be filed by it under the Securities Act and the Exchange Act in a timely manner and, if at any time such Issuer the Company is not required to file such reports, it will, upon the written request of any Holder of Transfer Restricted Securities, make publicly available other information for so long as necessary to permit sales of such Holder's securities pursuant to Rules 144 and 144A. Each of the Issuers The Company covenants that it will take such further action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted Securities, each of the Issuers Company shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any of the Issuers Company to register any of its securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of the The Issuers shall use its commercially their reasonable best efforts to file the reports required to be filed by it under the Securities Act and the Exchange Act in a timely manner and, if at any time such Issuer is the Issuers are not required to file such reports, it will, upon the written request of any Holder of Transfer Restricted Securities, make publicly available other information for so long as necessary to permit sales of such Holder's securities pursuant to Rules 144 and 144A. Each of the Issuers covenants that it will take such further action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted Securities, each of the Issuers shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any of the Issuers to register any of its securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of the Issuers The Company shall use its commercially reasonable best efforts to file the reports required to be filed by it under the Securities Act and the Exchange Act in a timely manner and, if at any time such Issuer the Company is not required to file such reports, it will, upon the written request of any Holder of Transfer Restricted Securities, make publicly available other information for required to be made available by Rules 144 or 144A so long as necessary to permit sales of such Holder's securities pursuant to Rules 144 and 144A. Each of The Company and the Issuers covenants Subsidiary Guarantors covenant that it they will take such further action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted Securities, each of the Issuers Company and the Subsidiary Guarantors shall deliver to such Holder a written statement as to whether it has they have complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any of the Issuers Company to register any of its securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of the Issuers shall use its commercially their reasonable best efforts to file the reports required to be filed by it under the Securities Act and the Exchange Act in a timely manner and, if at any time such Issuer is the Issuers are not required to file such reports, it they will, upon the written request of any Holder of Transfer Restricted Securities, make or cause to be made publicly available other information for so long as necessary to permit sales of such Holder's securities pursuant to Rules 144 and 144A. Each of the The Issuers covenants covenant that it they will take such further action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted Securities, each of the Issuers Company shall deliver to such Holder a written statement as to whether it has the Issuers have complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any of the Issuers Company to register any of its securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of the Issuers shall use its commercially reasonable best efforts to file the reports required to be filed by it under the Securities Act and the Exchange Act in a timely manner and, if at any time such Issuer is not required to file such reports, it will, upon the written request of any Holder of Transfer Restricted Securities, make publicly available other information for so long as necessary to permit sales of such Holder's securities pursuant to Rules 144 and 144A. Each of the Issuers covenants that it will take such further action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted Securities, each of the Issuers such Issuer shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any either of the Issuers to register any of its securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of the The Issuers shall use its commercially their reasonable best efforts ------------------ to file the reports required to be filed by it under the Securities Act and the Exchange Act in a timely manner and, if at any time such Issuer is the Issuers are not required to file such reports, it will, upon the written request of any Holder of Transfer Restricted Securities, make publicly available other information for so long as necessary to permit sales of such Holder's securities pursuant to Rules 144 and 144A. Each of the The Issuers covenants covenant that it they will take such further action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted Securities, each of the Issuers shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any of the Issuers to register any of its their securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of the Issuers Company and BAC shall use its commercially reasonable best efforts to file the reports required to be filed by it under the Securities Act and the Exchange Act in a timely manner and, if at any time such Issuer the Company or BAC is not required to file such reports, it will, upon the written request of any Holder of Transfer Restricted Securities, make publicly available other information for so long as necessary to permit sales of such Holder's securities pursuant to Rules 144 and 144A. Each of the Issuers The Company covenants that it will take such further action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted Securities, each of the Issuers Company or BAC shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any of the Issuers Company or BAC to register any of its their securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of The Company and the Issuers Guarantor shall use its commercially their reasonable best efforts to file the reports required to be filed by it under the Securities Act and the Exchange Act in a timely manner and, if at any time such Issuer is the Company and the Guarantor are not required to file such reports, it they will, upon the written request of any Holder of Transfer Restricted Securities, make publicly available other information for so long as necessary to permit sales of such Holder's ’s securities pursuant to Rules 144 and 144A. Each of The Company and the Issuers covenants Guarantor covenant that it they will take such further action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted Securities, each of the Issuers Company and the Guarantor shall deliver to such Holder a written statement as to whether it has they have complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any of the Issuers Company to register any of its securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of the Issuers The Company shall use its commercially reasonable best ------------------ efforts to file the reports required to be filed by it under the Securities Act and the Exchange Act in a timely manner and, if at any time such Issuer the Company is not required to file such reports, it or Parent will, upon the written request of any Holder of Transfer Restricted Securities, make publicly available other information for so long as necessary to permit sales of such Holder's securities pursuant to Rules 144 and 144A. Each of The Company and the Issuers covenants Guarantors covenant that it they will take such further action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted Securities, each of the Issuers Company and the Guarantors shall deliver to such Holder a written statement as to whether it has they have complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any of the Issuers Company to register any of its securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of the Issuers The Company shall use its commercially reasonable best efforts ------------------ to file the reports required to be filed by it under the Securities Act and the Exchange Act in a timely manner and, if at any time such Issuer the Company is not required to file such reports, it will, upon the written request of any Holder of Transfer Restricted Securities, make publicly available other information for so long as necessary to permit sales of such Holder's securities pursuant to Rules 144 and 144A. Each of the Issuers The Company and each Guarantor covenants that it will take such further action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted Securities, each of the Issuers Company and the Guarantors shall deliver to such Holder a written statement as to whether it has they have complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any of the Issuers Company or a Guarantor to register any of its securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of the Issuers The Company shall use its commercially reasonable best efforts to file the reports required to be filed by it under the Securities Act and the Exchange Act and the rules and regulations adopted by the Commission thereunder in a timely manner and, if at any time such Issuer the Company is not required to file such reports, it will, upon the written request of any Holder of Transfer Restricted Securities, make publicly available other information for so long as necessary to permit sales of such Holder's securities pursuant to Rules 144 and 144A. Each of 144A or any successor rule or regulation hereafter adopted by the Issuers Commission. The Company covenants that it will take such further action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted Securities, each of the Issuers Company shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any of the Issuers Company to register any of its securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of the Issuers The Issuer shall use its commercially reasonable best efforts to file the reports required to be filed by it under the Securities Act and the Exchange Act in a timely manner and, if at any time such the Issuer is not required to file such reports, it will, upon the written request of any Holder of Transfer Restricted Securities, make publicly available other information for so long as necessary to permit sales of such Holder's securities pursuant to Rules 144 and 144A. Each of The Issuer and the Issuers covenants Note Guarantors covenant that it they will take such further action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted Securities, each of the Issuers Issuer and the Note Guarantors shall deliver to such Holder a written statement as to whether it has they have complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any of the Issuers Issuer to register any of its securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of the Issuers The Company shall use its commercially reasonable best efforts to file the reports required to be filed by it under the Securities Act and the Exchange Act in a timely manner and, if at any time such Issuer the Company is not required to file such reports, it will, upon the written request of any Holder of Transfer Restricted Securities, make publicly available other information for so long as necessary to permit sales of such Holder's securities pursuant to Rules 144 and 144A. Each of The Company and the Issuers covenants Subsidiary Guarantors covenant that it they will take such further action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted Securities, each of the Issuers Company and the Subsidiary Guarantors shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any of the Issuers Company to register any of its securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of the Issuers The Company shall use its commercially reasonable best efforts ------------------ to file the reports required to be filed by it under the Securities Act and the Exchange Act in a timely manner and, if at any time such Issuer the Company is not required to file such reports, it will, upon the written request of any Holder of Transfer Restricted Securities, make publicly available other information for as required by, and so long as necessary to permit sales of such Holder's securities pursuant to to, Rules 144 and 144A. Each of the Issuers The Company and each Guarantor covenants that it will take such further action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted Securities, each of the Issuers Company and the Guarantors shall deliver to such Holder a written statement as to whether it has they have complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any of the Issuers Company or a Guarantor to register any of its securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of the The Issuers shall use its commercially their reasonable best efforts to file the reports required to be filed by it under the Securities Act and the Exchange Act in a timely manner and, if at any time such either Issuer is not required to file such reports, it will, within a reasonable period of time, upon the written request of any Holder of Transfer Restricted Securities, make publicly available other information for so long as necessary to permit sales of such Holder's their securities pursuant to Rules 144 and 144A. Each of the The Issuers covenants covenant that it they will take such further action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell such Transfer Restricted Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, including the requirements of Rule 144A(d)(4)). The Issuers will provide a copy of this Agreement to prospective purchasers of Transfer Restricted Securities identified to the Issuers by any Initial Purchaser upon request. Upon the written request of any Holder of Transfer Restricted Securities, each of the Issuers shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 7 shall be deemed to require any of the Issuers to register any of its their securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of the Issuers Company and Holdings shall use its commercially reasonable best efforts to file the reports required to be filed by it under the Securities Act and the Exchange Act in a timely manner and, if at any time such Issuer the Company or Holdings is not required to file such reports, it will, upon the written request of any Holder of Transfer Restricted Securities, make publicly available other information for so long as necessary to permit sales of such Holder's securities pursuant to Rules 144 and 144A. Each of the Issuers Company and Holdings covenants that it will take such further action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted Securities, each of the Issuers Company and Holdings shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any of the Issuers Company or Holdings to register any of its securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of the Issuers The Company shall use its commercially reasonable best efforts to file the reports required to be filed by it under the Securities Act and the Exchange Act in a timely manner and, if at any time such Issuer the Company is not required to file such reports, it will, upon the written request of any Holder of Transfer Restricted Securities, make publicly available other information for so long as necessary to permit sales of such Holder's securities Holdxx'x xecurities pursuant to Rules 144 and 144A. Each of The Company and the Issuers Subsidiary Guarantors each covenants that it will take such further action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted Securities, the Company and the Subsidiary Guarantors each of the Issuers shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any of the Issuers Company to register any of its securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of the Issuers The Company shall use its commercially reasonable best efforts to file the reports required to be filed by it under the Securities Act and the Exchange Act in a timely manner and, if at any time such Issuer the Company is not required to file such reports, it will, upon the written request of any Holder of Transfer Restricted Securities, make publicly available other information for so long as necessary to permit sales of such Holder's securities pursuant to Rules 144 and 144A. Each of The Company and the Issuers Subsidiary Guarantors each covenants that it will take such further action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted Securities, each of the Issuers Company and the Subsidiary Guarantors shall deliver to such Holder a written statement as to whether it has they have complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any of the Issuers Company or a Subsidiary Guarantor to register any of its securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of the The Issuers shall use its commercially their reasonable best ------------------ efforts to file the reports required to be filed by it them under the Securities Act and the Exchange Act in a timely manner and, if at any time such Issuer is the Issuers are not required to file such reports, it such Issuers will, upon the written request of any Holder of Transfer Restricted Securities, make publicly available other information for so long as necessary to permit sales of such Holder's securities pursuant to Rules 144 and 144A. Each of the Issuers covenants that it will take such further action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted Securities, each of the Issuers shall deliver to such Holder a written statement as to whether it has they have complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any of the Issuers to register any of its such Issuer's securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of So long as any Transfer Restricted Securities remain outstanding, the Issuers Company shall use its commercially reasonable best efforts to file the reports required to be filed by it under the Securities Act and the Exchange Act in a timely manner and, if at any time such Issuer the Company is not required to file such reports, it will, upon the written request of any Holder of Transfer Restricted Securities, make publicly available other information for so long as necessary to permit sales of such Holder's securities pursuant to Rules 144 and 144A. Each of the Issuers The Company covenants that it will use its reasonable best efforts to take such further action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted Securities, each of the Issuers Company shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any of the Issuers to register any of its securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of the Issuers The Issuer shall use its commercially reasonable best efforts to file the reports required to be filed by it under the Securities Act and the Exchange Act in a timely manner and, if at any time such the Issuer is not required to file such reports, it will, upon the written request of any Holder of Transfer Restricted Securities, make publicly available other information for so long as necessary to permit sales of such Holder's their securities pursuant to Rules 144 and 144A. Each 144A, if the Conversion Price meets the requirements of the Issuers Rule 144A(d)(3)(i). The Issuer covenants that it will take such further action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell such Transfer Restricted Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A 144A, if the Conversion Price meets the requirements of Rule 144A(d)(3)(i), (including, without limitation, including the requirements of Rule 144A(d)(4)). The Issuer will provide a copy of this Agreement to prospective purchasers of Transfer Restricted Securities identified to the Issuer upon request by any Purchaser. Upon the written request of any Holder of Transfer Restricted Securities, each of the Issuers Issuer shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 7 shall be deemed to require any of the Issuers Issuer to register any of its securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of The Company and the Issuers Guarantors shall use its commercially their reasonable best efforts to file the reports required to be filed by it under the Securities Act and the Exchange Act in a timely manner and, if at any time such Issuer the Company is not required to file such reports, it will, upon the written request of any Holder of Transfer Restricted Securities, make publicly available other information for so long as necessary to permit sales of such Holder's securities pursuant to Rules 144 and 144A. Each of The Company and the Issuers covenants Guarantors covenant that it they will take such further action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted Securities, each of the Issuers Company shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any of the Issuers Company to register any of its securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of the The Issuers shall use its commercially their reasonable best efforts to file the reports required to be filed by it them under the Securities Act and the Exchange Act in a timely manner and, if at any time such Issuer is the Issuers are not required to file such reports, it they will, upon the written request of any Holder of Transfer Restricted Securities, make publicly available other information for so long as necessary to permit sales of such Holder's securities pursuant to Rules 144 and 144A. Each of The Issuers and the Issuers covenants Guarantors covenant that it they will take such further action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted Securities, each of the Issuers and the Guarantors shall deliver to such Holder a written statement as to whether it has they have complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any of the Issuers to register any of its their securities pursuant to the Exchange ActAct nor shall it be deemed to require any Guarantor to file reports with the Commission or make public any information that it would not be required by law to file or make available.

Rules 144 and 144A. Each of the Issuers shall shall, for so long as it is subject to the reporting requirements of the Exchange Act, use its commercially reasonable best efforts to file the reports required to be filed by it under the Securities Act and the Exchange Act in a timely manner and, if at any time such Issuer is the Issuers are not required to file such reports, it willthey shall, upon the written request of any Holder of Transfer Restricted Securities, make publicly available provide other information for so long as necessary to permit sales of such Holder's securities pursuant to Rules 144 and 144A. Each of the Issuers covenants that it will take such further reasonable action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted Securities, each of the Issuers shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any of the Issuers to register any of its their securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of the The Issuers shall use its commercially their reasonable best efforts to file the reports required to be filed by it them under the Securities Act and the Exchange Act in a timely manner and, if at any time such Issuer is the Issuers are not required to file such reports, it they will, upon the written request of any Holder of Transfer Restricted SecuritiesSenior Subordinated Notes, make publicly available other information for so long as necessary to permit sales of such Holder's ’s securities pursuant to Rules 144 and 144A. Each of The Issuers and the Issuers covenants Guarantors covenant that it they will take such further action as any Holder of Transfer Restricted Securities Senior Subordinated Notes may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities Senior Subordinated Notes without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted SecuritiesSenior Subordinated Notes, each of the Issuers and the Guarantors shall deliver to such Holder a written statement as to whether it has they have complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any of the Issuers to register any of its their securities pursuant to the Exchange Act.

Rules 144 and 144A. Each of the The Issuers shall use its commercially their reasonable best efforts to file the reports required to be filed by it them under the Securities Act and the Exchange Act in a timely manner and, if at any time such Issuer is the Issuers are not required to file such reports, it each will, upon the written request of any Holder of Transfer Restricted Securities, make publicly available other information for so long as necessary to permit sales of such Holder's securities Transfer Restricted Securities pursuant to Rules 144 and 144A. Each of the Issuers covenants that it will take such further action as any Holder of Transfer Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Transfer Restricted Securities without registration under the Securities Act within the limitation of the exemptions provided by Rules 144 and 144A (including, without limitation, the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Transfer Restricted Securities, each of the Issuers shall deliver to such Holder a written statement as to whether it has they have complied with such requirements. Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to require any of the Issuers to register any of its their securities pursuant to the Exchange Act.