Common use of SEC and Other Reports Clause in Contracts

SEC and Other Reports. except for filings referred to in Section 7.1(a) and (b) above, within five Business Days of their becoming available and, to the extent applicable, one copy of (1) each financial statement, report, notice or proxy statement sent by the Company or any Restricted Subsidiary to its principal lending banks as a whole (excluding information sent to such banks in the ordinary course of administration of a bank facility, such as information relating to pricing and borrowing availability) or to its public securities holders generally, and (2) each regular or periodic report, each registration statement (without exhibits except as expressly requested by such Purchaser or holder), and each prospectus and all amendments thereto filed by the Company or any Restricted Subsidiary with the SEC and of all press releases and other statements made available generally by the Company or any Restricted Subsidiary to the public concerning developments that are Material, provided that the Company shall be deemed to have made such delivery of any such information if it shall have timely made Electronic Delivery thereof and shall have given each Purchaser or holder of Notes notice of such Electronic Delivery within such five Business Days;

SEC and Other Reports. except for the filings referred to in Section 7.1(a) and (b) above, within five Business Days of promptly upon their becoming available and, to the extent applicableavailable, one copy of (1i) each financial statementstatement (including, without limitation, any consolidating financial statements), report, notice or proxy statement sent by the Company or any Restricted Subsidiary to its principal lending banks as a whole (excluding information sent to such banks in the ordinary course of administration of a bank facility, such as information relating to pricing and borrowing availability) or to its public securities Securities holders generally, and (2ii) each regular or periodic report, each registration statement (without exhibits except as expressly requested by such Purchaser or holder), and each prospectus and all amendments thereto filed by the Company or any Restricted Subsidiary with the SEC and of all press releases and other statements made available generally by the Company or any Restricted Subsidiary to the public concerning developments that are Material, provided that the Company shall be deemed to have made such delivery of any such information if it shall have timely made Electronic Delivery thereof and shall have given each Purchaser or holder of Notes notice of such Electronic Delivery within such five Business Daysthereof;

SEC and Other Reports. except for filings referred to in Section 7.1(a) and (b) above, within five Business Days of promptly upon their becoming available and, to the extent applicable, one copy of (1i) each financial statement, report, notice or proxy statement sent by the Company or any Restricted Subsidiary to its principal lending banks as a whole (excluding information sent to such banks in the ordinary course of administration of a bank facility, such as information relating to pricing and borrowing availability) or to its public securities holders generally, and (2ii) each regular or periodic report, each registration statement (without exhibits except as expressly requested by such Purchaser or holder), and each prospectus and all amendments thereto filed by the Company or any Restricted Subsidiary with the SEC Securities and Exchange Commission and of all press releases and other statements made available generally by the Company or any Restricted Subsidiary to the public concerning developments that are Material), provided provided, that the Company shall be deemed to have made such delivery of any such information reports or documents if it shall have timely made Electronic Delivery thereof and shall have given each Purchaser or holder of Notes notice of such Electronic Delivery within such five Business Daysthereof;

SEC and Other Reports. except for filings referred to in Section 7.1(a) and (b) above, within five Business Days of their becoming available and, to the extent applicable, one copy of (1) each financial statement, report, notice or proxy statement sent by the Company or any Restricted Subsidiary to its principal lending banks as a whole (excluding information sent to such banks in the ordinary course of administration of a bank facility, such as information relating to pricing and borrowing availability) or to its public securities holders generally, and (2) each regular or periodic report, each registration statement (without exhibits except as expressly requested by such Purchaser, Additional Purchaser or holder), and each prospectus and all amendments thereto filed by the Company or any Restricted Subsidiary with the SEC and of all press releases and other statements made available generally by the Company or any Restricted Subsidiary to the public concerning developments that are Material, provided that the Company shall be deemed to have made such delivery of any such information if it shall have timely made Electronic Delivery thereof and shall have given each Purchaser, Additional Purchaser or holder of Notes notice of such Electronic Delivery within such five Business Days;

SEC and Other Reports. except for filings referred to in Section 7.1(a) and (b) above, within five Business Days of promptly upon their becoming available and, to the extent applicableavailable, one copy of (1i) each financial statement, report, notice or proxy statement sent by the Company or any Restricted Subsidiary to its principal lending banks as a whole (excluding information sent to such banks in the ordinary course of administration of a bank facility, such as information relating to pricing and borrowing availability) availability or to its public securities holders generally), (ii) the Company’s annual report to shareholders, if any, prepared pursuant to the Rule 14a(3) under the Exchange Act, and (2iii) each regular or periodic report, each registration statement (without exhibits except as expressly requested by such Purchaser or holder), and each prospectus and all amendments thereto filed by the Company or any Restricted Subsidiary with the SEC and of all press releases and other statements made available generally by the Company or any Restricted Subsidiary to the public concerning developments that are Material; provided, provided further, that the Company shall be deemed to have made such delivery of any such information materials if it shall have timely made Electronic Delivery thereof and shall have given each Purchaser or holder of Notes notice of such Electronic Delivery within such five Business Days;thereof; CH ENERGY GROUP, INC. NOTE PURCHASE AGREEMENT

SEC and Other Reports. except for filings referred to in Section 7.1(a) and (b) above, within five Business Days of their becoming available and, to the extent applicable, one copy of (1) each financial statement, report, notice or proxy statement sent by the Company or any Restricted Subsidiary to its principal lending banks as a whole (excluding information sent to such banks in the ordinary course of administration of a bank facility, such as information relating to pricing and borrowing availability) or to its public securities holders generally, and (2) each regular or periodic report, each registration statement (without exhibits except as expressly requested by such Purchaser or holder), and each prospectus and all amendments thereto filed by the Company or any Restricted Subsidiary with the SEC and of all press releases and other statements made available generally by the Company or any Restricted Subsidiary to the public concerning developments that are Material, provided that the Company shall be deemed to have made such delivery of any such information if it shall have timely made Electronic Delivery thereof and shall have given each Purchaser or holder of Notes notice of such Electronic Delivery within such five Business Days;

SEC and Other Reports. except for filings referred to in Section 7.1(a) and (b) above, within five Business Days of promptly upon their becoming available and, to the extent applicableavailable, one copy of (1i) each financial statement, report, notice or circular, notice, proxy statement or similar document sent by the Company or any Restricted Subsidiary to its principal lending banks as a whole (excluding information sent to such principal lending banks in the ordinary course of administration of a bank facility, such as information relating to pricing and borrowing availability) or to its public securities holders generally, provided that the Company shall be deemed to have made such delivery if it shall have timely made Electronic Delivery, and (2ii) each regular or periodic report, each registration statement (without exhibits except as expressly requested by such Purchaser or holderHolder), and each prospectus and all amendments thereto filed by the Company or any Restricted Subsidiary with the SEC and of all press releases and other statements made available generally by the Company or any Restricted Subsidiary to the public concerning developments that are Material, provided that the Company shall be deemed to have made such delivery of any such information if it shall have timely made Electronic Delivery thereof and shall have given each Purchaser or holder of Notes notice of such Electronic Delivery within such five Business DaysDelivery;

SEC and Other Reports. except for filings referred to in Section 7.1(a) and (b) above, within five Business Days of promptly upon their becoming available and, to the extent applicable, one copy of (1i) each financial statement, report, notice or proxy statement sent by the Company or any Restricted Subsidiary to its principal lending banks as a whole (excluding information sent to such banks in the ordinary course of administration of a bank facility, such as information relating to pricing and borrowing availability) or to its public securities holders generally, and (2ii) each regular or periodic report, each registration statement (without exhibits except as expressly requested by such Purchaser or holder), and each prospectus and all amendments thereto filed by the Company or any Restricted Subsidiary with the SEC and of all press releases and other statements made available generally by the Company or any Restricted Subsidiary to the public concerning developments that are Material, provided that that, the Company shall be deemed to have made such delivery satisfied the requirements of any this Section 7.1(c) if such information if it shall have timely made Electronic Delivery thereof and shall have given each Purchaser or holder of Notes notice of such Electronic Delivery within such five Business Daysis posted on “XXXXX”;

SEC and Other Reports. except for filings referred to in Section 7.1(a) and (b) above, within five Business Days of promptly upon their becoming available and, to the extent applicable, one copy of (1i) each financial statement, report, notice or proxy statement sent by the Company or any Restricted Subsidiary to its principal lending banks as a whole (excluding any information sent to such banks in the ordinary course of administration of a bank facility, such as information relating to pricing and borrowing availability) or to its public securities holders generally, and (2ii) each regular or periodic report, each registration statement (without exhibits except as expressly requested by such Purchaser or holder), and each prospectus and all amendments thereto filed by the Company or any Restricted Subsidiary with the SEC and of all press releases and other statements made available generally by the Company or any Restricted Subsidiary to the public concerning developments that are Material, provided that the Company shall be deemed to have made such delivery of any such information reports if it shall have timely made Electronic Delivery thereof and shall have given each Purchaser or holder of Notes notice of such Electronic Delivery within such five Business Daysthereof;

SEC and Other Reports. except for filings referred to in Section 7.1(a) and (b) above, within five Business Days of their becoming available and, to the extent applicable, one copy of (1) each financial statement, report, notice or proxy statement sent by the Company or any Restricted Subsidiary to its principal lending banks as a whole (excluding information sent to such banks in the ordinary course of administration of a bank facility, such as information relating to pricing and borrowing availability) or to its public securities holders generally, and (2) each regular or periodic report, each registration statement (without exhibits except as expressly requested by such Purchaser, Additional Purchaser or holder), and each prospectus and all amendments thereto filed by the Company or any Restricted Subsidiary with the SEC and of all press releases and other statements made available generally by the Company or any Restricted Subsidiary to the public concerning developments that are Material, provided that the Company shall be deemed to have made such delivery of any such information if it shall have timely made Electronic Delivery thereof and shall have given each Purchaser or holder of Notes notice of such Electronic Delivery within such five Business Days;

SEC and Other Reports. except for filings referred to in Section 7.1(a) and (b) above, within five Business Days of promptly upon their becoming available and, to the extent applicableavailable, one copy of (1i) each financial statement, report, notice or proxy statement sent by the MLP, the Company or any Restricted Subsidiary to its principal lending banks as a whole (excluding information sent to such banks in the ordinary course of administration of a bank facility, such as information Alliance Resource Operating Partners, L.P. Note Purchase Agreement relating to pricing and borrowing availability) availability or to its public securities holders generally, ) and (2ii) each regular or periodic report, each registration statement (without exhibits except as expressly requested by such Purchaser or holder), and each prospectus and all amendments thereto filed by the MLP, the Company or any Restricted Subsidiary with the SEC and of all press releases and other statements made available generally by the MLP, the Company or any Restricted Subsidiary to the public concerning developments that are Material, ; provided that the Company shall be deemed to have made such delivery of any such information reports, statements and releases if it shall have timely made Electronic Delivery thereof and shall have given each Purchaser or holder of Notes notice of such Electronic Delivery within such five Business Daysthereof;

SEC and Other Reports. except for filings referred to in Section 7.1(a) and (b) above, within five Business Days of promptly upon their becoming available and, to the extent applicable, one copy of (1i) each financial statement, report, notice or proxy statement sent by the Company CompanyNew ICE Parent or any Restricted Subsidiary to its principal lending banks as a whole (excluding any information sent to such banks in the ordinary course of administration of a bank facility, such as information relating to pricing and borrowing availability) or to its public securities holders generally, and (2ii) each regular or periodic report, each registration statement (without exhibits except as expressly requested by such Purchaser or holder), and each prospectus and all amendments thereto filed by the Company CompanyNew ICE Parent or any Restricted Subsidiary with the SEC and of all press releases and other statements made available generally by the Company CompanyNew ICE Parent or any Restricted Subsidiary to the public concerning developments that are Material, provided that the Company CompanyNew ICE Parent shall be deemed to have made such delivery of any such information reports if it shall have timely made Electronic Delivery thereof and shall have given each Purchaser or holder of Notes notice of such Electronic Delivery within such five Business Daysthereof;

SEC and Other Reports. except for filings referred to in Section 7.1(a) and (b) above, within five Business Days of promptly upon their becoming available and, to the extent applicableavailable, one copy of (1i) each financial statement, report, notice or proxy statement sent by the Company or any Restricted Subsidiary to its principal lending banks as a whole (excluding information sent to such banks in the ordinary course of administration of a bank facility, such as information relating to pricing and borrowing availability) availability or to its public securities holders generally), (ii) the Company’s annual report to shareholders, if any, prepared pursuant to the Rule 14a(3) under the Exchange Act, and (2iii) each regular or periodic report, each registration statement (without exhibits except as expressly requested by such Purchaser or holder), and each prospectus and all amendments thereto filed by the Company or any Restricted Subsidiary with the SEC and of all press releases and other statements made available generally by the Company or any Restricted Subsidiary to the public concerning developments that are Material; provided, provided further, that the Company shall be deemed to have made such delivery of any such information materials if it shall have timely made Electronic Delivery thereof and shall have given each Purchaser or holder of Notes notice of such Electronic Delivery within such five Business Days;thereof; XXXXXXX XXXXXX GAS & ELECTRIC CORPORATION NOTE PURCHASE AGREEMENT

SEC and Other Reports. except for filings referred to in Section 7.1(a) and (b) above, within five Business Days of promptly upon their becoming available and, to the extent applicableavailable, one copy of (1) each financial statement, report, notice or proxy statement or similar document sent by the Company or any Restricted Subsidiary (i) to its principal lending banks as a whole creditors under any Material Credit Facility (excluding information sent to such banks creditors in the ordinary course of administration of a bank credit facility, such as as, without limitation, information relating to pricing and borrowing availability, or compliance certificates or information expressly required by the terms of such Material Credit Facility) or (ii) to its public securities Securities holders generally, and (2) each regular current or periodic report, each registration statement (without exhibits except as expressly requested by such Purchaser or holder), and each prospectus and all amendments thereto filed by the Company or any Restricted Subsidiary with the SEC and of all press releases and other statements made available generally by the Company or any Restricted Subsidiary to the public concerning developments that are Material, ; provided that the Company shall be deemed to have made such delivery of any such information the items listed in clauses (1) and (2) if it shall have timely made Electronic Delivery thereof and shall have given each Purchaser or holder of Notes notice of such Electronic Delivery within such five Business Daysin respect thereof;

SEC and Other Reports. except for filings referred to in Section 7.1(a) and (b) above, within five Business Days of promptly upon their becoming available and, to the extent applicableavailable, one copy of (1i) each financial statement, report, notice or proxy statement sent by the Company or any Restricted Subsidiary to its principal lending banks as a whole (excluding information sent to such banks in the ordinary course of administration of a bank facility, such as information relating to pricing and borrowing availability) or to its public securities holders generally, and (2ii) each regular or periodic report, each registration statement that shall have become effective other than registration statements on Form S-8 (without exhibits except as expressly requested by such Purchaser or holder), and each prospectus (other than one relating solely to employee benefit plans) and all amendments thereto filed by the Company or any Restricted Subsidiary with the SEC and of all press releases and other statements made available generally by the Company or any Restricted Subsidiary to the public concerning developments that are Material, provided provided, that the Company shall be deemed to have made such delivery of (including with respect to any such information exhibits thereto) if it shall have timely made Electronic Delivery thereof and shall have given each Purchaser or holder of Notes notice of such Electronic Delivery within such five Business Days;thereof; TALX Corporation Note Purchase Agreement