Common use of SEC Reports and Other Information Clause in Contracts

SEC Reports and Other Information. To the extent permitted by applicable law or regulation, whether or not Issuer is subject to the requirements of Section 13 or 15(d) of the Exchange Act, Issuer shall file with the SEC all quarterly and annual reports and such other information, documents or other reports (or copies of such portions of any of the foregoing as the SEC may by rules and regulations prescribe) required to be filed pursuant to such provisions of the Exchange Act. Issuer shall file with the Trustee, within five days after it files the same with the SEC, copies of the quarterly and annual reports and the information, documents, and other reports (or copies of such portions of any of the foregoing as the SEC may by rules and regulations prescribe) that it is required to file with the SEC pursuant to this Section 4.3. Issuer shall INDENTURE (16% Junior Subordinated) also comply with the other provisions of TIA Section 314(a). If Issuer is not permitted by applicable law or regulations to file the aforementioned reports, Issuer (at its own expense) shall file with the Trustee and mail, or cause the Trustee to mail, to Holders at their addresses appearing in the register of Securities maintained by the Registrar at the time of such mailing within five days after it would have been required to file such information with the SEC, all information and financial statements, including any notes thereto and with respect to annual reports, an auditors' report by an accounting firm of established national reputation, and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," comparable to the disclosure that Issuer would have been required to include in annual and quarterly reports, information, documents or other reports, including, without limitation, reports on Forms 10-K, 10-Q and 8-K, if Issuer was subject to the requirements of such Section 13 or Section 15(d) of the Exchange Act.

SEC Reports and Other Information. To the extent permitted by applicable law or regulation, whether or not Issuer is subject to the requirements of Section 13 or 15(d) of the Exchange Act, Issuer shall file with the SEC all quarterly and annual reports and such other information, documents or other reports (or copies of such portions of any of the foregoing as the SEC may by rules and regulations prescribe) required to be filed pursuant to such provisions of the Exchange Act. Issuer shall file with the Trustee, within five days after it files the same with the SEC, copies of the quarterly and annual reports and the information, documents, and other reports (or INDENTURE (15% Senior Subordinated) copies of such portions of any of the foregoing as the SEC may by rules and regulations prescribe) that it is required to file with the SEC pursuant to this Section 4.3. Issuer shall INDENTURE (16% Junior Subordinated) also comply with the other provisions of TIA Section 314(a). If Issuer is not permitted by applicable law or regulations to file the aforementioned reports, Issuer (at its own expense) shall file with the Trustee and mail, or cause the Trustee to mail, to Holders at their addresses appearing in the register of Securities maintained by the Registrar at the time of such mailing within five days after it would have been required to file such information with the SEC, all information and financial statements, including any notes thereto and with respect to annual reports, an auditors' report by an accounting firm of established national reputation, and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," comparable to the disclosure that Issuer would have been required to include in annual and quarterly reports, information, documents or other reports, including, without limitation, reports on Forms 10-K, 10-Q and 8-K, if Issuer was subject to the requirements of such Section 13 or Section 15(d) of the Exchange Act.

SEC Reports and Other Information. To the extent permitted by applicable law or regulation, whether or not Issuer the Company is subject to the requirements of Section 13 13(a) or 15(d) of the Exchange Act, Issuer the Company shall file with the SEC all the annual reports, quarterly and annual reports and such other information, documents or other reports (or copies of such portions of any of which the foregoing as the SEC may by rules and regulations prescribe) required to be filed pursuant to such provisions of the Exchange Act. Issuer shall file with the Trustee, within five days after it files the same with the SEC, copies of the quarterly and annual reports and the information, documents, and other reports (or copies of such portions of any of the foregoing as the SEC may by rules and regulations prescribe) that it is Company would have been required to file with the SEC pursuant to this Section 4.3such Sections 13(a) and 15(d) if the Company were so subject, such documents to be filed with the SEC on or prior to the respective dates (the "Required Filing Dates") by which the Company would have been required so to --------------------- file such documents if the Company were so subject. Issuer In addition, the Company shall INDENTURE (16% Junior Subordinated) also comply with its reporting and filing obligations under the other provisions of TIA Section 314(a)applicable federal securities laws. If Issuer is not permitted The Company shall also in any event (a) within fifteen (15) days after each Required Filing Date (i) transmit by applicable law or regulations mail to file the aforementioned reportsall Holders, Issuer (at its own expense) shall file with the Trustee as their names and mail, or cause the Trustee to mail, to Holders at their addresses appearing appear in the register of Securities Notes maintained by the Registrar at Registrar, without cost to such Holders and (ii) file with the time Trustee, copies of such mailing within five days after it the annual reports, quarterly reports and other documents which the Company would have been required to file such information with the SEC, all information SEC pursuant to Sections 13(a) and financial statements, including any notes thereto and with respect to annual reports, an auditors' report by an accounting firm of established national reputation, and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," comparable to the disclosure that Issuer would have been required to include in annual and quarterly reports, information, documents or other reports, including, without limitation, reports on Forms 10-K, 10-Q and 8-K, if Issuer was subject to the requirements of such Section 13 or Section 15(d) of the Exchange Act if the Company were subject to such Sections and (b) if filing such documents by the Company with the SEC is not permitted under the Exchange Act, promptly upon written request, supply copies of such documents to any prospective Holder. In any event, such annual reports will contain consolidated financial statements and notes thereto, together with an opinion thereon expressed by an independent public accounting firm with an established national reputation and management's discussion and analysis of financial condition and results of operations, and such quarterly reports will contain unaudited consolidated financial statements for the first three (3) quarters of each fiscal year. Upon qualification of this Indenture under the TIA, the Company shall also comply with the provisions of TIA (S)314(a).

SEC Reports and Other Information. To the extent permitted by applicable law or regulation, whether Whether or not Issuer is subject required by the Commission, so long as any Warrants or Warrant Shares are outstanding, prior to the requirements date the Exchange Offer (as defined in the Registration Rights Agreement) is consummated and thereafter at any time not filed with the Commission, the Company must furnish to the Holders of Section 13 or 15(d) of Warrants and the Warrant Agent, within the time period specified in the Commission's rules and regulations (including any extension periods available under such rules and regulations, and excluding any requirement and time periods applicable to "accelerated filers" (as defined in Rule 12b-2 under the Exchange Act) under such rules and regulations), Issuer shall file with the SEC and make available to securities analysts and potential investors upon request: (a) all quarterly and annual reports and such other information, documents or other reports (or copies of such portions of any of the foregoing as the SEC may by rules and regulations prescribe) financial information that would be required to be filed pursuant to such provisions of the Exchange Act. Issuer shall file with the Trustee, within five days after it files the same with the SEC, copies of the quarterly and annual reports and the information, documents, and other reports (or copies of such portions of any of the foregoing as the SEC may by rules and regulations prescribe) that it is required to file contained in a filing with the SEC pursuant to this Section 4.3. Issuer shall INDENTURE (16% Junior Subordinated) also comply with on Forms 10-Q and 10-K if the other provisions of TIA Section 314(a). If Issuer is not permitted by applicable law or regulations to file the aforementioned reports, Issuer (at its own expense) shall file with the Trustee and mail, or cause the Trustee to mail, to Holders at their addresses appearing in the register of Securities maintained by the Registrar at the time of such mailing within five days after it would have been Company were required to file such information with the SEC, all information and financial statementsForms, including any notes thereto and with respect to annual reports, an auditors' report by an accounting firm of established national reputation, and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," comparable and, with respect to the disclosure annual information only, a report on the annual financial statements by such Person's certified independent accountants; and (b) all current reports that Issuer would have been be required to include in annual and quarterly reports, information, documents or other reports, including, without limitation, reports be filed with the SEC on Forms 10-K, 10-Q and Form 8-KK if the Company were required to file such reports. In addition, if Issuer was subject whether or not required by the Commission, after the date the Exchange Offer (as defined in the Registration Rights Agreement) is required to be consummated, the requirements Company will file a copy of all the information and reports referred to in clauses (a) and (b) above with the Commission for public availability within the time periods specified in the Commission's rules and regulations (unless the Commission will not accept such Section 13 or Section 15(da filing) of including any extension periods available under such rules and regulations and excluding any requirement and time periods applicable to "accelerated filers" (as defined in Rule 12b-2 under the Exchange Act) under such rules and regulations, and make such information available to securities analysts and prospective investors upon request.

SEC Reports and Other Information. To (a) At all times when the extent permitted by applicable law or regulation, whether or not Issuer Company is subject required to file with the requirements of SEC pursuant to Section 13 or 15(d) of the Exchange Act, Issuer the Company (at its own expense) shall file with the SEC all quarterly and annual reports and such other information, documents or other reports (or copies of such portions of any of the foregoing as the SEC may by rules and regulations prescribe) required to be filed pursuant to such provisions of the Exchange Act. Issuer shall file with the Trustee, Trustee within five 5 days after it files the same them with the SEC, SEC copies of the quarterly and annual reports and of the information, documents, and other reports (or copies of such portions of any of the foregoing as the SEC may by rules and regulations prescribe) that it is required to file with the SEC be filed pursuant to this Section 4.3. Issuer shall INDENTURE (16% Junior Subordinated13 or 15(d) also comply with of the other provisions of TIA Section 314(a)Exchange Act. If Issuer the Company is not permitted by applicable law subject to the requirements of such Section 13 or regulations to file 15(d) of the aforementioned reportsExchange Act, Issuer the Company (at its own expense) shall file with the Trustee and mail, or cause the Trustee to mail, mail to Holders at their addresses appearing in the register of Securities maintained by the Registrar at the time of such mailing so long as such Holders covenant and agree to keep such information confidential, within five 5 days after it would have been required to file such information with the SEC, all information and financial statements, including any notes thereto and with respect to annual reports, an auditors' report by an accounting firm of established national reputation, and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," comparable to the disclosure that Issuer the Company would have been required to include in annual and quarterly reports, information, documents or other reports, including, without limitation, reports on Forms 10-K, 10-Q and 8-K, if Issuer the Company was subject to the requirements of such Section 13 or Section 15(d) of the Exchange Act. To the extent permitted by law, the Company shall also provide the foregoing information to prospective purchasers of Securities (it being understood that the Company will be furnishing any such information to any such prospective purchasers on the premise that such information shall be used by such prospective purchasers solely in connection with deciding whether or not to purchase the Securities). Upon qualification of this Indenture under the TIA, the Company shall also comply with the provisions of TIA ss. 314(a). (b) At any time after a registered public offering under the Securities Act of the common stock of DR Holdings, at the Company's expense, the Company shall cause an annual report if furnished by it to stockholders generally and each quarterly or other financial report if furnished by it to stockholders generally to be filed with the Trustee and mailed to the Holders at their addresses appearing in the register of Securities maintained by the Registrar at the time of such mailing or furnishing to stockholders. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company shall cause its financial statements, including any notes thereto and with respect to annual reports, an auditors' report by an accounting firm of established national reputation, and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so mailed to the Holders at their addresses appearing in the register of Securities maintained by the Registrar at the time of such mailing, so long as such Holders covenant and agree to keep such information confidential, within 105 (or, at such time as the Company is subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, 90) days after the end of each of the Company's fiscal years and within 60 (or, at such time as the Company is subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, 45) days after the end of each of the first three quarters of each fiscal year. If the Trustee (at the Company's request and expense) is to mail the foregoing information to the Holders, the Company shall supply such information to the Trustee at least five days prior thereto. (c) The Company will, upon request, provide to any Holder of Securities or any prospective transferee of any such Holder any information concerning the Company or any Guarantor (including financial statements) necessary in order to permit such Holder to sell or transfer Securities in compliance with Rule 144A under the Securities Act. (d) At any time when the Company is not subject to Section 13 or 15(d) of the Exchange Act, upon the request of a Holder of a Series A Note, the Company will promptly furnish or cause to be furnished such information as is specified pursuant to Rule 144A(d)(4) under the Securities Act (or any successor provision thereto) to such Holder or to a prospective purchaser of such Series A Note designated by such Holder, as the case may be, in order to permit compliance by such Holder with Rule 144A under the Securities Act.

SEC Reports and Other Information. To (a) At all times when the extent Company is required or permitted by applicable law or regulation, whether or not Issuer is subject voluntarily to file with the requirements of SEC pursuant to Section 13 or 15(d) of the Exchange ActAct or this Indenture is qualified under the TIA, Issuer the Company (at its own expense) shall file with the SEC all quarterly and annual reports and such other information, documents or other reports (or copies of such portions of any of the foregoing as the SEC may by rules and regulations prescribe) required to be filed pursuant to such provisions of the Exchange Act. Issuer shall file with the Trustee, Trustee and mail or cause the Trustee to mail to the Holders at their addresses set forth in the register of Securities within five 15 days after it files the same them with the SEC, SEC copies of the annual reports, quarterly and annual reports and the information, documents, and other reports (or copies of such portions of any of the foregoing as the SEC may by rules and regulations prescribe) that it is required to file with the SEC be filed pursuant to this Section 4.3. Issuer shall INDENTURE (16% Junior Subordinated13 or 15(d) also comply with of the other provisions of TIA Section 314(a)Exchange Act. If Issuer the Company is not subject to the requirements of such Section 13 or 15(d) of the Exchange Act and not permitted by applicable law or regulations to voluntarily file and this Indenture has not been qualified under the aforementioned reportsTIA, Issuer the Company (at its own expense) shall file with the Trustee and mail, mail or cause the Trustee to mail, mail to the Holders at their addresses appearing set forth in the register of Securities maintained by the Registrar at the time of such mailing Securities, within five 15 days after it would have been required to file such information with the SEC, all information and financial statements, including any notes thereto and with respect to annual reports, quarterly reports, an auditors' report by an accounting firm of established national reputation, and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to the disclosure that Issuer each of the Company would have been required to include in such annual and reports, quarterly reports, information, documents or other reports, including, without limitation, reports on Forms 10-K, 10-Q and 8-K, as if Issuer the Company was subject to the requirements of such Section 13 or Section 15(d) of the Exchange Act, in each case in the form that would have been required by the SEC. Upon qualification of this Indenture under the TIA, the Company shall also comply with the provisions of TIA Section 314(a). (b) At any time when the Company is not subject to Section 13 or 15(d) of the Exchange Act, upon the request of a Holder of a Series A Note, the Company will promptly furnish or cause to be furnished such information as is specified pursuant to Rule 144A(d)(4) under the Securities Act (or any successor provision thereto) to such Holder or to a prospective purchaser of such Series A Note designated by such Holder, as the case may be, in order to permit compliance by such Holder with Rule 144A under the Securities Act.

SEC Reports and Other Information. To the extent permitted by applicable law or regulation, whether or not Issuer the Company is subject to the requirements of Section 13 13(a) or 15(d) of the Exchange Act, Issuer the Company shall file with the SEC all the annual reports, quarterly and annual reports and such other information, documents or other reports (or copies of such portions of any of which the foregoing as the SEC may by rules and regulations prescribe) required to be filed pursuant to such provisions of the Exchange Act. Issuer shall file with the Trustee, within five days after it files the same with the SEC, copies of the quarterly and annual reports and the information, documents, and other reports (or copies of such portions of any of the foregoing as the SEC may by rules and regulations prescribe) that it is Company would have been required to file with the SEC pursuant to this Section 4.3such Sections 13(a) and 15(d) if the Company were so subject, such documents to be filed with the SEC on or prior to the respective dates (the "Required Filing Dates") by which the Company would have been required so to --------------------- file such documents if the Company were so subject. Issuer In addition, the Company shall INDENTURE (16% Junior Subordinated) also comply with its reporting and filing obligations under the other provisions of TIA Section 314(a)applicable federal securities laws. If Issuer is not permitted The Company shall also in any event (a) within fifteen (15) days after each Required Filing Date (i) transmit by applicable law or regulations mail to file the aforementioned reportsall Holders, Issuer (at its own expense) shall file with the Trustee as their names and mail, or cause the Trustee to mail, to Holders at their addresses appearing appear in the register of Securities Notes maintained by the Registrar at Registrar, without cost to such Holders and (ii) file with the time Trustee, copies of such mailing within five days after it the annual reports, quarterly reports and other documents which the Company would have been required to file such information with the SEC, all information SEC pursuant to Sections 13(a) and financial statements, including any notes thereto and with respect to annual reports, an auditors' report by an accounting firm of established national reputation, and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," comparable to the disclosure that Issuer would have been required to include in annual and quarterly reports, information, documents or other reports, including, without limitation, reports on Forms 10-K, 10-Q and 8-K, if Issuer was subject to the requirements of such Section 13 or Section 15(d) of the Exchange Act if the Company were subject to such Sections and (b) if filing such documents by the Company with the SEC is not permitted under the Exchange Act., promptly upon written request, supply copies of such documents to any prospective Holder. In any event, such annual reports will contain

SEC Reports and Other Information. To the extent permitted by applicable law or regulation, whether or not Issuer the Company is subject to the requirements of Section 13 13(a) or 15(d) of the Exchange Act, Issuer the Company shall file with the SEC all the annual reports, quarterly and annual reports and such other information, documents or other reports (or copies of such portions of any of which the foregoing as the SEC may by rules and regulations prescribe) required to be filed pursuant to such provisions of the Exchange Act. Issuer shall file with the Trustee, within five days after it files the same with the SEC, copies of the quarterly and annual reports and the information, documents, and other reports (or copies of such portions of any of the foregoing as the SEC may by rules and regulations prescribe) that it is Company would have been required to file with the SEC pursuant to this Section 4.3such Sections 13(a) and 15(d) if the Company were so subject, such documents to be filed with the SEC on or prior to the respective dates (the "Required Filing Dates") by which the Company would have been required so to --------------------- file such documents if the Company were so subject. Issuer In addition, the Company shall INDENTURE (16% Junior Subordinated) also comply with its reporting and filing obligations under the other provisions of TIA Section 314(a)applicable federal securities laws. If Issuer is not permitted The Company shall also in any event (i) within fifteen (15) days after each Required Filing Date (A) transmit by applicable law or regulations mail to file the aforementioned reportsall Holders, Issuer (at its own expense) shall file with the Trustee as their names and mail, or cause the Trustee to mail, to Holders at their addresses appearing appear in the register of Securities Notes maintained by the Registrar at Registrar, without cost to such Holders and (B) file with the time Trustee, copies of such mailing within five days after it the annual reports, quarterly reports and other documents which the Company would have been required to file such information with the SEC, all information SEC pursuant to Sections 13(a) and financial statements, including any notes thereto and with respect to annual reports, an auditors' report by an accounting firm of established national reputation, and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," comparable to the disclosure that Issuer would have been required to include in annual and quarterly reports, information, documents or other reports, including, without limitation, reports on Forms 10-K, 10-Q and 8-K, if Issuer was subject to the requirements of such Section 13 or Section 15(d) of the Exchange Act if the Company were subject to such Sections and (ii) if filing such documents by the Company with the SEC is not permitted under the Exchange Act, promptly upon written request, supply copies of such documents to any prospective Holder. In any event, such annual reports will contain consolidated financial statements and notes thereto, together with an opinion thereon expressed by an independent public accounting firm with an established national reputation and management's discussion and analysis of financial condition and results of operations, and such quarterly reports will contain unaudited consolidated financial statements for the first three (3) quarters of each fiscal year. Upon qualification of this Indenture under the TIA, the Company shall also comply with the provisions of TIA (s)314(a).

SEC Reports and Other Information. To (a) At all times when the extent permitted by applicable law or regulation, whether or not Issuer Company is subject required to file with the requirements of SEC pursuant to Section 13 or 15(d) of the Exchange Act, Issuer the Company (at its own expense) shall file with the SEC all quarterly and annual reports and such other information, documents or other reports (or copies of such portions of any of the foregoing as the SEC may by rules and regulations prescribe) required to be filed pursuant to such provisions of the Exchange Act. Issuer shall file with the Trustee, Trustee within five 5 days after it files the same them with the SEC, SEC copies of the quarterly and annual reports and of the information, documents, and other reports (or copies of such portions of any of the foregoing as the SEC may by rules and regulations prescribe) that it is required to file with the SEC be filed pursuant to this Section 4.3. Issuer shall INDENTURE (16% Junior Subordinated13 or 15(d) also comply with of the other provisions of TIA Section 314(a)Exchange Act. If Issuer the Company is not permitted by applicable law subject to the requirements of such Section 13 or regulations to file 15(d) of the aforementioned reportsExchange Act, Issuer the Company (at its own expense) shall file with the Trustee and mail, or cause the Trustee to mail, mail to Holders at their addresses appearing in the register of Securities maintained by the Registrar at the time of such mailing mailing, so long as such Holders covenant and agree to keep such information confidential, within five 5 days after it would have been required to file such information with the SEC, all information and financial statements, including any notes thereto and with respect to annual reports, an auditors' report by an accounting firm of established national reputation, and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," comparable to the disclosure that Issuer the Company would have been required to include in annual and quarterly reports, information, documents or other reports, including, without limitation, reports on Forms 10-K, 10l0-Q and 8-K, if Issuer the Company was subject to the requirements of such Section 13 or Section 15(d) of the Exchange Act. To the extent permitted by law, the Company shall also provide the foregoing information to prospective purchasers of Securities (it being understood that the Company will be furnishing any such information to any such prospective purchasers on the premise that such information shall be used by such prospective purchasers solely in connection with deciding whether or not to purchase the Securities). Upon qualification of this Indenture under the TIA, the Company shall also comply with the provisions of TIA ss. 314(a). (b) At any time after a registered public offering under the Securities Act of the common stock of the Company, at the Company's expense, the Company shall cause an annual report if furnished by it to stockholders generally and each quarterly or other financial report if furnished by it to stockholders generally to be filed with the Trustee and mailed to the Holders at their addresses appearing in the register of Securities maintained by the Registrar at the time of such mailing or furnishing to stockholders. If the Company is not required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Company shall cause its financial statements, including any notes thereto and with respect to annual reports, an auditors' report by an accounting firm of established national reputation, and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," to be so mailed to the Holders at their addresses appearing in the register of Securities maintained by the Registrar at the time of such mailing, so long as such Holders covenant and agree to keep such information confidential, within 105 (or, at such time as the Company is subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, 90) days after the end of each of the Company's fiscal years and within 60 (or, at such time as the Company is subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, 45) days after the end of each of the first three quarters of each fiscal year. If the Trustee (at the Company's request and expense) is to mail the foregoing information to the Holders, the Company shall supply such information to the Trustee at least five days prior thereto. (c) The Company will, upon request, provide to any Holder of Securities or any prospective transferee of any such Holder any information concerning the Company (including financial statements) necessary in order to permit such Holder to sell or transfer Securities in compliance with Rule 144A under the Securities Act. (d) At any time when the Company is not subject to Section 13 or 15(d) of the Exchange Act, upon the request of a Holder of a Series A Note, the Company will promptly furnish or cause to be furnished such information as is specified pursuant to Rule 144A(d)(4) under the Securities Act (or any successor provision thereto) to such Holder or to a prospective purchaser of such Series A Note designated by such Holder, as the case may be, in order to permit compliance by such Holder with Rule 144A under the Securities Act.

SEC Reports and Other Information. (a) To the extent permitted by applicable law or regulation, whether or not Issuer the Company is subject to Section 13(a) or 15(d) of the requirements Exchange Act, the Company shall file with the SEC the annual reports, quarterly reports and other documents which the Company would have been required to file with the SEC pursuant to such Sections 13(a) and 15(d) if the Company were so subject, such documents to be filed with the SEC on or prior to the respective dates (the "Required Filing Dates") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall comply with its reporting and filing obligations under the applicable federal securities laws. The Company shall also in any event (x) within fifteen (15) days after each Required Filing Date (i) transmit by mail to all Holders, as their names and addresses appear in the register of Securities maintained by the Registrar, without cost to such Holders and (ii) file with the Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been required to file with the SEC pursuant to Sections 13(a) and 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the SEC is not permitted under the Exchange Act, promptly upon written request supply copies of such documents to any prospective Holder. In any event, such annual reports will contain consolidated financial statements and notes thereto, together with an opinion thereon expressed by an independent public accounting firm with an established national reputation and management's discussion and analysis of financial condition and results of operations, and such quarterly reports will contain unaudited condensed consolidated financial statements for the first three quarters of each fiscal year. Upon qualification of this Indenture under the TIA, the Company shall also comply with the provisions of TIA ss.314(a). (b) At any time when the Company is not subject to Section 13 or 15(d) of the Exchange Act, Issuer shall file with upon the SEC all quarterly and annual reports and request of a Holder, the Company will promptly furnish or cause to be furnished such other information, documents or other reports information as is specified pursuant to Rule 144A(d)(4) under the Securities Act (or copies any successor provision thereto) to such Holder or to a prospective purchaser of such portions of any of the foregoing Security designated by such Holder, as the SEC case may be, in order to permit compliance by rules such Holder with Rule 144A under the Securities Act. (c) The Company shall, at all times following the Effective Date, provide to each Holder and regulations prescribe) required to be filed pursuant to such provisions of the Exchange Act. Issuer shall file with the TrusteeTrustee promptly, and in any event within five days after it files the same with the SECone Business Day, copies of the quarterly and annual any reports and other information provided to the information, documentsLenders and the Agent pursuant to the Credit Agreement. (d) The Company shall, and other reports (or copies of such portions of any of the foregoing as the SEC may by rules shall cause its Subsidiaries to, cooperate with and regulations prescribe) that it is required give full and complete access and make available to file with the SEC pursuant to this Section 4.3. Issuer shall INDENTURE (16% Junior Subordinated) also comply with the other provisions of TIA Section 314(a). If Issuer is not permitted by applicable law or regulations to file the aforementioned reports, Issuer (at its own expense) shall file with the Trustee and mailthe Holders and representatives retained by any of them from time to time, or cause on a daily basis, the Trustee to mail, to Holders at their addresses appearing in books and records of the register of Securities maintained by the Registrar at the time of such mailing within five days after it would have been required to file such Company and its Subsidiaries and other information with the SEC, all information and financial statements, including any notes thereto and with respect to annual reports, an auditors' report by an accounting firm of established national reputation, and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," comparable relating to the disclosure that Issuer would have been required to include in annual business or financial affairs of the Company and quarterly reports, information, documents or other reports, its Subsidiaries (including, without limitation, reports on Forms 10-Kagreements and documents pertaining to any receivables or payables), 10-Q and 8-Kthe operating management of the Company and its Subsidiaries shall meet, if Issuer was subject upon request, with the Trustee and the Holders to discuss, among other things, the financial and operating performance and business plans of the company and its Subsidiaries. The Company shall, and shall cause its Subsidiaries to, give full and complete access to such other information as the Trustee or the Holders may reasonably request from time to time, and shall cooperate and consult with, and provide to the requirements of Trustee and the Holders all such Section 13 or Section 15(d) of the Exchange Actinformation.

SEC Reports and Other Information. To (a) At all times when the extent Company is required or permitted by applicable law or regulation, whether or not Issuer is subject voluntarily to file with the requirements of SEC pursuant to Section 13 or 15(d) of the Exchange ActAct or this Indenture is qualified under the TIA, Issuer the Company (at its own expense) shall file with the SEC all quarterly and annual reports and such other information, documents or other reports (or copies of such portions of any of the foregoing as the SEC may by rules and regulations prescribe) required to be filed pursuant to such provisions of the Exchange Act. Issuer shall file with the Trustee, Trustee and mail or cause the Trustee to mail to the Holders at their addresses set forth in the register of Securities within five 15 days after it files the same them with the SEC, SEC copies of the annual reports, quarterly and annual reports and the information, documents, and other reports (or copies of such portions of any of the foregoing as the SEC may by rules and regulations prescribe) that it is required to file with the SEC be filed pursuant to this Section 4.3. Issuer shall INDENTURE (16% Junior Subordinated13 or 15(d) also comply with of the other provisions of TIA Section 314(a)Exchange Act. If Issuer the Company is not subject to the requirements of such Section 13 or 15(d) of the Exchange Act and not permitted by applicable law or regulations to voluntarily file and this Indenture has not been qualified under the aforementioned reportsTIA, Issuer the Company (at its own expense) shall file with the Trustee and mail, mail or cause the Trustee to mail, mail to the Holders at their addresses appearing set forth in the register of Securities maintained by the Registrar at the time of such mailing Securities, within five 15 days after it would have been required to file such information with the SEC, all information and financial statements, including any notes thereto and with respect to annual reports, quarterly reports, an auditors' report by an accounting firm of established national reputation, and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to the disclosure that Issuer the Company would have been required to include in such annual and reports, quarterly reports, information, documents or other reports, including, without limitation, reports on Forms 10-K, 10-Q and 8-K, as if Issuer the Company was subject to the requirements of such Section 13 or Section 15(d) of the Exchange Act, in each case in the form that would have been required by the SEC. Upon qualification of this Indenture under the TIA, the Company shall also comply with the provisions of TIA Section 314(a). (b) At any time when the Company is not subject to Section 13 or 15(d) of the Exchange Act, upon the request of a Holder of a Series A Note, the Company will promptly furnish or cause to be furnished such information as is specified pursuant to Rule 144A(d)(4) under the Securities Act (or any successor provision thereto) to such Holder or to a prospective purchaser of such Series A Note designated by such Holder, as the case may be, in order to permit compliance by such Holder with Rule 144A under the Securities Act.

SEC Reports and Other Information. To the extent permitted by applicable law or regulation, whether or not Issuer the Company is subject to the requirements of Section 13 13(a) or 15(d) of the Exchange Act, Issuer the Company shall file with the SEC all the annual reports, quarterly and annual reports and such other information, documents or other reports (or copies of such portions of any of which the foregoing as the SEC may by rules and regulations prescribe) required to be filed pursuant to such provisions of the Exchange Act. Issuer shall file with the Trustee, within five days after it files the same with the SEC, copies of the quarterly and annual reports and the information, documents, and other reports (or copies of such portions of any of the foregoing as the SEC may by rules and regulations prescribe) that it is Company would have been required to file with the SEC pursuant to this Section 4.3such Sections 13(a) and 15(d) if the Company were so subject, such documents to be filed with the SEC on or prior to the respective dates (the "Required Filing Dates") by which the Company would have been required so to --------------------- file such documents if the Company were so subject. Issuer In addition, the Company shall INDENTURE (16% Junior Subordinated) also comply with its reporting and filing obligations under the other provisions of TIA Section 314(a)applicable federal securities laws. If Issuer is not permitted The Company shall also in any event (i) within fifteen (15) days after each Required Filing Date (A) transmit by applicable law or regulations mail to file the aforementioned reportsall Holders, Issuer (at its own expense) shall file with the Trustee as their names and mail, or cause the Trustee to mail, to Holders at their addresses appearing appear in the register of Securities Notes maintained by the Registrar at Registrar, without cost to such Holders and (B) file with the time Trustee, copies of such mailing within five days after it the annual reports, quarterly reports and other documents which the Company would have been required to file such information with the SEC, all information SEC pursuant to Sections 13(a) and financial statements, including any notes thereto and with respect to annual reports, an auditors' report by an accounting firm of established national reputation, and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," comparable to the disclosure that Issuer would have been required to include in annual and quarterly reports, information, documents or other reports, including, without limitation, reports on Forms 10-K, 10-Q and 8-K, if Issuer was subject to the requirements of such Section 13 or Section 15(d) of the Exchange Act if the Company were subject to such Sections and (ii) if filing such documents by the Company with the SEC is not permitted under the Exchange Act, promptly upon written request, supply copies of such documents to any prospective Holder. In any event, such annual reports will contain consolidated financial statements and notes thereto, together with an opinion thereon expressed by an independent public accounting firm with an established national reputation and management's discussion and analysis of financial condition and results of operations, and such quarterly reports will contain unaudited consolidated financial statements for the first three (3) quarters of each fiscal year. Upon qualification of this Indenture under the TIA, the Company shall also comply with the provisions of TIA (s)314(a). Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates).

SEC Reports and Other Information. To (a) At all times when the extent Company is required or permitted by applicable law or regulation, whether or not Issuer is subject voluntarily to file with the requirements of SEC pursuant to Section 13 or 15(d) of the Exchange ActAct or this Indenture is qualified under the TIA, Issuer the Company (at its own expense) shall file with the SEC all quarterly and annual reports and such other information, documents or other reports (or copies of such portions of any of the foregoing as the SEC may by rules and regulations prescribe) required to be filed pursuant to such provisions of the Exchange Act. Issuer shall file with the Trustee, Trustee and mail or cause the Trustee to mail to the Holders at their addresses set forth in the register of Securities within five 15 days after it files the same them with the SEC, SEC copies of the annual reports, quarterly and annual reports and the information, documents, and other reports (or copies of such portions of any of the foregoing as the SEC may by rules and regulations prescribe) that it is required to file with the SEC be filed pursuant to this Section 4.3. Issuer shall INDENTURE (16% Junior Subordinated13 or 15(d) also comply with of the other provisions of TIA Section 314(a)Exchange Act. If Issuer the Company is not subject to the requirements of such Section 13 or 15(d) of the Exchange Act and not permitted by applicable law or regulations to voluntarily file and this Indenture has not been qualified under the aforementioned reportsTIA, Issuer the Company (at its own expense) shall file with the Trustee and mail, mail or cause the Trustee to mail, mail to the Holders at their addresses appearing set forth in the register of Securities maintained by the Registrar at the time of such mailing Securities, within five 15 days after it would have been required to file such information with the SEC, all information and financial statements, including any notes thereto and with respect to annual reports, quarterly reports, an auditors' ’ report by an accounting firm of established national reputation, and a "“Management's ’s Discussion and Analysis of Financial Condition and Results of Operations," ” both comparable to the disclosure that Issuer each of the Company would have been required to include in such annual and reports, quarterly reports, information, documents or other reports, including, without limitation, reports on Forms 10-K, 10-Q and 8-K, as if Issuer the Company was subject to the requirements of such Section 13 or Section 15(d) of the Exchange Act, in each case in the form that would have been required by the SEC. Upon qualification of this Indenture under the TIA, the Company shall also comply with the provisions of TIA Section 314(a). At any time when the Company is not subject to Section 13 or 15(d) of the Exchange Act, upon the request of a Holder of a Series A Note, the Company will promptly furnish or cause to be furnished such information as is specified pursuant to Rule 144A(d)(4) under the Securities Act (or any successor provision thereto) to such Holder or to a prospective purchaser of such Series A Note designated by such Holder, as the case may be, in order to permit compliance by such Holder with Rule 144A under the Securities Act.

SEC Reports and Other Information. To the extent permitted by applicable law or regulation, whether or not Issuer is subject The Company shall deliver to the requirements of Section 13 or 15(d) of the Exchange Act, Issuer shall file with the SEC all quarterly and annual reports and such other information, documents or other reports (or copies of such portions of any of the foregoing as the SEC may by rules and regulations prescribe) required to be filed pursuant to such provisions of the Exchange Act. Issuer shall file with the Trustee, within five 15 days after it files the same them with the SECCommission, copies of the quarterly its annual report and annual reports and of the information, documents, documents and other reports (or copies of such portions of any of the foregoing as the SEC Commission may by rules and regulations prescribe) that it which the Company is required to file with the SEC Commission pursuant to this Section 4.313 or 15(d) of the Exchange Act within the time periods prescribed under such rules and regulations. Issuer Notwithstanding that the Company may not be subject to, or required to remain subject to, the reporting requirements of Section 13 or 15(d) of the Exchange Act or otherwise report on an annual and quarterly basis on forms provided for such annual and quarterly reporting pursuant to rules and regulations promulgated by the Commission, the Company shall INDENTURE (16% Junior Subordinated) also comply continue to file with the other provisions of TIA Section 314(a). If Issuer is not permitted by applicable law or regulations Commission and provide to the Trustee such annual and interim reports on Forms 10-K and 10-Q, respectively, as the Company would be required to file were it subject to such reporting requirements within the aforementioned reportstime periods prescribed under such rules and regulations. The Company shall not be obligated to file any such reports with the Commission if the Commission does not permit such filings but shall remain obligated to provide such reports to the Trustee and the Holders within the periods of time referred to above. The Company shall provide to any Holder of Securities any information reasonably requested by such Holder concerning the Company (including financial statements) consistent with the requirements of Rule 144A(d)(4) promulgated under the Securities Act necessary in order to permit such Holder to sell or transfer Securities in accordance with Rule 144A promulgated under the Securities Act. In addition, Issuer (at the Company shall cause its own expense) shall file annual reports to shareholders and any quarterly or other financial reports furnished by it to shareholders generally to be filed with the Trustee and mail, mailed at the expense of the Company no later than the date such materials are mailed or cause made available to the Trustee to mailCompany's shareholders, to the Holders at their addresses appearing as set forth in the register of Securities maintained by the Registrar at Registrar. Upon qualification of this Indenture under the time of such mailing within five days after it would have been required to file such information TIA, the Company also shall comply with the SEC, all information and financial statements, including any notes thereto and with respect to annual reports, an auditors' report by an accounting firm provisions of established national reputation, and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," comparable to the disclosure that Issuer would have been required to include in annual and quarterly reports, information, documents or other reports, including, without limitation, reports on Forms 10-K, 10-Q and 8-K, if Issuer was subject to the requirements of such Section 13 or Section 15(dTIA (S)(S) of the Exchange Act314(a).

SEC Reports and Other Information. To (a) At all times when the extent Company is required or permitted by applicable law or regulation, whether or not Issuer is subject voluntarily to file with the requirements of SEC pursuant to Section 13 or 15(d) of the Exchange ActAct or this Indenture is qualified under the TIA, Issuer the Company (at its own expense) shall file with the SEC all quarterly and annual reports and such other information, documents or other reports (or copies of such portions of any of the foregoing as the SEC may by rules and regulations prescribe) required to be filed pursuant to such provisions of the Exchange Act. Issuer shall file with the Trustee, Trustee and mail or cause the Trustee to mail to the Holders at their addresses set forth in the register of Securities within five 15 days after it files the same them with the SEC, SEC copies of the annual reports, quarterly and annual reports and the information, documents, and other reports (or copies of such portions of any of the foregoing as the SEC may by rules and regulations prescribe) that it is required to file with the SEC be filed pursuant to this Section 4.3. Issuer shall INDENTURE (16% Junior Subordinated13 or 15(d) also comply with of the other provisions of TIA Section 314(a)Exchange Act. If Issuer the Company is not subject to the requirements of such Section 13 or 15(d) of the Exchange Act and not permitted by applicable law or regulations to voluntarily file and this Indenture has not been qualified under the aforementioned reportsTIA, Issuer the Company (at its own expense) shall file with the Trustee and mail, mail or cause the Trustee to mail, mail to the Holders at their addresses appearing set forth in the register of Securities maintained by the Registrar at the time of such mailing Securities, within five 15 days after it would have been required to file such information with the SEC, all information and financial statements, including any notes thereto and with respect to annual reports, quarterly reports, an auditors' report by an accounting firm of established national reputation, and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to the disclosure that Issuer the Company would have been required to include in such annual and reports, quarterly reports, information, documents or other reports, including, without limitation, reports on Forms 10-K, 10-Q and 8-K, as if Issuer the Company was subject to the requirements of such Section 13 or Section 15(d) of the Exchange Act, in each case in the form that would have been required by the SEC. Upon qualification of this Indenture under the TIA, the Company shall also comply with the provisions of TIA ss. 314(a). (b) At any time when the Company is not subject to Section 13 or 15(d) of the Exchange Act, upon the request of a Holder of a Series A Note, the Company will promptly furnish or cause to be furnished such information as is specified pursuant to Rule 144A(d)(4) under the Securities Act (or any successor provision thereto) to such Holder or to a prospective purchaser of such Series A Note designated by such Holder, as the case may be, in order to permit compliance by such Holder with Rule 144A under the Securities Act.

SEC Reports and Other Information. To (a) At all times when the extent Company is required or permitted by applicable law or regulation, whether or not Issuer is subject voluntarily to file with the requirements of SEC pursuant to Section 13 or 15(d) of the Exchange ActAct or this Indenture is qualified under the TIA, Issuer the Company (at its own expense) shall file with the SEC all quarterly and annual reports and such other information, documents or other reports (or copies of such portions of any of the foregoing as the SEC may by rules and regulations prescribe) required to be filed pursuant to such provisions of the Exchange Act. Issuer shall file with the Trustee, Trustee and mail or cause the Trustee to mail to the Holders at their addresses set forth in the register of Securities within five 15 days after it files the same them with the SEC, SEC copies of the annual reports, quarterly and annual reports and the information, documents, and other reports (or copies of such portions of any of the foregoing as the SEC may by rules and regulations prescribe) that it is required to file with the SEC be filed pursuant to this Section 4.3. Issuer shall INDENTURE (16% Junior Subordinated13 or 15(d) also comply with of the other provisions of TIA Section 314(a)Exchange Act. If Issuer the Company is not subject to the requirements of such Section 13 or 15(d) of the Exchange Act and not permitted by applicable law or regulations to voluntarily file and this Indenture has not been qualified under the aforementioned reportsTIA, Issuer the Company (at its own expense) shall file with the Trustee and mail, mail or cause the Trustee to mail, mail to the Holders at their addresses appearing set forth in the register of Securities maintained by the Registrar at the time of such mailing Securities, within five 15 days after it would have been required to file such information with the SEC, all information and financial statements, including any notes thereto and with respect to annual reports, quarterly reports, an auditors' report by an accounting firm of established national reputation, and a "Management's Discussion and Analysis of Financial Condition and Results of Operations," both comparable to the disclosure that Issuer each of the Company would have been required to include in such annual and reports, quarterly reports, information, documents or other reports, including, without limitation, reports on Forms 10-K, 10-Q and 8-K, as if Issuer the Company was subject to the requirements of such Section 13 or Section 15(d) of the Exchange Act, in each case in the form that would have been required by the SEC. Upon qualification of this Indenture under the TIA, the Company shall also comply with the provisions of TIA ss. 314(a). (b) At any time when the Company is not subject to Section 13 or 15(d) of the Exchange Act, upon the request of a Holder of a Series A Note, the Company will promptly furnish or cause to be furnished such information as is specified pursuant to Rule 144A(d)(4) under the Securities Act (or any successor provision thereto) to such Holder or to a prospective purchaser of such Series A Note designated by such Holder, as the case may be, in order to permit compliance by such Holder with Rule 144A under the Securities Act.