Common use of Sole Remedy for Failure to Report Clause in Contracts

Sole Remedy for Failure to Report. Notwithstanding any other provision of the Indenture, if the Company so elects, the sole remedy for an Event of Default relating to the failure to comply with the reporting obligations under Section 3.08 will, for the period beginning on the 91st calendar day and ending on the 180th day after the written notice of the occurrence of such failure to report from the Trustee or holders of 25% of the Outstanding principal amount of the Notes, consist exclusively of the right to receive additional interest on the Notes at a rate equal to 0.25% per annum of the principal amount of the Notes and, if the Company so elects, for the period beginning on the 181st calendar day and ending on the 360th day after the written notice of the occurrence of such failure to report from the Trustee or holders of 25% of the Outstanding principal amount of the Notes, consist exclusively of the right to receive additional interest on the Notes at a rate equal to 0.50% per annum of the principal amount of the Notes (the “Additional Interest”). This Additional Interest will be payable in the same manner and on the same dates as the stated interest payable on the Notes. If the Company so elects, this Additional Interest will accrue on all Outstanding Notes from and including the 91st day following the date of such written notice of the failure to comply with Section 3.08 to but not including the date on which the Event of Default relating to the reporting obligations as set forth in Section 3.08 shall have been cured or waived. On the 270th calendar day after the Commencement of such Additional Interest (if such violation is not cured or waived prior to such 270th calendar day), the Notes will be subject to acceleration as provided in Section 5.2 of the Original Indenture. In order to exercise the extension right and elect to pay the Additional Interest as the sole remedy following the occurrence of any Event of Default relating to the failure to comply with Section 3.08 in accordance with the preceding paragraph, the Company must notify all Noteholders and the Trustee and Paying Agent of such election prior to the close of business on the 91st calendar day after the written notice to the Company of such failure to report (or, if such date is not a Business Day, on the first Business Day thereafter). Upon the Company’s failure to timely give such notice, the Notes will be subject to acceleration as provided in Section 5.2 of the Original Indenture. For the avoidance of doubt, the provisions of this Section 4.02 will not affect the rights of Noteholders in the event of the occurrence of any other Event of Default.

Sole Remedy for Failure to Report. Notwithstanding any other provision of the Indenture, if the Company so elects, the sole remedy for an Event of Default relating to the failure to comply with the reporting obligations under Article 5 of this First Supplemental Indenture, and for any failure to comply with the requirements of Section 3.08 will314(a)(1) of the Trust Indenture Act, will for the period beginning on the 91st calendar day and ending on the 180th day 365 days after the written notice of the occurrence of such failure to report from the Trustee or holders an Event of 25% of the Outstanding principal amount of the Notes, Default consist exclusively of the right to receive additional interest Additional Interest in cash on the Original Principal Amount of the Notes at a rate equal to 0.25% per annum of the principal amount of the Notes and, if the Company so elects, for the period beginning on the 181st calendar day and ending on the 360th day after the written notice of the occurrence of such failure to report from the Trustee or holders of 25% of the Outstanding principal amount of the Notes, consist exclusively of the right to receive additional interest on the Notes at a rate equal to 0.50% per annum of the principal amount of the Notes (the “Additional Interest”)annum. This Additional Interest will be payable in the same manner and on subject to the same dates terms as the stated other interest payable on the Notesunder this First Supplemental Indenture. If the Company so elects, this The Additional Interest will accrue on all Outstanding Notes from and including the 91st day following the date on which an Event of such written notice of the Default relating to a failure to comply with Article 5 or Section 3.08 314(a)(1) of the Trust Indenture Act first occurs to but not including excluding the 365th day thereafter (or such earlier date on which the Event of Default relating to the reporting obligations as set forth in under Article 5 or Section 3.08 314(a)(1) of the Trust Indenture Act shall have been cured or waived). On such 365th day (or earlier, if the 270th calendar day after the Commencement Event of Default relating to such Additional Interest (if such violation reporting obligations is not cured or waived prior to such 270th calendar 365th day), such Additional Interest will cease to accrue and the Notes will be subject to acceleration and other remedies as provided in Section 5.2 of this Article 7 if the Original Indenture. In order to exercise the extension right and elect to pay the Additional Interest as the sole remedy following the occurrence of any Event of Default relating to the failure to comply with Section 3.08 in accordance with the preceding paragraph, the Company must notify all Noteholders and the Trustee and Paying Agent of such election prior to the close of business on the 91st calendar day after the written notice to the Company of such failure to report (or, if such date is not a Business Day, on the first Business Day thereafter). Upon the Company’s failure to timely give such notice, the Notes will be subject to acceleration as provided in Section 5.2 of the Original Indenturecontinuing. For the avoidance of doubt, the provisions of this Section 4.02 7.03 will not affect the rights of Noteholders Holders of Notes in the event of the occurrence of any other Event of Default.

Sole Remedy for Failure to Report. Notwithstanding any other provision of the this Indenture, if the Company so elects, the sole remedy for an Event of Default relating to the failure of the Company to comply with the reporting obligations its agreements under Section 3.08 will, 3.4(a) of this Indenture will for the period beginning on the 91st 90 calendar day and ending on the 180th day days after the written notice of the occurrence of such failure to report from the Trustee or holders of 25% of the Outstanding principal amount of the Notes, consist exclusively of the right to receive additional interest (“Reporting Additional Interest”) on the Notes principal amount of the Securities at a rate equal to 0.250.5% per annum of the principal amount of the Notes and, if the Company so elects, for the period beginning on the 181st calendar day and ending on the 360th day after the written notice of the occurrence of such failure to report from the Trustee or holders of 25% of the Outstanding principal amount of the Notes, consist exclusively of the right to receive additional interest on the Notes at a rate equal to 0.50% per annum of the principal amount of the Notes (the “Additional Interest”)annum. This Reporting Additional Interest will be payable in the same manner and on the same interest payment dates and subject to the same terms as the stated other interest payable on the Notesunder this Indenture. If the Company so elects, this Reporting Additional Interest will accrue on all Outstanding Notes outstanding Securities from and including the 91st day following the date of such written notice of the on which a failure to comply with Section 3.08 3.4(a) first occurs to but not including the 90th calendar day thereafter (or such earlier date on which the Event of Default relating such failure to the reporting obligations as set forth in comply with Section 3.08 3.4(a) shall have been cured or waived). On the 270th such 90th calendar day after the Commencement of (or such earlier date on which such failure to comply with Section 3.4(a) shall have been cured or waived), such Reporting Additional Interest (if will cease to accrue and on such violation is not cured or waived prior to such 270th 90th calendar day), day the Notes Securities will be subject to acceleration and other remedies as provided in Section 5.2 of this Article VI if the Original Indenture. In order to exercise the extension right and elect to pay the Additional Interest as the sole remedy following the occurrence of any Event of Default relating to the failure to comply with Section 3.08 in accordance with the preceding paragraph, the Company must notify all Noteholders and the Trustee and Paying Agent of such election prior to the close of business on the 91st calendar day after the written notice to the Company of such failure to report (or, if such date is not a Business Day, on the first Business Day thereafter). Upon the Company’s failure to timely give such notice, the Notes will be subject to acceleration as provided in Section 5.2 of the Original Indenturecontinuing. For the avoidance of doubt, the provisions of this Section 4.02 6.13 will not affect the rights of Noteholders Holders of Securities in the event of the occurrence of any other Event of Default. For the further avoidance of doubt, the Reporting Additional Interest shall not begin accruing until the Company fails to comply with Section 3.4(a) for a period of 60 calendar days after written notice of such failure is given to the Company by the Trustee or to the Company and the Trustee by the Holder of at least 25% in aggregate principal amount of the Securities then outstanding.

Sole Remedy for Failure to Report. Notwithstanding any other provision of the Indenture, if the Company so elects, the sole remedy for an Event of Default relating to the failure to comply with the reporting obligations under Section 3.08 3.06 will, for the period 180 days beginning on and including the 91st calendar day and ending on which the 180th day after the written notice Event of the occurrence of such failure to report from the Trustee or holders of 25% of the Outstanding principal amount of the NotesDefault occurs, consist exclusively of the right to receive additional interest on the Notes at a rate equal to 0.25% per annum of the principal amount of the Notes and, if the Company so elects, for the period beginning on the 181st calendar day and ending on the 360th day after the written notice of the occurrence of such failure to report from the Trustee or holders of 25% of the Outstanding principal amount of the Notes, consist exclusively of the right to receive additional interest on the Notes at a rate equal to 0.50% per annum of the principal amount of the Notes (the “Additional Interest”) for each day during the 180-day period during which the Event of Default relating to the reporting obligations is continuing and neither waived nor cured (but not including the date on which the Event of Default relating to the reporting obligations shall have been cured or waived). This Additional Interest will be payable in the same manner and on the same dates as the stated interest payable on the Notes. If the Company so elects, this Additional Interest will accrue on all Outstanding Notes from and including the 91st day following the date of such written notice of the failure to comply with Section 3.08 to but not including the date on which the Event of Default relating to the reporting obligations as set forth in Section 3.08 shall have been cured or waived. On the 270th 180th calendar day after the Commencement commencement of such Additional Interest (if such violation is not cured or waived prior to such 270th 180th calendar day), the Notes will be subject to acceleration as provided upon written notice from the Trustee or holders of 25% of the outstanding principal amount of the Notes, in accordance with Section 5.2 6.02 of the Original Indenture. In order to exercise the extension right and elect to pay the Additional Interest as the sole remedy following the occurrence of any Event of Default relating to the failure to comply with Section 3.08 3.06 in accordance with the preceding paragraph, the Company must notify all Noteholders and the Trustee and Paying Agent of such election prior on or before the date on which such Event of Default relating to the close of business on the 91st calendar day after the written notice to the Company of such failure to report otherwise would occur (or, if such date is not a Business Day, on the first Business Day thereafter). Upon the Company’s failure to timely give such notice, the Notes will be subject to acceleration as provided in Section 5.2 of the Original Indentureabove. For the avoidance of doubt, the provisions of this Section 4.02 will not affect the rights of Noteholders in the event of the occurrence of any other Event of Default.

Sole Remedy for Failure to Report. Notwithstanding any other provision of the Indenture, if the Company so elects, the sole remedy for an Event of Default relating to the failure to comply with the reporting obligations under Section 3.08 3.05 will, for the period beginning on the 91st calendar day and ending on the 180th day after the written notice of the occurrence of such failure to report from the Trustee or holders Holders of 25% of the Outstanding outstanding principal amount of the Notes, consist exclusively of the right to receive additional interest on the Notes at a rate equal to 0.25% per annum of the principal amount of the Notes and, if the Company so elects, for the period beginning on the 181st calendar day and ending on the 360th day after the written notice of the occurrence of such failure to report from the Trustee or holders of 25% of the Outstanding principal amount of the Notes, consist exclusively of the right to receive additional interest on the Notes at a rate equal to 0.50% per annum of the principal amount of the Notes (the “Additional Interest”). This Additional Interest will be payable in the same manner and on the same dates as the stated interest payable on the Notes. If the Company so elects, this Additional Interest will accrue on all Outstanding outstanding Notes from and including the 91st day following the date of such written notice of the failure to comply with Section 3.08 3.05 to but not including the date on which the Event of Default relating to the reporting obligations as set forth in Section 3.08 3.05 shall have been cured or waived. On the 270th 180th calendar day after the Commencement commencement of such Additional Interest (if such violation is not cured or waived prior to such 270th 180th calendar day), the Notes will be subject to acceleration as provided in Section 5.2 upon written notice from the Trustee or holders of 25% of the Original Indentureoutstanding principal amount of the Notes. In order to exercise the extension right and elect to pay the Additional Interest as the sole remedy following the occurrence of any Event of Default relating to the failure to comply with Section 3.08 3.06 in accordance with the preceding paragraph, the Company must notify all Noteholders and the Trustee and Paying Agent of such election prior to the close of business on the 91st calendar day after the written notice to the Company of such failure to report (or, if such date is not a Business Day, on the first Business Day thereafter). Upon the Company’s failure to timely give such notice, the Notes will be subject to acceleration as provided in Section 5.2 above. Notwithstanding the preceding paragraph, if an Event of Default occurs under any other series of the Original IndentureCompany’s debt securities issued subsequent to the issuance of the Notes resulting from its failure to comply with such reporting obligations and such Event of Default is not subject to extension on terms similar to the above and results in the principal amount of such debt securities becoming due and payable, then the extension right will no longer apply and the Notes will be subject to acceleration as provided above. For the avoidance of doubt, the provisions of this Section 4.02 will not affect the rights of Noteholders in the event of the occurrence of any other Event of Default.

Sole Remedy for Failure to Report. Notwithstanding any other provision of the this Indenture, if the Company so elects, the sole remedy for an Event of Default relating to the failure of the Company to comply with the reporting obligations its agreements under Section 3.08 will, 4.07(a) of this Indenture will for the period beginning on the 91st 180 calendar day and ending on the 180th day days after the written notice of the occurrence of such failure to report from the Trustee or holders an Event of 25% of the Outstanding principal amount of the Notes, Default consist exclusively of the right to receive additional interest (“Reporting Additional Interest”) on the Notes at a rate equal to 0.25% per annum of the principal amount of the Notes and, if the Company so elects, for the period beginning on the 181st calendar day and ending on the 360th day after the written notice of the occurrence of such failure to report from the Trustee or holders of 25% of the Outstanding principal amount of the Notes, consist exclusively of the right to receive additional interest on the Notes at a rate equal to 0.50% per annum of the principal amount of the Notes (the “Additional Interest”)annum. This Reporting Additional Interest will be payable in the same manner and on the same dates Interest Payment Dates and subject to the same terms as the stated other interest payable on the Notesunder this Indenture. If the Company so elects, this Reporting Additional Interest will accrue on all Outstanding outstanding Notes from and including the 91st day following the date on which such Event of such written notice of the Default relating to a failure to comply with Section 3.08 4.07(a) first occurs to but not including the 180th calendar day thereafter (or such earlier date on which the Event of Default relating to the reporting obligations as set forth in a failure to comply with Section 3.08 4.07(a) shall have been cured or waived). On the 270th such 180th calendar day after (or such earlier date on which the Commencement Event of Default relating to a failure to comply with Section 4.07(a) shall have been cured or waived), such Reporting Additional Interest (if will cease to accrue and on such violation is not cured or waived prior to such 270th 180th calendar day), day the Notes will be subject to acceleration and other remedies as provided in Section 5.2 of this Article 6 if the Original Indenture. In order to exercise the extension right and elect to pay the Additional Interest as the sole remedy following the occurrence of any Event of Default relating to the failure to comply with Section 3.08 in accordance with the preceding paragraph, the Company must notify all Noteholders and the Trustee and Paying Agent of such election prior to the close of business on the 91st calendar day after the written notice to the Company of such failure to report (or, if such date is not a Business Day, on the first Business Day thereafter). Upon the Company’s failure to timely give such notice, the Notes will be subject to acceleration as provided in Section 5.2 of the Original Indenturecontinuing. For the avoidance of doubt, the provisions of this Section 4.02 6.13 will not affect the rights of Noteholders Holders of Notes in the event of the occurrence of any other Event of DefaultDefault and will have no effect on the rights of Holders of Notes under each Registration Rights Agreement. For the further avoidance of doubt, the Reporting Additional Interest shall not begin accruing until the Company fails to comply with Section 4.07(a) for a period of 60 calendar days after written notice of such failure is given to the Company by the Trustee or to the Company and the Trustee by the Holders of at least 25% in aggregate principal amount of outstanding Notes.

Sole Remedy for Failure to Report. Notwithstanding any other provision of the Indenture, if the Company so elects, the sole remedy for an Event of Default relating to the failure to comply with the reporting obligations under Section 3.08 3.06 will, for the period beginning on the 91st calendar day and ending on the 180th day after the written notice of the occurrence of such failure to report from the Trustee or holders of 25% of the Outstanding outstanding principal amount of the Notes, consist exclusively of the right to receive additional interest on the Notes at a rate equal to 0.25% per annum of the principal amount of the Notes and, if the Company so elects, for the period beginning on the 181st calendar day and ending on the 360th day after the written notice of the occurrence of such failure to report from the Trustee or holders of 25% of the Outstanding principal amount of the Notes, consist exclusively of the right to receive additional interest on the Notes at a rate equal to 0.50% per annum of the principal amount of the Notes (the “Additional Interest”). This Additional Interest will be payable in the same manner and on the same dates as the stated interest payable on the Notes. If the Company so elects, this Additional Interest will accrue on all Outstanding outstanding Notes from and including the 91st day following the date of such written notice of the failure to comply with Section 3.08 3.06 to but not including the date on which the Event of Default relating to the reporting obligations as set forth in Section 3.08 3.06 shall have been cured or waived. On the 270th 180th calendar day after the Commencement commencement of such Additional Interest (if such violation is not cured or waived prior to such 270th 180th calendar day), the Notes will be subject to acceleration as provided upon written notice from the Trustee or holders of 25% of the outstanding principal amount of the Notes, in accordance with Section 5.2 6.02 of the Original Indenture. In order to exercise the extension right and elect to pay the Additional Interest as the sole remedy following the occurrence of any Event of Default relating to the failure to comply with Section 3.08 3.06 in accordance with the preceding paragraph, the Company must notify all Noteholders and the Trustee and Paying Agent of such election prior to the close of business on the 91st calendar day after the written notice to the Company of such failure to report (or, if such date is not a Business Day, on the first Business Day thereafter). Upon the Company’s failure to timely give such notice, the Notes will be subject to acceleration as provided in Section 5.2 of the Original Indentureabove. For the avoidance of doubt, the provisions of this Section 4.02 will not affect the rights of Noteholders in the event of the occurrence of any other Event of Default.

Sole Remedy for Failure to Report. Notwithstanding any other provision of the Indenture, if the Company so elects, may elect by written notice to the Trustee that the sole remedy for an Event of Default relating to the failure of the Company to comply with the reporting obligations its agreements under Section 3.08 will, 4.05 of this First Supplemental Indenture or the requirements of Section 314(a)(1) of the Trust Indenture Act will for the period beginning on the 91st 365 calendar day and ending on the 180th day days after the written notice of the occurrence of such failure to report from the Trustee or holders an Event of 25% of the Outstanding principal amount of the Notes, Default consist exclusively of the right to receive additional interest (“Additional Interest”) on the principal amount of the Notes at a rate equal to 0.25% per annum of the principal amount of the Notes and, if the Company so elects, for the period beginning on first 180 calendar days after the occurrence of such an Event of Default and 0.50% per annum from the 181st calendar day and ending on until the 360th 365th day after the written notice of the occurrence of such failure to report from the Trustee or holders an Event of 25% of the Outstanding principal amount of the Notes, consist exclusively of the right to receive additional interest on the Notes at a rate equal to 0.50% per annum of the principal amount of the Notes (the “Additional Interest”)Default. This Such Additional Interest will shall be payable in the same manner and on the same dates Interest Payment Dates and subject to the same terms as the stated other interest payable on the Notesunder this First Supplemental Indenture. If the Company so elects, this Additional Interest will shall accrue on all Outstanding outstanding Notes from and including the 91st day following the date on which such Event of such written notice of the Default relating to a failure to comply with Section 3.08 4.05 first occurs to but not including the 365th calendar day thereafter (or such earlier date on which the Event of Default relating to the reporting obligations as set forth in a failure to comply with Section 3.08 4.05 shall have been cured or waived). On the 270th such 365th calendar day after (or such earlier date on which the Commencement of such Additional Interest (if such violation is not cured or waived prior to such 270th calendar day), the Notes will be subject to acceleration as provided in Section 5.2 of the Original Indenture. In order to exercise the extension right and elect to pay the Additional Interest as the sole remedy following the occurrence of any Event of Default relating to the a failure to comply with Section 3.08 in accordance with the preceding paragraph4.05 shall have been cured or waived), the Company must notify all Noteholders such Additional Interest shall cease to accrue and the Trustee and Paying Agent of on such election prior to the close of business on the 91st 365th calendar day after the written notice to the Company of such failure to report (or, if such date is not a Business Day, on the first Business Day thereafter). Upon the Company’s failure to timely give such notice, the Notes will shall be subject to acceleration and other remedies as provided in this Section 5.2 7.16 if the Event of the Original IndentureDefault is continuing. For the avoidance of doubt, the provisions of this Section 4.02 will 7.16 shall not affect the rights of Noteholders Holders of Notes in the event of the occurrence of any other Event of Default. In the event the Company does not elect to pay Additional Interest upon an Event of Default relating to failure to comply with Section 4.05, the Notes shall be subject to acceleration as provided in Section 7.02. For the further avoidance of doubt, the Additional Interest will accrue from the date on which the Event of Default relating to a failure to comply with Section 4.05 occurs. In order to elect to pay the Additional Interest as the sole remedy during the first 365 days after the occurrence of an Event of Default relating to a failure to comply with Section 4.05, the Company must notify all Holders of Notes, the Trustee and the Paying Agent of such election prior to the first Business Day following the date on which the Event of Default relating to a failure to comply with Section 4.05 occurs.

Sole Remedy for Failure to Report. Notwithstanding any other provision of the this Indenture, if the Company so elects, the sole remedy for an Event of Default relating to the failure of the Company to comply with the reporting obligations its agreements under Section 3.08 ‎Section 4.07(a) of this Indenture will, for the period beginning on the 91st 180 calendar day and ending on the 180th day days after the written notice of the occurrence of such failure to report from the Trustee or holders an Event of 25% of the Outstanding principal amount of the NotesDefault, consist exclusively of the right to receive additional interest (“Reporting Additional Interest”) on the Notes at a rate equal to 0.25% per annum of the principal amount of the Notes and, if the Company so elects, for the period beginning on the 181st calendar day and ending on the 360th day after the written notice of the occurrence of such failure to report from the Trustee or holders of 25% of the Outstanding principal amount of the Notes, consist exclusively of the right to receive additional interest on the Notes at a rate equal to 0.50% per annum of the principal amount of the Notes (the “Additional Interest”)annum. This Reporting Additional Interest will be payable in the same manner and on the same dates Interest Payment Dates and subject to the same terms as the stated other interest payable on the Notesunder this Indenture. If the Company so elects, this Reporting Additional Interest will accrue on all Outstanding outstanding Notes from and including the 91st day following the date on which such Event of such written notice of the Default relating to a failure to comply with Section 3.08 ‎Section 4.07(a) first occurs to but not including the 180th calendar day thereafter (or such earlier date on which the such Event of Default relating to the reporting obligations as set forth in Section 3.08 shall have been cured or waived). On the 270th such 180th calendar day after the Commencement (or such earlier date on which such Event of Default shall have been cured or waived), such Reporting Additional Interest (if will cease to accrue, and on such violation is not cured or waived prior to such 270th 180th calendar day), the Notes will be subject to acceleration and other remedies as provided in Section 5.2 of this ‎Article 6 if the Original Indenture. In order to exercise the extension right and elect to pay the Additional Interest as the sole remedy following the occurrence of any Event of Default relating to the failure to comply with Section 3.08 in accordance with the preceding paragraph, the Company must notify all Noteholders and the Trustee and Paying Agent of such election prior to the close of business on the 91st calendar day after the written notice to the Company of such failure to report (or, if such date is not a Business Day, on the first Business Day thereafter). Upon the Company’s failure to timely give such notice, the Notes will be subject to acceleration as provided in Section 5.2 of the Original Indenturethen continuing. For the avoidance of doubt, the provisions of this Section 4.02 ‎Section 6.13 will not affect the rights of Noteholders Holders of Notes in the event of the occurrence of any other Event of Default. For the further avoidance of doubt, the Reporting Additional Interest shall not begin accruing until the Company fails to comply with ‎Section 4.07(a) for a period of 60 calendar days after the Notice of Default of such failure is given to the Company by the Trustee or to the Company and the Trustee by the Holders of at least 25% in aggregate principal amount of outstanding Notes.

Sole Remedy for Failure to Report. Notwithstanding any other provision of the this Indenture, if at the Company so electsCompany’s election, the sole remedy for an Event of Default relating to the failure to comply with the reporting obligations under Section 3.08 Article 5 of this Indenture will, for the period beginning on the 91st calendar day and ending on the 180th day 365 days after the written notice of the occurrence of such failure to report from the Trustee or holders an Event of 25% of the Outstanding principal amount of the NotesDefault, consist exclusively of the right to receive additional interest Additional Interest on the Notes at a rate equal to 0.25% per annum of the principal amount of the Notes and, if the Company so elects, for the period beginning on the 181st calendar day and ending on the 360th day after the written notice of the occurrence of such failure to report from the Trustee or holders of 25% of the Outstanding principal amount of the Notes, consist exclusively of the right to receive additional interest on the Notes Securities at a rate equal to 0.50% per annum of the principal amount of the Notes (the “Additional Interest”)annum. This Additional Interest will be payable in the same manner and on the same dates as the stated interest payable on the Notes. If the Company so elects, this The Additional Interest will accrue on all Outstanding Notes outstanding Securities from and including the 91st day following the date on which an Event of such written notice of the Default relating to a failure to comply with Section 3.08 Article 5 first occurs to but not including excluding the 365th day thereafter (or such earlier date on which the Event of Default relating to the reporting obligations as set forth in Section 3.08 under Article 5 shall have been cured or waived). On such 365th day (or earlier, if the 270th calendar day after the Commencement Event of Default relating to such Additional Interest (if such violation reporting obligations is not cured or waived prior to such 270th calendar 365th day), such Additional Interest will cease to accrue and the Notes Securities will be subject to acceleration and other remedies as provided in Section 5.2 of this Article 7 if the Original Indenture. In order to exercise the extension right and elect to pay the Additional Interest as the sole remedy following the occurrence of any Event of Default relating to the failure to comply with Section 3.08 in accordance with the preceding paragraph, the Company must notify all Noteholders and the Trustee and Paying Agent of such election prior to the close of business on the 91st calendar day after the written notice to the Company of such failure to report (or, if such date is not a Business Day, on the first Business Day thereafter). Upon the Company’s failure to timely give such notice, the Notes will be subject to acceleration as provided in Section 5.2 of the Original Indenturecontinuing. For the avoidance of doubt, the provisions of this Section 4.02 7.02 will not affect the rights of Noteholders Holders of Securities in the event of the occurrence of any other Event of Default. In no event will Additional Interest (including any Additional Interest that may accrue as a result of Section 3.08) accrue at a rate per year in excess of 0.50% pursuant to the Indenture, regardless of the number of events or circumstances giving rise to the requirement to pay such Additional Interest.

Sole Remedy for Failure to Report. Notwithstanding any other provision of the this Indenture, if the Company so elects, the sole remedy for an Event of Default relating to the failure of the Company to comply with the reporting obligations its agreements under Section 3.08 will, 3.4(a) of this Indenture will for the period beginning on the 91st 90 calendar day and ending on the 180th day days after the written notice of the occurrence of such failure to report from the Trustee or holders of 25% of the Outstanding principal amount of the Notes, consist exclusively of the right to receive additional interest (“Reporting Additional Interest”) on the Notes principal amount of the Securities at a rate equal to 0.250.5% per annum of the principal amount of the Notes and, if the Company so elects, for the period beginning on the 181st calendar day and ending on the 360th day after the written notice of the occurrence of such failure to report from the Trustee or holders of 25% of the Outstanding principal amount of the Notes, consist exclusively of the right to receive additional interest on the Notes at a rate equal to 0.50% per annum of the principal amount of the Notes (the “Additional Interest”)annum. This Reporting Additional Interest will be payable in the same manner and on the same interest payment dates and subject to the same terms as the stated other interest payable on the Notesunder this Indenture. If the Company so elects, this Reporting Additional Interest will accrue on all Outstanding Notes outstanding Securities from and including the 91st day following the date of such written notice of the on which a failure to comply with Section 3.08 3.4(a) first occurs to but not including the 90th calendar day thereafter (or such earlier date on which the Event of Default relating such failure to the reporting obligations as set forth in comply with Section 3.08 3.4(a) shall have been cured or waived). On the 270th such 90th calendar day after the Commencement of (or such earlier date on which such failure to comply with Section 3.4(a) shall have been cured or waived), such Reporting Additional Interest (if will cease to accrue and on such violation is not cured or waived prior to such 270th 90th calendar day), day the Notes Securities will be subject to acceleration and other remedies as provided in Section 5.2 of this Article VI if the Original Indenture. In order to exercise the extension right and elect to pay the Additional Interest as the sole remedy following the occurrence of any Event of Default relating to the failure to comply with Section 3.08 in accordance with the preceding paragraph, the Company must notify all Noteholders and the Trustee and Paying Agent of such election prior to the close of business on the 91st calendar day after the written notice to the Company of such failure to report (or, if such date is not a Business Day, on the first Business Day thereafter). Upon the Company’s failure to timely give such notice, the Notes will be subject to acceleration as provided in Section 5.2 of the Original Indenturecontinuing. For the avoidance of doubt, the provisions of this Section 4.02 6.13 will not affect the rights of Noteholders Holders of Securities in the event of the occurrence of any other Event of Default. For the further avoidance of doubt, the Reporting Additional Interest shall not begin accruing until the Company fails to comply with Section 3.4(a) for a period of 60 calendar days after written notice of such failure is given to the Company by the Trustee or to the Company and the Trustee by the Holders of at least 25% in aggregate principal amount of the Securities then outstanding.

Sole Remedy for Failure to Report. Notwithstanding any other provision of the this Indenture, if the Company so elects, the sole remedy for an Event of Default relating to the failure of the Company to comply with the reporting obligations its agreements under Section 3.08 will, 4.02(a) of this Indenture shall for the period beginning on the 91st 180 calendar day and ending on the 180th day days after the written notice of the occurrence of such failure to report from the Trustee or holders an Event of 25% of the Outstanding principal amount of the Notes, Default consist exclusively of the right to receive additional interest (“Reporting Additional Interest”) on the Notes at a rate equal to 0.25% per annum of the principal amount of the Notes and, if the Company so elects, for the period beginning on the 181st calendar day and ending on the 360th day after the written notice of the occurrence of such failure to report from the Trustee or holders of 25% of the Outstanding principal amount of the Notes, consist exclusively of the right to receive additional interest on the Notes at a rate equal to 0.50% per annum of the principal amount of the Notes (the “Additional Interest”)annum. This Reporting Additional Interest will shall be payable in the same manner and on the same interest payment dates and subject to the same terms as the stated other interest payable on the Notesunder this Indenture. If the Company so elects, this Reporting Additional Interest will shall accrue on all Outstanding outstanding Notes from and including the 91st day following the date on which such Event of such written notice of the Default relating to a failure to comply with Section 3.08 4.02(a) first occurs to but not including the 180th calendar day thereafter (or such earlier date on which the Event of Default relating to the reporting obligations as set forth in a failure to comply with Section 3.08 4.02(a) shall have been cured or waived). On the 270th such 180th calendar day after (or such earlier date on which the Commencement of such Additional Interest (if such violation is not cured or waived prior to such 270th calendar day), the Notes will be subject to acceleration as provided in Section 5.2 of the Original Indenture. In order to exercise the extension right and elect to pay the Additional Interest as the sole remedy following the occurrence of any Event of Default relating to the a failure to comply with Section 3.08 in accordance with the preceding paragraph4.02(a) shall have been cured or waived), the Company must notify all Noteholders such Reporting Additional Interest shall cease to accrue and the Trustee and Paying Agent of on such election prior to the close of business on the 91st 180th calendar day after the written notice to the Company of such failure to report (or, if such date is not a Business Day, on the first Business Day thereafter). Upon the Company’s failure to timely give such notice, the Notes will shall be subject to acceleration and other remedies as provided in Section 5.2 this Article 6 if the Event of the Original IndentureDefault is continuing. For the avoidance of doubt, the provisions of this Section 4.02 will 6.13 shall not affect the rights of Noteholders Holders in the event of the occurrence of any other Event of Default. For the further avoidance of doubt, the Reporting Additional Interest shall not begin accruing until the Company fails to comply with Section 4.02(a) for a period of 60 calendar days after written notice of such failure is given to the Company by the Trustee or to the Company and the Trustee by the Holders of at least 25% in aggregate principal amount of outstanding Notes.

Sole Remedy for Failure to Report. Notwithstanding any other provision of the this Indenture, if the Company so elects, the sole remedy for an Event of Default relating to the failure of the Company to comply with the reporting obligations its agreements under Section 3.08 ‎Section 4.07(a) of this Indenture will, for the period beginning on the 91st 180 calendar day and ending on the 180th day days after the written notice of the occurrence of such failure to report from the Trustee or holders an Event of 25% of the Outstanding principal amount of the NotesDefault, consist exclusively of the right to receive additional interest (“Reporting Additional Interest”) on the Notes at a rate equal to 0.25% per annum of the principal amount of the Notes and, if the Company so elects, for the period beginning on the 181st calendar day and ending on the 360th day after the written notice of the occurrence of such failure to report from the Trustee or holders of 25% of the Outstanding principal amount of the Notes, consist exclusively of the right to receive additional interest on the Notes at a rate equal to 0.50% per annum of the principal amount of the Notes (the “Additional Interest”)annum. This Reporting Additional Interest will be payable in the same manner and on the same dates Interest Payment Dates and subject to the same terms as the stated other interest payable on the Notesunder this Indenture. If the Company so elects, this Reporting Additional Interest will accrue on all Outstanding outstanding Notes from and including the 91st day following the date on which such Event of such written notice of the Default relating to a failure to comply with Section 3.08 ‎Section 4.07(a) first occurs to but not including the 180th calendar day thereafter (or such earlier date on which the such Event of Default relating to the reporting obligations as set forth in Section 3.08 shall have been cured or waived). On the 270th such 180th calendar day after the Commencement (or such earlier date on which such Event of Default shall have been cured or waived), such Reporting Additional Interest (if will cease to accrue, and on such violation is not cured or waived prior to such 270th 180th calendar day), the Notes will be subject to acceleration and other remedies as provided in Section 5.2 of this ‎Article 6 if the Original Indenture. In order to exercise the extension right and elect to pay the Additional Interest as the sole remedy following the occurrence of any Event of Default relating to the failure to comply with Section 3.08 in accordance with the preceding paragraph, the Company must notify all Noteholders and the Trustee and Paying Agent of such election prior to the close of business on the 91st calendar day after the written notice to the Company of such failure to report (or, if such date is not a Business Day, on the first Business Day thereafter). Upon the Company’s failure to timely give such notice, the Notes will be subject to acceleration as provided in Section 5.2 of the Original Indenturethen continuing. For the avoidance of doubt, the provisions of this Section 4.02 ‎Section 6.13 will not affect the rights of Noteholders Holders of Notes in the event of the occurrence of any other Event of Default. For the further avoidance of doubt, the Reporting Additional Interest shall not begin accruing until the Company fails to comply with ‎Section 4.07(a) for a period of 60 calendar days after the Notice of Default of such failure is given to the Company by the Trustee or to the Company and the Trustee by the Holders of at least 25.0% in aggregate principal amount of outstanding Notes.

Sole Remedy for Failure to Report. Notwithstanding any other provision of the this Indenture, if the Company so elects, the sole remedy for an Event of Default relating to the failure of the Company to comply with the reporting obligations its agreements under Section 3.08 4.07(a) of this Indenture will, for the period beginning on the 91st 180 calendar day and ending on the 180th day days after the written notice of the occurrence of such failure to report from the Trustee or holders an Event of 25% of the Outstanding principal amount of the NotesDefault, consist exclusively of the right to receive additional interest (“Reporting Additional Interest”) on the Notes at a rate equal to 0.25% per annum of the principal amount of the Notes and, if the Company so elects, for the period beginning on the 181st calendar day and ending on the 360th day after the written notice of the occurrence of such failure to report from the Trustee or holders of 25% of the Outstanding principal amount of the Notes, consist exclusively of the right to receive additional interest on the Notes at a rate equal to 0.50% per annum of the principal amount of the Notes (the “Additional Interest”)annum. This Reporting Additional Interest will be payable in the same manner and on the same dates Interest Payment Dates and subject to the same terms as the stated other interest payable on the Notesunder this Indenture. If the Company so elects, this Reporting Additional Interest will accrue on all Outstanding outstanding Notes from and including the 91st day following the date on which such Event of such written notice of the Default relating to a failure to comply with Section 3.08 4.07(a) first occurs to but not including the 180th calendar day thereafter (or such earlier date on which the such Event of Default relating to the reporting obligations as set forth in Section 3.08 shall have been cured or waived). On the 270th such 180th calendar day after the Commencement (or such earlier date on which such Event of Default shall have been cured or waived), such Reporting Additional Interest (if will cease to accrue, and on such violation is not cured or waived prior to such 270th 180th calendar day), the Notes will be subject to acceleration and other remedies as provided in Section 5.2 of this Article 6 if the Original Indenture. In order to exercise the extension right and elect to pay the Additional Interest as the sole remedy following the occurrence of any Event of Default relating to the failure to comply with Section 3.08 in accordance with the preceding paragraph, the Company must notify all Noteholders and the Trustee and Paying Agent of such election prior to the close of business on the 91st calendar day after the written notice to the Company of such failure to report (or, if such date is not a Business Day, on the first Business Day thereafter). Upon the Company’s failure to timely give such notice, the Notes will be subject to acceleration as provided in Section 5.2 of the Original Indenturethen continuing. For the avoidance of doubt, the provisions of this Section 4.02 6.13 will not affect the rights of Noteholders Holders of Notes in the event of the occurrence of any other Event of Default. For the further avoidance of doubt, the Reporting Additional Interest shall not begin accruing until the Company fails to comply with Section 4.07(a) for a period of 60 calendar days after the Notice of Default of such failure is given to the Company by the Trustee or to the Company and the Trustee by the Holders of at least 25% in aggregate principal amount of outstanding Notes.

Sole Remedy for Failure to Report. Notwithstanding any other provision of the Indenture, if the Company so elects, may elect by written notice to the Trustee that the sole remedy for an Event of Default relating to the failure of the Company to comply with the reporting obligations its agreements under Section 3.08 will, 4.05 of this First Supplemental Indenture or the requirements of Section 314(a)(1) of the Trust Indenture Act will for the period beginning on the 91st 365 calendar day and ending on the 180th day days after the written notice of the occurrence of such failure to report from the Trustee or holders an Event of 25% of the Outstanding principal amount of the Notes, Default consist exclusively of the right to receive additional interest (“Additional Interest”) on the principal amount of the Notes at a rate equal to 0.25% per annum of the principal amount of the Notes and, if the Company so elects, for the period beginning on first 180 calendar days after the occurrence of such an Event of Default and 0.50% per annum from the 181st calendar day and ending on until the 360th 365th day after the written notice of the occurrence of such failure to report from the Trustee or holders an Event of 25% of the Outstanding principal amount of the Notes, consist exclusively of the right to receive additional interest on the Notes at a rate equal to 0.50% per annum of the principal amount of the Notes (the “Additional Interest”)Default. This Such Additional Interest will shall be payable in the same manner and on the same dates Interest Payment Dates and subject to the same terms as the stated other interest payable on the Notesunder this First Supplemental Indenture. If the Company so elects, this Additional Interest will shall accrue on all Outstanding outstanding Notes from and including the 91st day following the date on which such Event of such written notice of the Default relating to a failure to comply with Section 3.08 4.05 first occurs to but not including the 365th calendar day thereafter (or such earlier date on which the Event of Default relating to the reporting obligations as set forth in a failure to comply with Section 3.08 4.05 shall have been cured or waived). On the 270th such 365th calendar day after (or such earlier date on which the Commencement of such Additional Interest (if such violation is not cured or waived prior to such 270th calendar day), the Notes will be subject to acceleration as provided in Section 5.2 of the Original Indenture. In order to exercise the extension right and elect to pay the Additional Interest as the sole remedy following the occurrence of any Event of Default relating to the a failure to comply with Section 3.08 in accordance with the preceding paragraph4.05 shall have been cured or waived), the Company must notify all Noteholders such Additional Interest shall cease to accrue and the Trustee and Paying Agent of on such election prior to the close of business on the 91st 365th calendar day after the written notice to the Company of such failure to report (or, if such date is not a Business Day, on the first Business Day thereafter). Upon the Company’s failure to timely give such notice, the Notes will shall be subject to acceleration and other remedies as provided in this Section 5.2 7.16 if the Event of the Original IndentureDefault is continuing. For the avoidance of doubt, the provisions of this Section 4.02 will 7.16 shall not affect the rights of Noteholders Holders of Notes in the event of the occurrence of any other Event of Default. In the event the Company does not elect to pay Additional Interest upon an Event of Default relating to failure to comply with Section 4.05, the Notes shall be subject to acceleration as provided in Section 7.02. For the further avoidance of doubt, the Additional Interest will accrue from the date on which the Event of Default relating to a failure to comply with Section 4.05 occurs. In order to elect to pay the Additional Interest as the sole remedy during the first 365 days after the occurrence of an Event of Default relating to a failure to comply with Section 4.05, the Company must notify all Holders of Notes, the Trustee and the Paying Agent of such election prior to the tenth Business Day following the date on which the Event of Default relating to a failure to comply with Section 4.05 occurs.