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

Sole Remedy for Failure to Report. Notwithstanding any other provision of this Indenture, the sole remedy for an Event of Default relating to the failure to comply with the reporting obligations under Article 5 of this Indenture, and for any failure to comply with the requirements of Section 314(a)(1) of the TIA, will for the 365 days after the occurrence of such an Event of Default consist exclusively of the right to receive Additional Interest on the principal amount of the Securities at a rate equal to 0.50% per annum. This Additional Interest will be in addition to any Additional Interest that may accrue as a result of a registration default as described in the Registration Rights Agreement and will be payable in the same manner and subject to the same terms as other interest payable under this Indenture. The Additional Interest will accrue on all outstanding Securities from and including the date on which an Event of Default relating to a failure to comply with Article 5 or Section 314(a)(1) of the TIA first occurs to but not excluding the 365th day thereafter (or such earlier date on which the Event of Default relating to the reporting obligations under Article 5 or Section 314(a)(1) of the TIA shall have been cured or waived). On such 365th day (or earlier, if the Event of Default relating to such reporting obligations is cured or waived prior to such 365th day), such Additional Interest will cease to accrue and the Securities will be subject to acceleration and other remedies as provided in this Article 7 if the Event of Default is continuing. For the avoidance of doubt, the provisions of this Section 7.02 will not affect the rights of Holders of Securities in the event of the occurrence of any other Event of Default and will have no effect on the rights of Holders of Securities under the Registration Rights Agreement.

Sole Remedy for Failure to Report. Notwithstanding any other provision of this Indenture, if elected by the Company, the sole remedy for an Event of Default relating to the failure to comply with the reporting obligations under Article 5 of this Indenture, and for any failure to comply with the requirements of Section 314(a)(1) of the TIA, will for the 365 first 60 days after the occurrence of such an Event of Default consist exclusively of the right to receive Additional Interest on the principal amount of the Securities at a rate equal to 0.500.25% per annum. This Additional Interest will be in addition to any other Additional Interest that may accrue as a result of a registration default as described in the Registration Rights Agreement and will be payable in the same manner and subject to the same terms as other interest payable under this Indenture. The Additional Interest will accrue on all outstanding Securities from and including the date on which an Event of Default relating to a failure to comply with Article 5 or Section 314(a)(1) of the TIA first occurs to but not excluding including the 365th 60th day thereafter (or such earlier date on which the Event of Default relating to the reporting obligations under Article 5 or Section 314(a)(1) of the TIA shall have been cured or waived). On such 365th 60th day (or earlier, if the Event of Default relating to such reporting obligations is cured or waived prior to such 365th 60th day), such Additional Interest will cease to accrue and the Securities will be subject to acceleration and other remedies as provided in this Article 7 if the Event of Default is continuing. The Company shall make any such election pursuant to this Section by notice to all Holders, the Trustee and the Paying Agent of such election on or before the close of business on the date on which such Event of Default first occurs. In the event the Company does not timely make such election, Securities will be subject to acceleration and other remedies as provided in this Article 7. For the avoidance of doubt, the provisions of this Section 7.02 will not affect the rights of Holders of Securities in the event of the occurrence of any other Event of Default and will have no effect on the rights of Holders of Securities under the Registration Rights Agreement.

Sole Remedy for Failure to Report. Notwithstanding any other provision of this 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 IndentureSection 3.08 will, and for any failure to comply with the requirements of Section 314(a)(1) of the TIA, will for the 365 days period beginning on the 91st calendar day and ending on the 180th day after the written notice of the occurrence of such an Event failure to report from the Trustee or holders of Default 25% of the Outstanding principal amount of the Notes, 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 Securities 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 annumannum of the principal amount of the Notes (the “Additional Interest”). This Additional Interest will be in addition to any Additional Interest that may accrue as a result of a registration default as described in the Registration Rights Agreement and will be payable in the same manner and subject to on the same terms dates as other the stated interest payable under on the Notes. If the Company so elects, this Indenture. The Additional Interest will accrue on all outstanding Securities Outstanding Notes from and including the 91st day following the date on which an Event of Default relating to a such written notice of the failure to comply with Article 5 or Section 314(a)(1) of the TIA first occurs 3.08 to but not excluding including the 365th day thereafter (or such earlier date on which the Event of Default relating to the reporting obligations under Article 5 or as set forth in Section 314(a)(1) of the TIA 3.08 shall have been cured or waived). On the 270th calendar day after the commencement of such 365th day Additional Interest (or earlier, if the Event of Default relating to such reporting obligations violation is not cured or waived prior to such 365th 270th calendar day), such Additional Interest will cease to accrue and the Securities Notes will be subject to acceleration and other remedies as provided in this Article 7 if 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 continuingnot 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 7.02 4.02 will not affect the rights of Holders of Securities Noteholders in the event of the occurrence of any other Event of Default and will have no effect on the rights of Holders of Securities under the Registration Rights AgreementDefault.

Sole Remedy for Failure to Report. Notwithstanding any other provision of this Indenture, the sole remedy for an Event of Default relating to the failure to comply with the reporting obligations under Article 5 of this Indenture, and for any failure to comply with the requirements of Section 314(a)(1) of the TIA, will for the 365 days after the occurrence of such an Event of Default consist exclusively of the right to receive Additional Interest on the principal amount of the Securities at a rate equal to 0.500.25% per annum. This Additional Interest will be in addition to any Additional Interest that may accrue as a result of a registration default as described in the Registration Rights Agreement and will be payable in the same manner and subject to the same terms as other interest payable under this Indenture. The Additional Interest will accrue on all outstanding Securities from and including the date on which an Event of Default relating to a failure to comply with Article 5 or Section 314(a)(1) of the TIA first occurs to but not excluding the 365th day thereafter (or such earlier date on which the Event of Default relating to the reporting obligations under Article 5 or Section 314(a)(1) of the TIA shall have been cured or waived). On such 365th day (or earlier, if the Event of Default relating to such reporting obligations is cured or waived prior to such 365th day), such Additional Interest will cease to accrue and the Securities will be subject to acceleration and other remedies as provided in this Article 7 if the Event of Default is continuing. For the avoidance of doubt, the provisions of this Section 7.02 will not affect the rights of Holders of Securities in the event of the occurrence of any other Event of Default and will have no effect on the rights of Holders of Securities under the Registration Rights Agreement.

Sole Remedy for Failure to Report. Notwithstanding any other provision of this the Indenture, the sole remedy for an Event of Default relating to the failure to comply with the reporting obligations under Article 5 Section 12.01 of this First Supplemental Indenture, and for any failure to comply with the requirements of Section 314(a)(1) of the TIATrust Indenture Act, will for the 365 days after the occurrence of such an Event of Default consist exclusively of the right to receive Additional Interest on the principal amount of the Securities at a rate equal to 0.500.25% per annum. This Additional Interest will be in addition to any Additional Interest that may accrue as a result of a registration default as described in the Registration Rights Agreement and will be payable in the same manner and subject to the same terms as other interest payable under this First Supplemental Indenture. The Additional Interest will accrue on all outstanding Securities from and including the date on which an Event of Default relating to a failure to comply with Article 5 Section 12.01 or Section 314(a)(1) of the TIA Trust Indenture Act first occurs to but not excluding the 365th day thereafter (or such earlier date on which the Event of Default relating to the reporting obligations under Article 5 Section 12.01 or Section 314(a)(1) of the TIA Trust Indenture Act shall have been cured or waived). On such 365th day (or earlier, if the Event of Default relating to such reporting obligations is cured or waived prior to such 365th day), such Additional Interest will cease to accrue and the Securities will be subject to acceleration and other remedies as provided in this Article 7 5 if the Event of Default is continuing. For the avoidance of doubt, the provisions of this Section 7.02 5.02 will not affect the rights of Holders of Securities in the event of the occurrence of any other Event of Default and will have no effect on the rights of Holders of Securities under the Registration Rights AgreementDefault.

Sole Remedy for Failure to Report. Notwithstanding any other provision of this Indenture, at the Company’s election, the sole remedy of Holders under this Indenture for an Event of Default relating to the failure of the Company to comply with the reporting its obligations under Article 5 of this Indenture, and for any failure to comply with the requirements of Section 314(a)(1) 5.03 will consist exclusively of the TIA, will right to receive additional interest (“Additional Interest”) on the Debt Securities at an annual rate equal to 0.25% of the aggregate principal amount of the Debt Securities for the 365 days period beginning on the 91st day after the occurrence of such an Event of Default consist exclusively of the right to receive Default. In no event will Additional Interest on the principal amount of the Securities under this Section accrue at a rate equal to 0.50exceeding 0.25% per annum. This Any such Additional Interest will be in addition to any Additional Interest that may accrue as a result of a registration default as described in the Registration Rights Agreement and will be payable in the same manner and subject to on the same terms dates as other the stated interest payable under this Indentureon the Debt Securities. The If the Company so elects, Additional Interest will accrue on all outstanding Debt Securities from and including the 91st day following the date on which an Event of Default relating to a failure to comply with Article 5 or Section 314(a)(1) of the TIA 5.03 first occurs to to, but not excluding including, the 365th day thereafter (or such earlier date on which the Event of Default relating to the reporting obligations under Article 5 or a failure to comply with Section 314(a)(1) of the TIA 5.03 shall have been cured or waived). On such 365th In order to exercise the extension right and elect to pay the Additional Interest as the sole remedy during the period beginning on the 91st day (or earlier, if following the occurrence of any Event of Default relating to such the failure to comply with the reporting obligations is cured or waived in accordance with this Section 6.09, the Company must notify all Holders of Debt Securities and the Trustee and paying agent of such election prior to the close of business on the 91st day after the date on which such 365th Event of Default occurs, (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, such Additional Interest will cease to accrue and the Debt Securities will be subject to acceleration and other remedies as provided in this Article 7 if the Event of Default is continuingVI. For the avoidance of doubt, the The provisions of the Indenture described in this Section 7.02 6.09 will not affect the rights of Holders of Debt Securities in the event of the an occurrence of any other Event of Default and will have no effect on the rights of Holders of Securities under the Registration Rights AgreementDefault.

Sole Remedy for Failure to Report. Notwithstanding any other provision of this the Indenture, 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 314(a)(1) of the TIATrust Indenture Act, will for the 365 days after the occurrence of such an Event of Default consist exclusively of the right to receive additional interest (the “Additional Interest Interest”) on the principal amount of the Securities Notes at a rate equal to 0.500.25% per annum. This Additional Interest will be in addition to any Additional Interest that may accrue as a result of a registration default as described in the Registration Rights Agreement and will be payable in the same manner and subject to the same terms as other interest payable under this First Supplemental Indenture. The Additional Interest will accrue on all outstanding Securities Notes from and including the date on which an Event of Default relating to a failure to comply with Article 5 or Section 314(a)(1) of the TIA Trust Indenture Act first occurs to but not excluding the 365th day thereafter (or such earlier date on which the Event of Default relating to the reporting obligations under Article 5 or Section 314(a)(1) of the TIA Trust Indenture Act shall have been cured or waived). On such 365th day (or earlier, if the Event of Default relating to such reporting obligations is cured or waived prior to such 365th day), such Additional Interest will cease to accrue and the Securities Notes will be subject to acceleration and other remedies as provided in this Article 7 if the Event of Default is continuing. For the avoidance of doubt, the provisions of this Section 7.02 7.03 will not affect the rights of Holders of Securities Notes in the event of the occurrence of any other Event of Default and will have no effect on the rights of Holders of Securities under the Registration Rights AgreementDefault.

Sole Remedy for Failure to Report. Notwithstanding any other provision of this Indenture, at the Company’s election, the sole remedy of Holders under this Indenture for an Event of Default relating to the failure of the Company to comply with the reporting its obligations under Article 5 of this IndentureSection 5.03 will, and for any failure to comply with the requirements of Section 314(a)(1) of the TIA, will for the 365 days period beginning on the 91st day after the occurrence of such an Event of Default Default, consist exclusively of the right to receive additional interest (“Additional Interest Interest”) on the Debt Securities at an annual rate equal to 0.25% of the aggregate principal amount of the Securities Debt Securities. In no event will Additional Interest under this Section accrue at a rate equal to 0.50exceeding 0.25% per annum. This Any such Additional Interest will be in addition to any Additional Interest that may accrue as a result of a registration default as described in the Registration Rights Agreement and will be payable in the same manner and subject to on the same terms dates as other the stated interest payable under this Indentureon the Debt Securities. The If the Company so elects, Additional Interest will accrue on all outstanding Debt Securities from and including the 91st day following the date on which an Event of Default relating to a failure to comply with Article 5 or Section 314(a)(1) of the TIA 5.03 first occurs to to, but not excluding including, the 365th day thereafter (or such earlier date on which the Event of Default relating to the reporting obligations under Article 5 or a failure to comply with Section 314(a)(1) of the TIA 5.03 shall have been cured or waived). On such 365th In order to exercise the extension right and elect to pay the Additional Interest as the sole remedy during the period beginning on the 91st day (or earlier, if following the occurrence of any Event of Default relating to such the failure to comply with the reporting obligations is cured or waived in accordance with this Section 6.09, the Company must notify all holders of Debt Securities and the Trustee and paying agent of such election prior to the close of business on the 91st day after the date on which such 365th Event of Default occurs (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, such Additional Interest will cease to accrue and the Debt Securities will be subject to acceleration and other remedies as provided in this Article 7 if the Event of Default is continuingVI. For the avoidance of doubt, the The provisions of the Indenture described in this Section 7.02 6.09 will not affect the rights of Holders of Debt Securities in the event of the an occurrence of any other Event of Default and will have no effect on the rights of Holders of Securities under the Registration Rights AgreementDefault.

Sole Remedy for Failure to Report. Notwithstanding any other provision of this Indenture, the sole remedy for an Event of Default relating to the failure to comply with the reporting obligations under Article 5 of this Indenture, and for any failure to comply with the requirements of Section 314(a)(1) of the TIA, will for the 365 days after the occurrence of such an Event of Default consist exclusively of the right to receive Additional Interest on the principal amount of the Securities at a rate equal to 0.50% per annum. This Additional Interest will be in addition to any Additional Interest that may accrue as a result of a registration default as described in the Registration Rights Agreement and will be payable in the same manner and subject to the same terms as other interest payable under this Indenture. The Additional Interest will accrue on all outstanding Securities from and including the date on which an Event of Default relating to a failure to comply with Article 5 or Section 314(a)(1) of the TIA first occurs to but not excluding the 365th day thereafter (or such earlier date on which the Event of Default relating to the reporting obligations under Article 5 or Section 314(a)(1) of the TIA shall have been cured or waived). On such 365th day (or earlier, if the Event of Default relating to such reporting obligations is cured or waived prior to such 365th day), such Additional Interest will cease to accrue and the Securities will be subject to acceleration and other remedies as provided in this Article 7 if the Event of Default is continuing. For the avoidance of doubt, the provisions of this Section 7.02 7.03 will not affect the rights of Holders of Securities in the event of the occurrence of any other Event of Default and will have no effect on the rights of Holders of Securities under the Registration Rights Agreement.