Common use of Certain Reports Clause in Contracts

Certain Reports. Until such time as the Designating Stockholders collectively Beneficially Own less than 1.0% of the Total Outstanding Securities, the Company shall deliver or cause to be delivered to the Designating Stockholders, at their request: (a) to the extent otherwise prepared by the Company, operating and capital expenditure budgets and periodic information packages relating to the operations and cash flows of the Company and its Subsidiaries; and (b) to the extent otherwise prepared by the Company, such other reports and information as may be reasonably requested by the Designating Stockholders; provided, however, that in the cases of clauses (a) and (b), the Company shall not be required to disclose any privileged information of the Company so long as the Company has used commercially reasonable efforts to enter into an arrangement pursuant to which it may provide such information to the Designating Stockholders without the loss of any such privilege.

Certain Reports. Until such time as the Designating Stockholders and their Affiliates collectively Beneficially Own less than 1.01% of the Total Outstanding Securities, the Company shall deliver or cause to be delivered to the Designating Stockholders, at their request: (a) to the extent otherwise prepared by the Company, operating and capital expenditure budgets and periodic information packages relating to the operations and cash flows of the Company and its Subsidiaries; and (b) to the extent otherwise prepared by the Company, such other reports and information as may be reasonably requested by the Designating Stockholders; provided, however, that in the cases of clauses (a) and (b), the Company shall not be required to disclose any privileged information of the Company so long as the Company has used commercially reasonable efforts to enter into an arrangement pursuant to which it may provide such information to the Designating Stockholders without the loss of any such privilege.

Certain Reports. Until such time as the Designating Stockholders and their Affiliates collectively Beneficially Own less than 1.0% of the Total Outstanding Securities, the Company shall deliver or cause to be delivered to the Designating Stockholders, at their request: (a) to the extent otherwise prepared by the Company, operating and capital expenditure budgets and periodic information packages relating to the operations and cash flows of the Company and its Subsidiaries; and (b) to the extent otherwise prepared by the Company, such other reports and information as may be reasonably requested by the Designating Stockholders; provided, however, that in the cases of clauses (a) and (b), the Company shall not be required to disclose any privileged information of the Company so long as the Company has used commercially reasonable efforts to enter into an arrangement pursuant to which it may provide such information to the Designating Stockholders without the loss of any such privilege.