Common use of Commission Reports Clause in Contracts

Commission Reports. The Issuer and the Guarantor shall deliver to the Trustee, within 15 days after the Issuer and/or the Guarantor is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Issuer and/or the Guarantor is required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Issuer and/or the Guarantor is not required to file information, documents or reports pursuant to either of said Sections, then the Guarantor shall file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports it would be required to deliver pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations. The Trustee agrees that any quarterly or annual report or other information, document or other report that the Issuer and/or the Guarantor files with the Commission pursuant to Section 13 or 15(d) of the Exchange Act on the Commission’s ▇▇▇▇▇ system shall be deemed to constitute delivery of such filing to the Trustee. 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 Issuer’s or the Guarantor’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). The Trustee shall be under no obligation to analyze or make any credit decisions with respect to reports or other information received by it pursuant to this Section, but shall hold such reports and other information solely for the benefit of, and review by, the Securityholders.

Commission Reports. The Issuer and Guarantor shall, so long as any of the Guarantor shall deliver to Securities are outstanding: (a) file with the TrusteeTrustee (electronically or in hard copy), within 15 days after the Issuer and/or the Guarantor is required to file files the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Issuer and/or that the Guarantor is may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Issuer and/or the Guarantor is not required to file information, documents or reports pursuant to either of said Sectionssuch sections, then the Guarantor shall file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports it would that may be required to deliver pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations. The ; notwithstanding anything to the contrary herein, the Trustee agrees that shall have no duty to review such documents for the purposes of determining compliance with any quarterly or annual report or other provision of this Indenture; (b) file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such additional information, document documents and reports with respect to compliance by the Company with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and (c) transmit by mail to all Holders, as their names and addresses appear in the register kept by the Registrar, within 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Guarantor pursuant to Section 4.4(a) or other report 4.4(b) as may be required by the rules and regulations prescribed from time to time by the Commission; provided, however, that the Issuer and/or the Guarantor files will be deemed to have furnished such information, documents and reports to Holders if it has filed such information, documents and reports with the Commission pursuant to Section 13 or 15(d) of the Exchange Act on using the Commission’s Electronic Data Gathering, Analysis and Retrieval System (or any successor system, “E▇▇▇▇▇ ”) filing system shall be deemed to constitute delivery and such information, documents and reports are publicly available via E▇▇▇▇. The filing of such filing to the Trustee. Delivery of such reportsinformation, information documents and documents to reports with the Trustee is for informational purposes only and the Trustee’s receipt of such information, documents and reports shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuer’s or the Guarantor’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). The Trustee shall be under have no obligation to analyze or make any credit decisions determine if such documents and reports have been filed with respect to reports or other information received by it pursuant to this Section, but shall hold such reports and other information solely for the benefit of, and review by, the SecurityholdersE▇▇▇▇.

Commission Reports. (a) The Issuer and the Guarantor shall Company promptly will deliver to the Trustee, within but in any event no later than 15 days after the Issuer and/or the Guarantor is required to file filing of the same with the Commission, 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 Commission may from time to time by rules and regulations prescribe) reports, if any, which the Issuer and/or the Guarantor Company is required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Issuer and/or the Guarantor is not required to file information, documents or reports pursuant to either of said Sections, then the Guarantor shall file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports it would be required to deliver pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations. The Trustee agrees that any quarterly or annual report or other information, document or other report that the Issuer and/or the Guarantor files with the Commission pursuant to Section 13 or 15(d) of the Exchange Act on Act. Notwithstanding that the Commission’s ▇▇▇▇▇ system Company may not remain subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company will file with the Commission all information, documents and reports required to be filed with the Commission to the extent permitted, and provide the Trustee and the Holders with such annual reports and such information, documents and other reports specified in Sections 13 and 15(d) of the Exchange Act. The Company and the Issuer shall be deemed also comply with the other provisions of TIA § 314(a). The Trustee will have no responsibility whatsoever to constitute delivery of determine whether any such filing has occurred. (b) Regardless of whether the Company is required to furnish such reports to its stockholders pursuant to the Trustee. Exchange Act, the Company (at its own expense) shall cause its consolidated financial statements, comparable to those which would have been required to appear in annual or quarterly reports, to be delivered to the Trustee and the Holders. (c) For so long as any of the Securities remain outstanding, the Company will make available to any prospective purchaser of the Securities or beneficial owner of the Securities in connection with any sale thereof the information required by Rule 144A(d)(4) under the Securities Act during any period when the Company is not subject to Section 13 or 15(d) under the Exchange Act. (d) 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 Issuer’s or the GuarantorCompany’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). The Trustee shall be under no obligation to analyze or make any credit decisions with respect to reports or other information received by it pursuant to this Section, but shall hold such reports and other information solely for the benefit of, and review by, the Securityholders.

Commission Reports. The Issuer and (a) Notwithstanding that the Guarantor shall deliver may not be required to report on an annual and quarterly basis pursuant to rules and regulations promulgated by the Commission, so long as any Notes are outstanding, the Guarantor will furnish to the TrusteeTrustee and, upon request to any Holder, within the time periods specified in the Commission's rules and regulations, or within 15 days after filing with the Commission, as applicable: (i) all annual financial information that would be required to be contained in a filing with the Commission on Form 40-F if the Guarantor were required to file this Form, including a "Management's Discussion and Analysis of Financial Condition and Results of Operations" and, with respect to the annual information only, a report on the annual financial statements by the Guarantor's independent accountants; and (ii) reports on Form 6-K (or any successor form) containing quarterly financial reports prescribed by applicable Canadian regulatory authorities for Canadian public reporting companies (whether or not the Issuer and/or the Guarantor is required to file such forms under Canadian law or stock exchange requirements); and (iii) such other reports on Form 6-K (or any successor form) as are required to be filed by the same with Commission. In addition, following the consummation of the Exchange Offer contemplated by the Registration Rights Agreement, whether or not required by the Commission, copies the Guarantor shall file a copy of all of the annual reports information and of periods specified in the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by Commission's rules and regulations prescribe(unless the Commission will not accept such a filing) which the Issuer and/or and make such information available to securities analysts and prospective investors upon request. (b) For so long as any Notes remain outstanding and the Guarantor does not have or shall cease to have a class of equity securities registered under Section 12(g) of the Exchange Act or is required not or shall cease to file with the Commission pursuant be subject to Section 13 or Section 15(d15 (d) of the Exchange Act; or, if the Issuer and/or the Guarantor is not required to file information, documents or reports pursuant to either of said Sections, then the Guarantor shall file with furnish to the Trustee and Holders, upon their request, the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports it would be information required to deliver be delivered pursuant to Section 13 of Rule 144A(d)(4) under the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations. The Trustee agrees that any quarterly or annual report or other information, document or other report that the Issuer and/or the Guarantor files with the Commission pursuant to Section 13 or 15(d) of the Exchange Act on the Commission’s ▇▇▇▇▇ system shall be deemed to constitute delivery of such filing to the Trustee. 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 Issuer’s or the Guarantor’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). The Trustee shall be under no obligation to analyze or make any credit decisions with respect to reports or other information received by it pursuant to this Section, but shall hold such reports and other information solely for the benefit of, and review by, the SecurityholdersSecurities Act.

Commission Reports. The Issuer and Guarantor shall, so long as any of the Guarantor shall deliver to Notes are outstanding: (a) file with the TrusteeTrustee (electronically or in hard copy), within 15 days after the Issuer and/or the Guarantor is required to file files the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Issuer and/or that the Guarantor is may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Issuer and/or the Guarantor is not required to file information, documents or reports pursuant to either of said such Sections, then the Guarantor shall file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports it would that may be required to deliver pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations. The ; notwithstanding anything to the contrary herein, the Trustee agrees that shall have no duty to review such documents for the purposes of determining compliance with any quarterly or annual report or other provision of this Indenture; and (b) transmit by mail to all Holders of the Notes, as their names and addresses appear in the register kept by the Registrar, within 30 days after the filing thereof with the Trustee, such summaries of any information, document or other report documents and reports required to be filed by the Guarantor pursuant to Section 4.4(a) as may be required by the rules and regulations prescribed from time to time by the Commission; provided, however, that the Issuer and/or Guarantor will be deemed to have furnished such information, documents and reports to Holders of the Guarantor files Notes if it has filed such information, documents and reports with the Commission pursuant to Section 13 or 15(d) of the Exchange Act on using the Commission’s Electronic Data Gathering, Analysis and Retrieval System (or any successor system, “E▇▇▇▇▇ ”) filing system shall be deemed and such information, documents and reports are publicly available via E▇▇▇▇. The Guarantor will also make available copies of all reports required by Section 4.4(a), for so long as the Notes are listed on the Official List of Euronext Dublin and admitted for trading on the Global Exchange Market thereof and the rules of Euronext Dublin so require, at the offices of the paying agent in the United Kingdom or, to constitute delivery the extent and in the manner permitted by such rules, post such reports on the official website of Euronext Dublin (w▇▇.▇▇▇.▇▇). The filing of such filing to the Trustee. Delivery of such reportsinformation, information documents and documents to reports with the Trustee is for informational purposes only and the Trustee’s receipt of such information, documents and reports shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuer’s or the Guarantor’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). The Trustee shall be under no obligation to analyze or make any credit decisions with respect to reports or other information received by it pursuant to this Section, but shall hold such reports and other information solely for the benefit of, and review by, the Securityholders.

Commission Reports. (a) The Issuer and the Guarantor shall deliver to the Trustee, within 15 days after the Issuer and/or the Guarantor is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Issuer and/or the Guarantor is required to Company will file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Issuer and/or the Guarantor is not required to file information, documents or reports pursuant to either of said Sections, then the Guarantor shall file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic all information, documents and reports it would to be required to deliver pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations. The Trustee agrees that any quarterly or annual report or other information, document or other report that the Issuer and/or the Guarantor files filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act on Act, whether or not the Commission’s ▇▇▇▇▇ system shall be deemed Company is subject to constitute delivery of such filing requirements, so long as the Commission will accept such filings; provided that the Company shall not be required pursuant to this Section 4.02 to include the separate financial statements of any Subsidiary Guarantor in any such filing. Except as contemplated by the proviso to the Trusteepreceding sentence, the Company shall also comply with the provisions of TIA ss. 314(a). (b) At the Company's expense, regardless of whether the Company is required to file with the Commission or furnish such information, documents and reports referred to in paragraph (a) above to its stockholders pursuant to the Exchange Act, the Company shall cause such information, documents and reports to be mailed to the Trustee at its address set forth in this Indenture and to the Holders at their addresses appearing in the register of Notes maintained by the Registrar within 15 days after it files them with the Commission or such date as they would have been required to be filed with the Commission if the Company were required to so file pursuant to the Exchange Act. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuer’s or the Guarantor’s Company's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Officers' Certificates). The Trustee . (c) For so long as any Notes remain outstanding, the Company shall be under no obligation make available upon request, to analyze any Holder, any holder of a beneficial interest in a Note and, upon request of any Holder or make any credit decisions with respect to reports such holder, any prospective purchaser of a Note or other a beneficial interest therein, the information received by it required pursuant to this Section, but shall hold such reports and other information solely for Rule 144A(d)(4) under the benefit of, and review by, Securities Act during any period in which the SecurityholdersCompany is not subject to Section 13 or 15(d) of the Exchange Act.

Commission Reports. The Issuer (a) LNR shall file with the Commission all information, documents and reports to be filed with the Guarantor Commission pursuant to Section 13 or 15(d) of the Exchange Act, whether or not LNR is subject to such filing requirements so long as the Commission will accept such filings. LNR (at its own expense) shall deliver to the Trustee, Trustee within 15 days after the Issuer and/or the Guarantor is required to file the same it files them with the Commission, 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 Commission SEC may from time to time by rules and regulations prescribe) which the Issuer and/or the Guarantor is required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Issuer and/or the Guarantor is not required to file information, documents or reports pursuant to either of said Sections, then the Guarantor shall file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports it would be required to deliver pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations. The Trustee agrees that any quarterly or annual report or other information, document or other report that the Issuer and/or the Guarantor LNR files with the Commission pursuant to Section 13 or 15(d) of the Exchange Act on Act. Upon qualification of this Indenture under the Commission’s ▇▇▇▇▇ system TIA, LNR shall be deemed to constitute delivery also comply with the provisions of such filing to the TrusteeTIA Section 314(a). Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuer’s or the Guarantor’s LNR's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Officers' Certificates). The Trustee . (b) At LNR's expense, regardless of whether LNR is required to furnish such reports to its stockholders pursuant to the Exchange Act, LNR shall be under no obligation to analyze or make any credit decisions with respect to reports cause an annual report and each quarterly or other financial report to be delivered to the Trustee and the Trustee will mail them to the Holders at their addresses appearing in the registration books of the Registrar. (c) LNR shall, upon request, provide to any Holder or any prospective transferee of any such Holder any information received by it pursuant concerning LNR (including financial statements) necessary in order to this Section, but shall hold permit such reports and other information solely for the benefit of, and review by, the Securityholders.Holder to sell or transfer Notes in compliance with Rule 144A.

Commission Reports. (a) The Issuer and the Guarantor shall Company will deliver to the Trustee, Trustee within 15 days after the Issuer and/or the Guarantor is required to file the same it files with the Commission, 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 Commission may from time to time by rules and regulations prescribe) reports, if any, which the Issuer and/or the Guarantor Company is required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Issuer and/or the Guarantor is not required to file information, documents or reports pursuant to either of said Sections, then the Guarantor shall file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports it would be required to deliver pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations. The Trustee agrees that any quarterly or annual report or other information, document or other report that the Issuer and/or the Guarantor files with the Commission pursuant to Section 13 or 15(d) of the Exchange Act on Act. Notwithstanding that the Commission’s ▇▇▇▇▇ system shall Company may not be deemed required to constitute delivery of such filing remain subject to the Trusteereporting requirements of Section 13 or 15(d) of the Exchange Act, the Company (at its own expense) will file with the Commission all information, documents and reports required to be filed with the Commission to the extent permitted, and provide the Trustee and the Holders with such annual reports and such information, documents and other reports specified in Sections 13 and 15(d) of the Exchange Act. Upon qualification of this Indenture under the TIA, the Company shall also comply with the other provisions of TIA Section 314(a). (b) Regardless of whether the Company is required to furnish such reports to its stockholders pursuant to the Exchange Act, the Company shall cause its consolidated financial statements, comparable to that which would have been required to appear in annual or quarterly reports, to be delivered to the Trustee and the Holders. The Company will also make such reports available to prospective purchasers of the Securities, securities analysts and broker-dealers upon their request. (c) For so long as any of the Securities remain outstanding, the Company will make available to any prospective purchaser of the Securities or beneficial owner of the Securities in connection with any sale thereof the information required by Rule 144A(d)(4) under the Securities Act during any period when the Company is not subject to Section 13 or 15(d) under the Exchange Act. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuer’s or the Guarantor’s Company's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Officers' Certificates). The Trustee shall be under no obligation to analyze or make any credit decisions with respect to reports or other information received by it pursuant to this Section, but shall hold such reports and other information solely for the benefit of, and review by, the Securityholders.

Commission Reports. The Issuer and (a) Notwithstanding that the Guarantor shall deliver may not be required to report on an annual and quarterly basis pursuant to rules and regulations promulgated by the Commission, so long as any Notes are outstanding, the Guarantor will furnish to the TrusteeTrustee and, upon request to any Holder, within the time periods specified in the Commission’s rules and regulations, or within 15 days after filing with the Commission, as applicable: (i) all annual financial information that would be required to be contained in a filing with the Commission on Form 40-F if the Guarantor were required to file this Form, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, a report on the annual financial statements by the Guarantor’s independent accountants; and (ii) reports on Form 6-K (or any successor form) containing quarterly financial reports prescribed by applicable Canadian regulatory authorities for Canadian public reporting companies (whether or not the Issuer and/or the Guarantor is required to file such forms under Canadian law or stock exchange requirements); and (iii) such other reports on Form 6-K (or any successor form) as are required to be filed by the same with Commission. In addition, following the consummation of the Exchange Offer contemplated by the Registration Rights Agreement, whether or not required by the Commission, copies the Guarantor shall file a copy of all of the annual reports information and of periods specified in the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by Commission’s rules and regulations prescribe(unless the Commission will not accept such a filing) which the Issuer and/or and make such information available to securities analysts and prospective investors upon request. (b) For so long as any Notes remain outstanding and the Guarantor does not have or shall cease to have a class of equity securities registered under Section 12(g) of the Exchange Act or is required not or shall cease to file with the Commission pursuant be subject to Section 13 or Section 15(d15 (d) of the Exchange Act; or, if the Issuer and/or the Guarantor is not required to file information, documents or reports pursuant to either of said Sections, then the Guarantor shall file with furnish to the Trustee and Holders, upon their request, the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports it would be information required to deliver be delivered pursuant to Section 13 of Rule 144A(d)(4) under the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations. The Trustee agrees that any quarterly or annual report or other information, document or other report that the Issuer and/or the Guarantor files with the Commission pursuant to Section 13 or 15(d) of the Exchange Act on the Commission’s ▇▇▇▇▇ system shall be deemed to constitute delivery of such filing to the Trustee. 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 Issuer’s or the Guarantor’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). The Trustee shall be under no obligation to analyze or make any credit decisions with respect to reports or other information received by it pursuant to this Section, but shall hold such reports and other information solely for the benefit of, and review by, the SecurityholdersSecurities Act.

Commission Reports. The Issuer and Guarantor shall, so long as any of the Guarantor shall deliver to Notes are outstanding: (a) file with the TrusteeTrustee (electronically or in hard copy), within 15 days after the Issuer and/or the Guarantor is required to file files the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Issuer and/or that the Guarantor is may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Issuer and/or the Guarantor is not required to file information, documents or reports pursuant to either of said such Sections, then the Guarantor shall file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports it would that may be required to deliver pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations. The ; notwithstanding anything to the contrary herein, the Trustee agrees that shall have no duty to review such documents for the purposes of determining compliance with any quarterly or annual report or other provision of this Indenture; and (b) transmit by mail to all Holders, as their names and addresses appear in the register kept by the Registrar, within 30 days after the filing thereof with the Trustee, such summaries of any information, document or other report documents and reports required to be filed by the Guarantor pursuant to Section 4.4(a) as may be required by the rules and regulations prescribed from time to time by the Commission; provided, however, that the Issuer and/or the Guarantor files will be deemed to have furnished such information, documents and reports to Holders if it has filed such information, documents and reports with the Commission pursuant to Section 13 or 15(d) of the Exchange Act on using the Commission’s Electronic Data Gathering, Analysis and Retrieval System (or any successor system, “▇▇▇▇▇ ▇”) filing system shall be deemed and such information, documents and reports are publicly available via ▇▇▇▇▇. The Guarantor will also make available copies of all reports required by Section 4.4(a), for so long as the Notes are listed on the Official List of Euronext Dublin and admitted for trading on the Global Exchange Market thereof and the rules of Euronext Dublin so require, at the offices of the paying agent in the United Kingdom or, to constitute delivery the extent and in the manner permitted by such rules, post such reports on the official website of Euronext Dublin (▇▇▇.▇▇▇.▇▇). The filing of such filing to the Trustee. Delivery of such reportsinformation, information documents and documents to reports with the Trustee is for informational purposes only and the Trustee’s receipt of such information, documents and reports shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuer’s or the Guarantor’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). The Trustee shall be under no obligation to analyze or make any credit decisions with respect to reports or other information received by it pursuant to this Section, but shall hold such reports and other information solely for the benefit of, and review by, the Securityholders.

Commission Reports. The Issuer and Whether or not required by the Commission, so long as any Notes are outstanding, the Guarantor shall deliver furnish to the TrusteeTrustee and the Holders of Notes, within 15 days after the Issuer and/or time periods specified in the Commission’s rules and regulations: (a) all quarterly and annual reports that would be required to be filed with the Commission on Forms 10-Q and 10-K if the Guarantor is were required to file such reports, including a “Management's Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the same annual information only, a report on the annual financial statements by the Guarantor’s independent registered public accountants; and (b) all current reports that would be required to be filed with the Commission on Form 8-K if the Guarantor were required to file such reports. All such reports shall be prepared in accordance with the rules and regulations of the Commission applicable to such reports. In addition, following the consummation of the merger of a subsidiary of the Guarantor with and into the Company (the “Merger”), whether or not required by the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Issuer and/or the Guarantor is required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Issuer and/or the Guarantor is not required to file information, documents or reports pursuant to either of said Sections, then the Guarantor shall file a copy of all of the information and reports referred to in clauses (a) and (b) above with the Trustee and Commission for public availability within the time periods specified in the Commission, in accordance with 's rules and regulations prescribed from time (unless the Commission will not accept such a filing) and make such information available to time by the Commission, such of the supplementary securities analysts and periodic information, documents and reports it would be required to deliver pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulationsprospective investors upon request. The Trustee agrees that any quarterly or annual report or other information, document or other report that Guarantor’s reporting obligations with respect to clauses (a) and (b) above shall be deemed satisfied in the Issuer and/or event the Guarantor files such reports with the Commission pursuant to Section 13 or 15(d) of the Exchange Act on the Commission’s ▇▇▇▇▇ system shall be deemed (or any successor to constitute delivery ▇▇▇▇▇) and delivers a copy of such filing reports to the Trustee. Delivery If, at any time after consummation of such reportsthe Merger, information and documents the Guarantor is no longer subject to the Trustee is periodic reporting requirements of the Exchange Act for informational purposes only and any reason, the Trustee’s receipt Guarantor shall nevertheless continue filing the reports specified in the preceding paragraphs with the Commission, within the time periods specified above unless the Commission will not accept such a filing. The Guarantor agrees that it will not take any action for the sole purpose of causing the Commission not to accept any such shall filings. If, notwithstanding the foregoing, the Commission will not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuer’s or accept the Guarantor’s compliance with filings for any of its covenants hereunder (as to which reason, the Trustee is entitled to rely exclusively on Officer’s Certificates). The Trustee Guarantor shall be under no obligation to analyze or make any credit decisions with respect to reports or other information received by it pursuant to this Section, but shall hold post such reports and other information solely for on its website within the benefit of, and review by, time periods that would apply if the SecurityholdersGuarantor were required to file those reports with the Commission.” Section 2.04. Amendment of Section 4.04

Commission Reports. (a) The Issuer and the Guarantor shall Company will deliver to the Trustee, Trustee within 15 days after the Issuer and/or the Guarantor is required to file the same it files with the Commission, 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 Commission may from time to time by rules and regulations prescribe) reports, if any, which the Issuer and/or the Guarantor Company is required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Issuer and/or the Guarantor is not required to file information, documents or reports pursuant to either of said Sections, then the Guarantor shall file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports it would be required to deliver pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations. The Trustee agrees that any quarterly or annual report or other information, document or other report that the Issuer and/or the Guarantor files with the Commission pursuant to Section 13 or 15(d) of the Exchange Act on Act. Notwithstanding that the Commission’s ▇▇▇▇▇ system shall Company may not be deemed required to constitute delivery of such filing remain subject to the Trusteereporting requirements of Section 13 or 15(d) of the Exchange Act, the Company (at its own expense) will file with the Commission all information, documents and reports required to be filed with the Commission to the extent permitted, and provide the Trustee and the Holders with such annual reports and such information, documents and other reports specified in Sections 13 and 15(d) of the Exchange Act. Upon qualification of this Indenture under the TIA, the Company shall also comply with the other provisions of TIA (S) 314(a). (b) Regardless of whether the Company is required to furnish such reports to its stockholders pursuant to the Exchange Act, the Company shall cause its consolidated financial statements, comparable to that which would have been required to appear in annual or quarterly reports, to be delivered to the Trustee and the Holders. The Company will also make such reports available to prospective purchasers of the Securities, securities analysts and broker- dealers upon their request. (c) For so long as any of the Securities remain outstanding, the Company will make available to any prospective purchaser of the Securities or beneficial owner of the Securities in connection with any sale thereof the information required by Rule 144A(d)(4) under the Securities Act during any period when the Company is not subject to Section 13 or 15(d) under the Exchange Act. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuer’s or the Guarantor’s Company's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Officers' Certificates). The Trustee shall be under no obligation to analyze or make any credit decisions with respect to reports or other information received by it pursuant to this Section, but shall hold such reports and other information solely for the benefit of, and review by, the Securityholders.

Commission Reports. The Issuer and the Guarantor shall deliver to the Trustee, within 15 days after the Issuer and/or the Guarantor is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Issuer and/or the Guarantor is required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Issuer and/or the Guarantor is not required to file information, documents or reports pursuant to either of said Sections, then the Guarantor Issuer shall file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports it would be required to deliver pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations. The Trustee agrees that any quarterly or annual report or other information, document or other report that the Issuer and/or the Guarantor files with the Commission pursuant to Section 13 or 15(d) of the Exchange Act on the Commission’s ▇▇▇▇▇ system shall be deemed to constitute delivery of such filing to the Trustee. 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 Issuer’s or the Guarantor’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). The Trustee shall be under no obligation to analyze or make any credit decisions with respect to reports or other information received by it pursuant to this Section, but shall hold such reports and other information solely for the benefit of, and review by, the Securityholders.