Common use of Operating Results Announcement Clause in Contracts

Operating Results Announcement. Commencing with the Fiscal Quarter ending June 30, 2021, the Company shall publicly disclose and disseminate (such date, the “Announcement Date”), if any Financial Test has not been satisfied for such Fiscal Quarter or Fiscal Year, as applicable, a statement to that effect no later than the tenth (10th) day after the end of such Fiscal Quarter or Fiscal Year, as applicable, and such announcement shall include a statement to the effect that the Company is (or is not, as applicable) in breach of a Financial Test for such Fiscal Quarter or Fiscal Year, as applicable. On the Announcement Date, the Company shall also provide to the Holder a certification, executed on behalf of the Company by the Chief Financial Officer of the Company, certifying that the Company satisfied the Financial Tests for such Fiscal Quarter if that is the case. If the Company has failed to meet one or more Financial Tests for a Fiscal Quarter (a “Financial Covenant Failure”), on or prior to the Announcement Date, the Company shall provide to the Holders a written certification, executed on behalf of the Company by the Chief Financial Officer of the Company, certifying that such Financial Test(s) has not been met for such Fiscal Quarter (a “Financial Covenant Failure Notice”). Concurrently with the delivery of each Financial Covenant Failure Notice to the Holders, the Company shall also make publicly available (as part of a Quarterly Report on Form 10-Q, Annual Report on Form 10-K or on a Current Report on Form 8-K, or otherwise) the Financial Covenant Failure Notice and the fact that an Event of Default has occurred under the Notes.

Operating Results Announcement. Commencing with the Fiscal Quarter ending June September 30, 20212015, the Company shall publicly disclose and disseminate (such date, the “Announcement Date”), if any Financial Test has not been satisfied ) its operating results (the “Operating Results”) (x) for such each of the first three Fiscal Quarter or Fiscal Year, as applicable, a statement to that effect Quarters of each fiscal year no later than the tenth forty-fifth (10th45th) day after the end of such Fiscal Quarter or and (y) for the fourth Fiscal Quarter of each Fiscal Year, as applicableno later than the ninetieth (90th) day after the end of such Fiscal Year, and in the event the Company shall have satisfied the Financial Tests such announcement shall include a statement to the effect that the Company is (or is not, as applicable) not in breach of a the Financial Test Tests for such Fiscal Quarter or Fiscal Year, as applicableQuarter. On the Announcement Date, the Company shall also provide to the Holder Holders a certification, executed on behalf of the Company by the Chief Financial Officer of the Company, certifying that the Company satisfied the Financial Tests for such Fiscal Quarter if that is the caseQuarter. If the Company has failed to meet one or more any Financial Tests Test for a such Fiscal Quarter (a “Financial Covenant Failure”), on or prior to the Announcement Date, foregoing written certification that the Company shall provide provides to the Holders a written certification, executed on behalf of the Company by the Chief shall also state each Financial Officer of the Company, certifying Test that such Financial Test(s) has not been met for such Fiscal Quarter (a “Financial Covenant Failure Notice”). Concurrently with the delivery of each Financial Covenant Failure Notice to the Holders, the Company shall also make publicly available (as part of a Quarterly Report on Form 10-Q, Annual Report on Form 10-K or on a Current Report on Form 8-K, or otherwise) the Operating Results, the Financial Covenant Failure Notice and the fact that an Event of Default has occurred under the Notes.

Operating Results Announcement. Commencing with the Fiscal Quarter ending June 30March 31, 20212008, the Company shall publicly disclose and disseminate (such date, the “Announcement Date”), if any Financial Test has not been satisfied ) its operating results (the “Operating Results”) (x) for such each of the first three Fiscal Quarter or Fiscal Year, as applicable, a statement to that effect Quarters of each fiscal year no later than the tenth forty-fifth (10th45th) day after the end of such Fiscal Quarter and (y) for the fourth Fiscal Quarter of each Fiscal Year, no later than the ninetieth (90th) day after the end of such Fiscal Year, and in the event the Company shall have satisfied the Financial Tests required to be met in such Fiscal Quarter or after such Fiscal Year, as applicable, and such announcement shall include a statement to the effect that the Company is (or is not, as applicable) not in breach of a the Financial Test for Tests required to be met in such Fiscal Quarter or Fiscal Year, as applicable. On the Announcement Date, the Company shall also provide to the Holder Holders a certification, executed on behalf of the Company by the Chief Financial Officer of the Company, certifying that the Company satisfied the Financial Tests for required to be met in such Fiscal Quarter if that is the caseor Fiscal Year, as applicable. If the Company has failed to meet one or more any Financial Tests Test for a such Fiscal Quarter or Fiscal Year (a “Financial Covenant Failure”), on or prior to the Announcement Date, foregoing written certification that the Company shall provide provides to the Holders a written certification, executed on behalf of the Company by the Chief shall also state each Financial Officer of the Company, certifying Test that such Financial Test(s) has not been met for such Fiscal Quarter (a “Financial Covenant Failure Notice”). Concurrently with the delivery of each Financial Covenant Failure Notice to the Holders, the Company shall also make publicly available (as part of a Quarterly Report on Form 10-Q, Annual Report on Form 10-K or on a Current Report on Form 8-K, or otherwise) the Operating Results, the Financial Covenant Failure Notice and the fact that an Event of Default has occurred under the Notes.

Operating Results Announcement. Commencing with the Fiscal Quarter ending commencing on June 30, 20212020, the Company shall publicly disclose and disseminate (such date, the “Announcement Date”), if any Financial the Available Cash Test has not been satisfied for such Fiscal Quarter or Fiscal Year, as applicable, a statement to that effect no later than the tenth (10th) day after the end of such Fiscal Quarter or Fiscal Year, as applicable, and such announcement shall include a statement to the effect that the Company is (or is not, as applicable) in breach of a Financial the Available Cash Test for such Fiscal Quarter or Fiscal Year, as applicable. On the Announcement Date, the Company shall also provide to the Holder Holders a certification, executed on behalf of the Company by the Chief Financial Officer of the Company, certifying that the Company satisfied the Financial Available Cash Tests for such Fiscal Quarter if that is the case. If the Company has failed to meet one or more Financial Tests the Available Cash Test for a such Fiscal Quarter (a “Financial Covenant Failure”), on or prior to the Announcement Date, foregoing written certification that the Company shall provide provides to the Holders a written certification, executed on behalf of shall also state the Company by the Chief Financial Officer of the Company, certifying that such Financial Test(s) Available Cash Test has not been met for such Fiscal Quarter (a “Financial Covenant Failure Notice”). Concurrently with the delivery of each Financial Covenant Failure Notice to the Holders, the Company shall also make publicly available (as part of a Quarterly Report on Form 10-Q, Annual Report on Form 10-K or on a Current Report on Form 8-K, or otherwise) the Financial Covenant Failure Notice and the fact that an Event of Default has occurred under the Notes.

Operating Results Announcement. Commencing with on the Fiscal Quarter ending June 30, 2021initial Covenant Measuring Date, the Company shall publicly disclose and disseminate (such date, the “Announcement Date”), if any Financial Test has not been satisfied for such Fiscal Quarter or Fiscal Year, as applicable, a statement to that effect no later than the tenth (10th) day after the end of such Fiscal Quarter or Fiscal Year, as applicable, and such announcement shall include a statement to the effect that the Company is (or is not, as applicable) in breach of a Financial Test for such Fiscal Quarter or Fiscal Year, as applicable. On the Announcement Date, the Company shall also provide to the Holder a certification, executed on behalf of the Company by the Chief Financial Officer of the Company, certifying that the Company satisfied the Financial Tests for such Fiscal Quarter or Fiscal Year, as applicable, if that is the case. If the Company has failed to meet one or more Financial Tests for a Fiscal Quarter or Fiscal Year, as applicable, (each a “Financial Covenant Failure”), on or prior to the Announcement Date, the Company shall provide to the Holders a written certification, executed on behalf of the Company by the Chief Financial Officer of the Company, certifying that such Financial Test(s) has not been met for such Fiscal Quarter or Fiscal Year, as applicable (a “Financial Covenant Failure Notice”). Concurrently with the delivery of each Financial Covenant Failure Notice to the Holders, the Company shall also make publicly available (as part of a Quarterly Report on Form 10-Q, Annual Report on Form 10-K or on a Current Report on Form 8-K, or otherwise) the Financial Covenant Failure Notice and the fact that an Event of Default has occurred under the Notes.