Common use of Provision of Financial Information Clause in Contracts

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Exchange Act, the Company shall, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Exchange Act, the Company shall, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which that the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of after each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which that the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which that the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections Sections. If filing the foregoing reports and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, the Company shall promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Securities Exchange ActAct of 1934, as amended, the Company shallwill, to the extent permitted under the Securities Exchange ActAct of 1934, as amended, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) (the "Financial Statements") if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, Holders copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934, as amended, if the Company were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934, as amended, if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Securities Exchange ActAct of 1934, as amended, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. Whether or not the Company Corporation is subject to Section 13 or Section 15(d) of the Exchange Act, the Company shallCorporation will, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which that the Company Corporation would have been required to file with the Commission pursuant to such Section 13 or Section 15(d) of the Exchange Act (the “Financial Statements”) if the Company Corporation were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company Corporation would have been required so to file such documents if the Company Corporation were so subject. The Company shall Corporation will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which that the Company Corporation would have been required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act if the Company Corporation were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which that the Company Corporation would have been required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act if the Company Corporation were subject to such Sections and (y) if filing such documents by the Company Corporation with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. Whether or not the Company Allied is required to be subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to (or Allied for so long as the extent permitted under the Exchange Act, Company is a Wholly-Owned Subsidiary of Allied) shall file with the Commission the annual reports, quarterly reports and other documents which the Company (or Allied for so long as the Company is a Wholly-Owned Subsidiary of Allied) would have been required to file with the Commission pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company (or Allied for so long as the Company is a Wholly-Owned Subsidiary of Allied) were so subjectrequired, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”"REQUIRED FILING DATES") by which the Company would have been required so to file such documents if the Company were so subjectrequired. The Company shall also in any event event: (xa) within 15 days of each Required Filing Date (i) if file with the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, Trustee copies of the annual reports, quarterly reports and quarterly reports other documents which the Company (or Allied for so long as the Company is a Wholly-Owned Subsidiary of Allied) filed with the Commission pursuant to such Section 13(a) or 15(d) or any successor provisions thereto or would have been required to file with the Commission pursuant to such Section 13 13(a) or 15(d) of the Exchange Act or any successor provisions thereto if the Company (or Allied for so long as the Company is a Wholly-Owned Subsidiary of Allied) were subject required to comply with such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (yb) if filing such documents by the Company (or Allied for so long as the Company is a Wholly-Owned Subsidiary of Allied) with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. Whether The Parent shall, so long as any Notes are outstanding, deliver to the Trustee within 15 days after it files them with the SEC copies of the annual reports and of the information, documents and other reports (or not copies of such portions of any of the Company foregoing as the SEC may by rules and regulations prescribe) which the Parent is subject required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act. For so long as the Notes are outstanding, if at any time the Parent is not subject to the periodic reporting requirements of the Exchange Act for any reason, the Company shallParent will, at its option, either (1) post on a publicly available website, (2) post on IntraLinks or any comparable password protected online data system requiring user identification and a confidentiality acknowledgement (a “Confidential Datasite”) or (3) deliver to the extent permitted under Trustee and the Exchange ActHolders of the Notes, file with in each case, within 15 days of the Commission filing date that would be applicable to a non-accelerated filer at that time pursuant to applicable SEC rules and regulations, the quarterly and audited annual reports, quarterly reports financial statements and other documents which the Company accompanying “Management’s Discussion and Analysis of Financial Condition and Results of Operations” that would have been required to file with be contained in annual reports on Form 10-K and quarterly reports on Form 10-Q, respectively, had the Commission pursuant Parent been subject to such Section 13 Exchange Act reporting requirements. The Trustee shall have no obligation to determine whether or 15(d) if not such reports, information, statements or documents have been filed, posted or delivered. If the Company were so subjectParent elects to furnish such reports via a Confidential Datasite, such access to the Confidential Datasite will be provided upon request to Holders, beneficial owners of and bona fide potential investors in the Notes. Reports, information and documents to be filed with the Commission on or prior SEC via the XXXXX system will be deemed to be delivered to the respective dates (Trustee as of the “Required Filing Dates”) by which time of such filing via XXXXX for purposes of this Section 6.5; provided, however, that the Company would Trustee shall have no obligation whatsoever to determine whether or not such information, documents or reports have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holderfiled via XXXXX. 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 or actual notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder relating to the Notes (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. Whether or not the Company is subject to Section 13 or Section 15(d) of the Exchange Act, the Company shallwill, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which that the Company would have been required to file with the Commission pursuant to such Section 13 or Section 15(d) of the Exchange Act (the "Financial Statements") if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall will also in any event (x) within 15 days of not later than the 15th day following each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which that the Company would have been required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which that the Company would have been required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. Whether or not we or the Company Guarantor is subject to Section 13 or 15(d) of the Exchange Act, the Company shallGuarantor will, to the extent permitted under the Exchange Act, file with the Commission SEC the annual reports, quarterly reports and other documents which that the Company Guarantor would have been required to file with the Commission SEC pursuant to such Section 13 or 15(d) (the “Financial Statements”) if the Company Guarantor were so subject, such documents to be filed with the Commission SEC on or prior to the respective dates (the “Required Filing Dates”) by which the Company Guarantor would have been required so to file such documents if the Company Guarantor were so subject. The Company shall Guarantor will also in any event (x1) within 15 days of each Required Filing Date (ia) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail or electronic transmittal to all Holders, as their names and addresses appear in the Security Registersecurity register, without cost to such Holders, copies of the annual reports, quarterly reports and quarterly reports which other documents that the Company Guarantor is required to file or would have been required to file with the Commission SEC pursuant to Section 13 or 15(d) of the Exchange Act if the Company Guarantor were subject to such Sectionssections, and (iib) file with furnish to the Trustee copies of annual reports, quarterly reports and other documents which that the Company Guarantor would have been required to file with the Commission SEC pursuant to Section 13 or 15(d) of the Exchange Act if the Company Guarantor were subject to such Sections sections; provided that the foregoing transmittal and furnishing requirements will be deemed satisfied if the foregoing reports and documents are available on the SEC’s XXXXX system or on the Guarantor’s website within the applicable time period specified above, and (y2) if filing such documents by the Company Guarantor with the Commission SEC is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s our compliance with any of its the covenants hereunder thereunder (as to which the Trustee is entitled to rely exclusively conclusively on Officers’ Certificatesan Officer’s Certificate). The Trustee shall have no liability or responsibility for the filing, timeliness or content of any such report.

Provision of Financial Information. Whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission SEC (if permitted by SEC practice and applicable law and regulations) the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subjectrequired, such documents to be filed with the Commission SEC on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subjectrequired; provided, however, that until the Company is subject to Section 13(a) or Section 15(d) of the Exchange Act or any successor provisions thereto, the Required Filing Dates for such quarterly reports shall be 75 days following the end of the applicable fiscal quarter. The Company shall also in any event (xa) within 15 days of each Required Filing Date (whether or not permitted or required to be filed with the SEC but subject to the proviso in the previous sentence) (i) if the Company is not then subject transmit (or cause to Section 13 or 15(dbe transmitted) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security RegisterNote register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been is required to file with the Commission SEC pursuant to Section 13 or 15(d) the preceding sentence, or, if such filing is not so permitted, information and data of the Exchange Act if the Company were subject to such Sections a similar nature, and (yb) if if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission SEC is not permitted under the Exchange Actby SEC practice or applicable law or regulations, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any Holder. In addition, for so long as any Securities remain outstanding, the Company will furnish to the Holders and to securities analysts and prospective Holderinvestors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, and, to any beneficial holder of Securities, if not obtainable from the SEC, information of the type that would be filed with the SEC pursuant to the foregoing provisions, upon the request of any such holder. 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 Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ ' Certificates).

Provision of Financial Information. Whether or not If the Company or a Guarantor is subject required to file annual and quarterly reports and other documents with the Commission pursuant to Section 13 or 15(d) of the Exchange Act, the Company shall, to the extent permitted under the Exchange Act, or such Guarantor will (i) file with the Commission the annual reports, quarterly such reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been or such Guarantor is required so to file such documents if the Company were so subject. The Company shall also in any event documents, (xii) within 15 days after being required to file the same with the Commission, deliver such reports and documents with the Trustee, and (iii) within 15 days after being required to file the same with the Commission, transmit a copy of each Required Filing Date such reports and document (iexclusive of exhibits) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of . If the Company or a Guarantor is not required to file annual reports and quarterly reports and other documents with the Commission pursuant to either of such provisions, the Company or such Guarantor will, within 15 days of the date by which the Company would have been required to file the same with the Commission pursuant if it were so required, (i) deliver to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies a document containing substantially the same kind of annual reports, quarterly reports and other documents which information as the Company would have been required to file include in each annual and quarterly report filed with the Commission pursuant if it were so required and (ii) transmit a copy of each document required to Section 13 or 15(dbe delivered to the Trustee (exclusive of exhibits) of by mail to all Holders, as their names and addresses appear in the Exchange Act Security Register, without cost to such Holders. Notwithstanding the foregoing, if the Company were subject or a Guarantor is not required to such Sections file annual or quarterly reports and (y) if filing such other documents by the Company with the Commission because information about the Company or the Guarantor is not permitted under contained in the Exchange Actannual and quarterly reports and other documents filed by another entity with the Commission, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery of such reports, information and documents delivery to the Trustee is for informational purposes only of the annual and quarterly reports and other documents filed by such entity with the Commission and the Trustee’s receipt transmittal by mail to all Holders of each annual and quarterly report filed with the Commission by such entity within the time periods set forth in the preceding sentence shall not constitute constructive notice be deemed to satisfy the obligations of any the Company or the Guarantor to provide financial information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)under this Section 1010.

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Exchange Act, the Company shallwill, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (yii) if filing such file with the Trustee copies of annual reports, quarterly reports and other documents by which the Company is required to file with the Commission is not permitted under or would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange ActAct if the Company were subject to such Sections and (y) supply, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery The Trustee shall not be required to examine any of such reports, information the reports and other documents filed therewith pursuant to the Trustee provisions of this Section 2.15 or Section 7.03 of the Senior Indenture in order to determine whether the Company 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 Company’s in compliance with any the provisions of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)Section 2.4 of this Supplemental Indenture.

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Exchange Act, the Company shallwill, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Exchange Act, it will, within 15 days after each of the Company shall, respective dates by which it would have been required to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company it were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”1) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports, quarterly reports and quarterly reports other documents which the Company it would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act Act, if the Company it were subject to such Sections, and (ii2) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company it would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act Act, if the Company were it was subject to such Sections Sections, and (y3) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder; provided that, the foregoing requirements shall be deemed satisfied if the foregoing materials are available on the Commission’s XXXXX system or on the Company’s website within the applicable time period. Delivery The Trustee shall have no liability or responsibility for the filing, timeliness or content of any such reports, documents or information filed by the Company and delivery of such reports, documents or information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice of thereof or any information contained therein therein. Notwithstanding the foregoing, if at any time the Notes are guaranteed by any direct or determinable from information contained therein, including indirect parent company of the Company’s compliance , the Company may satisfy its obligations under this Section 3.1(c) with respect to financial information relating to the Company by furnishing financial information relating to such direct or indirect parent company; provided, however, that the same is accompanied by consolidating information that explains in reasonable detail the differences between the information relating to such direct or indirect parent company and any of its covenants hereunder (as Subsidiaries other than the Company and its Subsidiaries, on the one hand, and the information relating to which the Trustee is entitled to rely exclusively Company and its Subsidiaries on Officers’ Certificates)a standalone basis, on the other hand.

Provision of Financial Information. Whether For so long as the Securities are outstanding, whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission (if permitted by Commission practice and applicable law and regulations) the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if If, notwithstanding the Company is not then subject to Section 13 or 15(d) of the Exchange Actpreceding sentence, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under by Commission practice or applicable law or regulations, the Exchange Act, promptly upon written request Company will transmit (or cause to be transmitted) by mail to the Trustee and payment all Holders of the reasonable cost of duplication Securities, as their names and deliveryaddresses appear in the Securities Register, supply copies of such documents within 30 days after the Required Filing Date. In addition, for so long as any Securities remain outstanding, the Company will furnish to the Holders of Securities and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, and, to any prospective Holder. Delivery beneficial Holder of such reportsSecurities, if not obtainable from the Commission, information and documents of the type that would be filed with the Commission pursuant to the Trustee is for informational purposes only and foregoing provisions upon the Trustee’s receipt of such shall not constitute constructive notice request of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)such Holder.

Provision of Financial Information. Whether or not the Company is required to be subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to for so long as any of the extent permitted under the Exchange ActSecurities remain outstanding, file with the Commission and the Trustee (i) the annual reports, quarterly reports and other documents and reports which the Company would have been required to file with (and in such form as required by) the Commission pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subjectrequired, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subjectrequired and (ii) an English translation of the unaudited quarterly consolidated financial statements of the Company (the "Quarterly Financial Statements") for each of the first three fiscal quarters of its fiscal year, in each case as soon as practicable after the close of the relevant quarter (each such date, a "Quarterly Filing Date"). The Company shall also in any event (xa) within 15 days of each Required Filing Date (i) if or Quarterly Filing Date, as applicable, request that the Company is not then subject to Section 13 or 15(d) of the Exchange Act, Trustee transmit by mail to all Holders, as their names and addresses appear in the Security Registernote register, without cost to such Holders, copies (sufficient numbers of which will be furnished by the Company to the Trustee) of the annual reports and quarterly other documents and reports which the Company would have been is required to file with the Commission pursuant to Section 13 13(a) or 15(d) of the Exchange Act if or the Company were subject to such SectionsQuarterly Financial Statements, as the case may be, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (yb) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. Whether or not the Company Allied is required to be subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to (or Allied for so long as the extent permitted under the Exchange Act, Company is a Wholly-Owned Subsidiary of Allied) shall file with the Commission the annual reports, quarterly reports and other documents which the Company (or Allied for so long as the Company is a Wholly-Owned Subsidiary of Allied) would have been required to file with the Commission pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company (or Allied for so long as the Company is a Wholly-Owned Subsidiary of Allied) were so subjectrequired, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subjectrequired. The Company shall also in any event event: (xa) within 15 days of each Required Filing Date (i) if file with the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, Trustee copies of the annual reports, quarterly reports and quarterly reports other documents which the Company (or Allied for so long as the Company is a Wholly-Owned Subsidiary of Allied) filed with the Commission pursuant to such Section 13(a) or 15(d) or any successor provisions thereto or would have been required to file with the Commission pursuant to such Section 13 13(a) or 15(d) of the Exchange Act or any successor provisions thereto if the Company (or Allied for so long as the Company is a Wholly-Owned Subsidiary of Allied) were subject required to comply with such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (yb) if filing such documents by the Company (or Allied for so long as the Company is a Wholly-Owned Subsidiary of Allied) with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. Whether For so long as the Securities are outstanding, whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission (if permitted by Commission practice and applicable law and regulations) the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if If, notwithstanding the Company is not then subject to Section 13 or 15(d) of the Exchange Actpreceding sentence, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under by Commission practice or applicable law or regulations, the Exchange Act, promptly upon written request Company will transmit (or cause to be transmitted) by mail to the Trustee and payment all Holders of the reasonable cost of duplication Securities, as their names and deliveryaddresses appear in the Securities Register, supply copies of such documents within 15 days after the Required Filing Date. In addition, for so long as any Securities remain outstanding, the Company will furnish to the Holders of Securities and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, and, to any prospective Holder. Delivery beneficial Holder of such reportsSecurities, if not obtainable from the Commission, information and documents of the type that would be filed with the Commission pursuant to the Trustee is for informational purposes only and foregoing provisions upon the Trustee’s receipt of such shall not constitute constructive notice request of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)such Holder.

Provision of Financial Information. Whether For so long as the Securities are outstanding, whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission (if permitted by Commission practice and applicable law and regulations) the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of after each Required Filing Date (iwhether or not permitted or required to be filed with the Commission) if file with the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such HoldersTrustee, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been be required to file with the Commission pursuant to Section 13 or 15(d) of if the Securities were then registered under the Exchange Act and to make such information available to Holders of Securities upon request. In addition, if the Company were is not subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under reporting requirements of the Exchange Act, promptly upon written request and payment of for so long as any Securities remain outstanding, the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery of such reports, information and documents Company will furnish to the Trustee is for informational purposes only Holders of Securities and prospective investors, upon their request, the Trustee’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including required to be delivered pursuant to Rule 144A(d)(4) under the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)Securities Act.

Provision of Financial Information. Whether or not the Company is or the Parent Guarantor are subject to Section 13 or 15(d) of the Exchange Act, the Company shalland the Parent Guarantor will, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company and the Parent Guarantor would have been required to file with the Commission pursuant to such Section 13 or 15(d) (the “Financial Statements”) if the Company and the Parent Guarantor were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company and the Parent Guarantor would have been required so to file such documents if the Company and the Parent Guarantor were so subject. The Company shall and the Parent Guarantor will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail or electronic transmittal to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company and the Parent Guarantor are required to file or would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company and the Parent Guarantor were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company and the Parent Guarantor would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company and the Parent Guarantor were subject to such Sections Sections, provided that any such information, documents or reports electronically filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be deemed filed with, and delivered to, the Trustee and transmitted to the Holders at the same time as filed with the Commission and (y) if filing such documents by the Company or the Parent Guarantor with the Commission is not permitted under the Exchange Act, in the event it has not made such reports publicly available on its website, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery of such reports, information 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 Company’s or Parent Guarantor’s (if applicable) compliance with any of its covenants hereunder (as to which the Trustee is entitled to conclusively rely exclusively on Officers’ Certificates). For avoidance of doubt, the Company shall have no obligation to provide its separate financial information pursuant to this Section 1009 to the extent that it is otherwise exempt from the requirements of Section 13(a) or 15(d) of the Exchange Act, whether pursuant to Rule 12h-5 under the Exchange Act, any successor thereto or otherwise.

Provision of Financial Information. Whether or not the Company Issuer is subject to Section 13 or 15(d) of the Exchange ActAct and for so long as any Securities are outstanding, the Company shallIssuer will, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company Issuer would have been required to file with the Commission pursuant to such Section 13 or 15(d) (the "Financial Statements") if the Company Issuer were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company Issuer would have been required so to file such documents if the Company Issuer were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) In addition, if the Company Issuer is not then subject no longer required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act, the Issuer will also in any event (x) within 15 days after each Required Filing Date (i) transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, Holders copies of the annual reports and quarterly reports which the Company Issuer would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Issuer were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company Issuer would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Issuer were subject to such Sections and (y) if filing such documents by the Company Issuer with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Exchange Act, the Company shall, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. Whether For as long as the Notes are outstanding, each of XX Xxxxx, the Issuer and the Operating Partnership will file with the Trustee, within 15 days after such entity is required to file the same with the SEC, 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 SEC may from time to time by rules and regulations prescribe) that such entity may be required to file with the SEC pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if such entity is not required to file information, documents or reports pursuant to either of such sections, such entity will file with the Company Trustee and the SEC, in accordance with any other rules and regulations that may be prescribed from time to time by the SEC, such of the supplementary and periodic information, documents and reports that may be required pursuant to Section 13 of the Exchange Act, in respect of a security listed on a national securities exchange as may be prescribed from time to time in such rules and regulations. In addition to the foregoing, for as long as the Notes are outstanding, if at any time the Issuer is not subject to Section 13 or 15(d) of the Exchange ActAct and providing reports pursuant to the previous paragraph, the Company shallIssuer will, at its option, either (i) post on a publicly available website or (ii) post on IntraLinks or any comparable password protected online data system requiring user identification and a confidentiality acknowledgement (a “Confidential Datasite”), within 15 days of the filing date that would be applicable to a non-accelerated filer at that time pursuant to applicable SEC rules and regulations, the extent permitted under the Exchange Act, file with the Commission the quarterly and audited annual reports, financial statements and accompanying Item 303 of Regulation S-K disclosure (“management’s discussion and analysis of financial condition and results of operations”) that would be required to be contained in annual reports on Form 10-K and quarterly reports and other documents which the Company would have been on Form 10-Q, respectively, required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents SEC if the Company Issuer were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 13(a) or 15(d) of the Exchange Act. If XX Xxxxx OP elects to furnish such reports via a Confidential Datasite, transmit by mail access to all the Confidential Datasite will be provided upon request to Holders, as their names beneficial owners of and addresses appear bona fide potential investors in the Security Registernotes as well as securities analysts and market makers. Any such report, without cost information or document that XX Xxxxx, the Issuer or the Operating Partnership files with or furnish to such Holders, copies of the annual reports and quarterly reports which SEC through the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file SEC’s XXXXX database will be deemed filed with the Trustee copies of annual reports, quarterly reports and other documents which for these purposes at the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies time of such documents to any prospective Holder. Delivery of such reports, information and documents to filing or furnishing through the Trustee is for informational purposes only and the TrusteeSEC’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)XXXXX database.

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Exchange Act, the Company shallwill, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) (the “Financial Statements”) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall and the Guarantor will, for so long as any of the Initial Notes are outstanding, furnish to Holders of the Initial Notes and to security analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) of the Securities Act. The Company will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, Holders copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. In addition to the covenants set forth in Article TEN of the Base Indenture, there are established pursuant to Section 901(2) of the Base Indenture the following covenants for the benefit of the Holders of Securities issued on or after the date of this Supplemental Indenture (which additional covenants shall replace and apply in lieu of the covenants set forth in Section 2.2 of the Second Supplemental Indenture), unless otherwise provided in the Officers’ Certificate or supplemental indenture authorizing any series of such Securities; provided, however, that the covenants set forth in Section 1009 of the Base Indenture (as not amended by the Second Supplemental Indenture or this Supplemental Indenture) shall apply to Securities issued on or after the date hereof only for so long as any Securities issued pursuant to the Base Indenture prior to November 2, 2005 remain outstanding: Whether or not the Company is subject to Section 13 or 15(d) of the Exchange Act, the Company shallwill, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) (the “Financial Statements”) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail or electronic transmittal to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company is required to file or would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. Whether So long as the Notes are outstanding, whether or not the Company is required to be subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission the annual reports, quarterly reports and other documents (including a "Management's Discussion and Analysis of Financial Condition and Results of Operations" and, with respect to the annual information only, a report thereon by the Company's certified independent accountants) which the Company would have been required to file with the Commission pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subjectrequired, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subjectrequired. The Company shall also in any event (xa) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee Trustee, in each case, copies of the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 13(a) or 15(d) of the Exchange Act or any successor provisions thereto if the Company were required to be subject to such Sections and (yb) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery of such reportsIn addition, the Company shall, for so long as any Securities remain outstanding, furnish to all Holders and to securities analysts and prospective investors, upon their request, the information and documents required to be delivered pursuant to Rule 144(d)(4) under 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)Securities Act.

Provision of Financial Information. Whether or not the Company is subject to Section 13 or Section 15(d) of the Exchange Act, the Company shallwill, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which that the Company would have been required to file with the Commission pursuant to such Section 13 or Section 15(d) of the Exchange Act (the "Financial Statements") if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which that the Company would have been required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which that the Company would have been required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. Whether or not the Company it is subject to Section 13 or 15(d) of the Exchange Act, the Company shallCorporation will, to the extent permitted under the Exchange Act, file with the Securities and Exchange Commission (the “SEC”) the annual reports, quarterly reports and other documents which that the Company Corporation would have been required to file with the Commission SEC pursuant to such Section 13 or 15(d) if the Company it were so subject, such documents to be filed with the Commission SEC on or prior to the respective dates (the “Required Filing Dates”) by which the Company Corporation would have been required so to file such documents if the Company it were so subject. The Company shall Corporation will also in any event (x1) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail or electronic transmittal to all Holdersholders, as their names and addresses appear in the Security Registersecurity register, without cost to such Holdersholders, copies of the annual reports, quarterly reports and quarterly reports which other documents that the Company Corporation is required to file or would have been required to file with the Commission SEC pursuant to Section 13 or 15(d) of the Exchange Act if the Company it were subject to such Sectionssections, provided that the foregoing transmittal requirement will be deemed satisfied if the foregoing reports and documents are available on the SEC’s XXXXX system or on the Corporation’s website within the applicable time period specified above, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y2) if filing such documents by the Company with the Commission SEC is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holderholder. Delivery SECOND: The Series A Preferred Stock has been classified and designated by the Board of such reportsDirectors, information or a duly authorized committee thereof, under the authority contained in the Charter and documents to Sections 2-105 and 2-208 of the Trustee is for informational purposes only MGCL. THIRD: These Articles Supplementary have been approved by the Board of Directors, or a duly authorized committee thereof, in the manner and by the Trustee’s receipt of such vote required by law. FOURTH: These Articles Supplementary shall not constitute constructive notice of any information contained therein or determinable from information contained thereinbe effective at [ ] [a][p].m., including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively Eastern Time, on Officers’ Certificates)[ ], 202[ ].

Provision of Financial Information. Whether or not If the Company is subject required to file annual and quarterly reports and other documents with the Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 (the "Exchange Act"), the Company shall, to the extent permitted under the Exchange Act, will file with the Commission the annual reports, quarterly such reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been is required so to file such documents if the Company were so subjectdocuments. The Company shall also in any event (x) within Within 15 days of the required filing date of each Required Filing Date such document, the Company will (i) if deliver a copy of such document to the Company is not then subject to Section 13 or 15(dTrustee and (ii) transmit a copy of the Exchange Act, transmit such document (exclusive of exhibits) by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of . If the Company is not required to file annual reports and quarterly reports and other documents with the Commission pursuant to Section 13 or 15(d) of the Exchange Act, the Company will, on or prior to the date that is 15 days following the date by which the Company would have been required to file each such document with the Commission if it were so required, (i) deliver to the Trustee a document containing substantially the same kind of information as the Company would have been required to include in such document if it were so required and (ii) transmit a copy of the document delivered to the Trustee (exclusive of exhibits) by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders; provided that, if Securities of a series are guaranteed by an entity that (i) is the holder, directly or indirectly, of all of the outstanding capital stock of the Company, and (ii) is required to file annual and quarterly reports and other documents with the Commission pursuant to Section 13 or 15(d) of the Exchange Act, the delivery to the Trustee and transmittal by mail to all Holders of the annual and quarterly reports and other documents filed by such entity with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if within the Company were subject time periods set forth herein shall be deemed to satisfy the Company's obligations to provide financial information under this Indenture with respect to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)Securities.

Provision of Financial Information. Whether or not the Company Guarantor is subject to Section 13 or 15(d) of the Exchange Act, the Company shallGuarantor will, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company Guarantor would have been required to file with the Commission pursuant to such Section 13 or 15(d) (the “Financial Statements”) if the Company Guarantor were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company Guarantor would have been required so to file such documents if the Company Guarantor were so subject. The Company shall Guarantor will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company Guarantor would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Guarantor were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company Guarantor would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Guarantor were subject to such Sections Sections, and (y) if filing such documents by the Company Guarantor with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. For purposes of this Section 1110, any information, documents and other reports filed or furnished on EXXXX or such other system of the Commission or the website of the Guarantor will be deemed to be furnished to the Holders and the Trustee once such information, documents and other reports are so filed on EXXXX or the Commission’s website or the website of the Guarantor. 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 actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the CompanyGuarantor’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. Whether For so long as the Securities are outstanding, whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission (if permitted by Commission practice and applicable law and regulations) the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (xa) within 15 days of after each Required Filing Date (whether or not permitted or required to be filed with the Commission) (i) if the Company is not then subject transmit (or cause to Section 13 or 15(dbe transmitted) of the Exchange Act, transmit by mail to all HoldersHolders of Securities, as their names and addresses appear in the Security RegisterSecurities register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been be required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Securities were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted then registered under the Exchange Act. In addition, promptly for so long as any Securities remain outstanding, the Company will furnish to the Holders of Securities and to securities analysts and prospective investors, upon written request and payment their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, and, to any beneficial holder of Securities, if not obtainable from the Commission, information of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery of such reports, information and documents type that would be filed with the Commission pursuant to the Trustee is for informational purposes only and foregoing provisions upon the Trustee’s receipt of such shall not constitute constructive notice request of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)such Holder.

Provision of Financial Information. Whether or not the Company Issuer is subject to Section 13 or 15(d) of the Exchange Act, during any time that any Notes remain outstanding, the Company shallIssuer will, to the extent permitted under the Exchange Act, file with the Commission SEC the annual reports, quarterly reports and other documents which the Company Issuer would have been required to file with the Commission SEC pursuant to such Section 13 or 15(d) if the Company Issuer were so subjectsubject (the “Financial Information”), such documents to be filed with the Commission SEC on or prior to the respective dates (the “Required Filing Dates”) by which the Company Issuer would have been required so to file such documents if the Company Issuer were so subject; provided, however, that notwithstanding the foregoing, during any period in which the Issuer is not subject to the reporting requirements of Sections 13 or 15(d) of the Exchange Act, the REIT may elect to satisfy the Issuer’s obligations under this section by filing with the SEC the Financial Information required to be filed by the REIT under Sections 13 or 15(d) of the Exchange Act. The Company shall Issuer also will in any event (xunless available on the Commission’s Electronic Data Gathering, Analysis and Retrieval System (or successor system)) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, Financial Information; and (ii) file with the Trustee copies of annual reportsthe Financial Information. If the filing of the Financial Information by the Issuer or the REIT, quarterly reports and other documents which the Company would have been required to file as applicable, with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission SEC is not permitted under the Exchange Act, the Issuer will promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents the Financial Information to any prospective Holder. Delivery of any 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Officer’s Certificates). The Trustee shall have no liability or responsibility for the filing, content or timeliness of any report delivered hereunder (aside from the report required under Section 7.06 hereunder).

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Exchange Act, the Company shallwill, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) (the "Financial Statements") if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall and the Guarantor will, for so long as any of the Initial Notes are outstanding, furnish to Holders of the Initial Notes and to security analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) of the Securities Act. The Company will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, Holders copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. Whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission SEC (if permitted by SEC practice and applicable law and regulations) the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subjectrequired, such documents to be filed with the Commission SEC on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subjectrequired; provided, however, that until the Company is subject to Section 13(a) or Section 15(d) of the Exchange Act or any successor provisions thereto, the Required Filing Dates for such quarterly reports shall be 75 days following the end of the applicable fiscal quarter. The Company shall also in any event (xa) within 15 days of each Required Filing Date (whether or not permitted or required to be filed with the SEC but subject to the proviso in the previous sentence) (i) if the Company is not then subject transmit (or cause to Section 13 or 15(dbe transmitted) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security RegisterNote register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been is required to file with the Commission SEC pursuant to Section 13 or 15(d) the preceding sentence, or, if such filing is not so permitted, information and data of the Exchange Act if the Company were subject to such Sections a similar nature, and (yb) if if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission SEC is not permitted under the Exchange Actby SEC practice or applicable law or regulations, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery In addition, for so long as any Securities remain outstanding, the Company will furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, and, to any beneficial holder of such reportsSecurities, if not obtainable from the SEC, information and documents of 40 -34- the type that would be filed with the SEC pursuant to the Trustee is for informational purposes only and foregoing provisions, upon the Trustee’s receipt of such shall not constitute constructive notice request of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)such holder.

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Exchange Act, the Company shallwill, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, Holders copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. Whether or not For so long as any Securities are outstanding, if the Company is subject to Section 13 13(a) or 15(d) of the Exchange ActAct or any successor provision, the Company shall, shall deliver to the extent permitted under Trustee and the Exchange Act, file with the Commission Holders the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company it is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 13(a) or 15(d) or any successor provision, within 15 days after the date that it files the same with the Commission. If the Company is not subject to Section 13(a) or 15(d) of the Exchange Act or any successor provision, and for so long as any Securities are outstanding, the Company shall deliver to the Trustee and the Holders the quarterly and annual financial statements that would be required to be contained in annual reports on Form 10-K and quarterly reports on Form 10-Q required to be filed with the Commission if the Company were was subject to such Sections, and (iiSection 13(a) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if or any successor provision, within 15 days of the filing date that would be applicable to the Company were subject at that time pursuant to such Sections applicable Commission rules and (y) if filing such regulations. Reports and other documents filed by the Company with the Commission is not permitted under and publicly available via the Exchange Act, promptly upon written request XXXXX system or on the Company’s website will be deemed to be delivered to the Trustee and payment the Holders as of the reasonable cost time such filing is publicly available via XXXXX or on the Company’s website for purposes of duplication and deliverythis Section 1008; provided, supply copies of however, that the Trustee shall have no obligation whatsoever to determine whether or not such information, documents to any prospective Holderor reports have been filed or are publicly available via XXXXX or on the Company’s website. 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 Company’s compliance with any of its covenants hereunder under this Indenture (as to which the Trustee is entitled to rely exclusively on Officers’ Certificatesan Officer’s Certificate).

Provision of Financial Information. Whether or not the Company Guarantor is subject to Section 13 or 15(d) of the Exchange Act, the Company shall, to the extent permitted under the Exchange Act, file with the Commission Guarantor will prepare the annual reports, quarterly reports and other documents within 15 days of each of the respective dates by which the Company Guarantor would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date and will (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail provide to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, Holders copies of the annual reports, quarterly reports and quarterly reports other documents which the Company Guarantor would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Guarantor were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company Guarantor would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Guarantor were subject to such Sections Sections, and (yiii) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. For purposes of this Section 1109, any information, documents and other reports filed or furnished on EXXXX or such other system of the Commission or the website of the Guarantor will be deemed to be furnished to the Holders and the Trustee once such information, documents and other reports are so filed on EXXXX or the Commission’s website or the website of the Guarantor. 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 actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the CompanyGuarantor’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Exchange Act, it will, within fifteen (15) days after each of the Company shall, respective dates by which it would have been required to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company it were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”1) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports reports, quarterly and quarterly reports other reports, financial statements and other documents which the Company it would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act Act, if the Company it were subject to such Sections, and (ii2) file with the Trustee copies of the annual reports, quarterly reports or other reports, financial statements and other documents which the Company it would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act Act, if the Company were it was subject to such Sections Sections, and (y3) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder; provided that, the foregoing requirements shall be deemed satisfied if the foregoing materials are available on the Commission’s XXXXX system or on the Company’s website within the applicable time period. Delivery The Trustee shall have no liability or responsibility for the filing, timeliness or content of any such reports, financial statements, documents or information filed by the Company and delivery of such reports, financial statements, documents or information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice of thereof or any information contained therein therein. Notwithstanding the foregoing, if at any time the Notes are guaranteed by any direct or determinable from information contained therein, including indirect parent company of the Company’s compliance , the Company may satisfy its obligations under this Section 3.1(c) with respect to financial information relating to the Company by furnishing financial information relating to such direct or indirect parent company; provided, however, that the same is accompanied by consolidating information that explains in reasonable detail the differences between the information relating to such direct or indirect parent company and any of its covenants hereunder (as Subsidiaries other than the Company and its Subsidiaries, on the one hand, and the information relating to which the Trustee is entitled to rely exclusively Company and its Subsidiaries on Officers’ Certificates)a standalone basis, on the other hand.

Provision of Financial Information. Whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission SEC (if permitted by SEC practice and applicable law and regulations) the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subject, such documents to be filed with the Commission SEC on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (xa) within 15 days of each Required Filing Date (whether or not permitted or required to be filed with the SEC) (i) if the Company is not then subject transmit (or cause to Section 13 or 15(dbe transmitted) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such SectionsHolders upon their request, and (ii) file with the Trustee Trustee, copies of the annual reports, quarterly reports and other documents proxy statements which the Company would have been is required to file with the Commission SEC pursuant to Section 13 or 15(d) the preceding sentence, or, if such filing is not so permitted, information and data of the Exchange Act if the Company were subject to such Sections a similar nature, and (yb) if if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission SEC is not permitted under the Exchange Actby SEC practice or applicable law or regulations, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery of such reportsIn addition, information for so long as any Securities remain outstanding and documents prior to the Trustee is for informational purposes only later of the consummation of the Exchange Offer and the Trustee’s receipt filing of such shall not constitute constructive notice of any the Initial Shelf Registration Statement, if required, the Company will furnish to the Holders, upon their request, the information contained therein or determinable from information contained therein, including required to be delivered pursuant to Rule 144A(d)(4) under the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)Securities Act.

Provision of Financial Information. Whether or not the Company is Issuers are subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, Issuers shall file with the Commission SEC the annual reports, quarterly reports and other documents which the Company Issuers would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company Issuers were so subjectrequired, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company Issuers would have been required so to file such documents if the Company Issuers were so subjectrequired. The Company Issuers shall also in any event (xa) within 15 days of each Required Filing Date (whether or not permitted or required to file with the SEC) (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holdersholders of Securities, as their names and addresses appear in the Security Registernote register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sectionsholders, and (ii) file with the Trustee Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been Issuers are required to file with the Commission SEC pursuant to Section 13 or 15(d) the preceding sentence or, if such filing is not so permitted, information and data of the Exchange Act if the Company were subject to such Sections a similar nature, and (yb) if if, notwithstanding the preceding sentence, filing such documents by the Company Issuers with the Commission SEC is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery The Issuers shall not be obligated to file any such reports with the SEC if the SEC does not permit such filings for all companies similarly situated other than due to any action or inaction by the Issuers. Notwithstanding the foregoing provisions, this covenant shall be deemed to have been satisfied during the period prior to the effectiveness of the Exchange Offer Registration Statement if the Issuers cause such annual reports, information quarterly reports and other documents to be filed with the Trustee is for informational purposes only and Commission by FVOP if such filings contain substantially the Trustee’s receipt same information that would be required if such documents were filed by the Issuers. The Issuers will also comply with ss. 314(a) of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)TIA.

Provision of Financial Information. Whether or not required by the Company is subject to Section 13 or 15(d) rules and regulations of the Exchange ActCommission, so long as any Notes are outstanding, the Company shall, will furnish to the extent permitted under the Exchange Act, file Holders of Notes (i) all quarterly and annual financial information that would be required to be contained in a filing with the Commission the annual reports, quarterly reports on Forms 10-Q and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) 10-K if the Company were so subjectrequired to file such Forms, such documents including a "Management's Discussion and Analysis of Financial Condition and Results of Operations" that describes the financial condition and results of operations of the Company and its consolidated Subsidiaries and, with respect to the annual information only, a report thereon by the Company's certified independent accountants, and (ii) all current reports that would be required to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents Form 8-K if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file such reports, in each case within the time period specified in the Commission's rules and regulations; provided, -------- however, that no such information or reports shall be required prior to the date ------- on which the exchange offer registration statement is required by the terms of the Registration Rights Agreement to be filed with the Commission. In addition, following the consummation of the exchange offer contemplated by the Registration Rights Agreement, whether or not required by the rules and regulations of the Commission, the Company will file a copy of all such information and reports with the Commission for public availability within the time periods specified in the Commission's rules and regulations (unless the Commission will not accept such a filing) and make such information available to securities analysts and prospective investors upon request. In addition, the Company will, for so long as any Notes remain outstanding, furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Section 13 or 15(dRule 144A(d)(4) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Securities Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. Whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission SEC (if permitted by SEC practice and applicable law and regulations) the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subject, such documents to be filed with the Commission SEC on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (xa) within 15 days of each Required Filing Date (whether or not permitted or required to be filed with the SEC) (i) if the Company is not then subject transmit (or cause to Section 13 or 15(dbe transmitted) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security RegisterNote register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, Holders upon their request and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents proxy statements which the Company would have been is required to file with the Commission SEC pursuant to Section 13 or 15(d) the preceding sentence, or, if such filing is not so permitted, information and data of the Exchange Act if the Company were subject to such Sections a similar nature, and (yb) if if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission SEC is not permitted under the Exchange Actby SEC practice or applicable law or regulations, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery In addition, for so long as any Notes remain outstanding and prior to the later of the consummation of the Exchange Offer and the filing of the Initial Shelf Registration Statement, if required, the Company will furnish to the Holders, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. The Trustee shall not be required to examine any such reportsstatements, information and documents or data other than any accountants statements delivered pursuant to Section 4.4(b) to determine whether the Trustee Company 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 Company’s in compliance with any of its the covenants hereunder (as to which set forth in the Trustee is entitled to rely exclusively on Officers’ Certificates)Indenture.

Provision of Financial Information. Whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission SEC (if permitted by SEC practice and applicable law and regulations) the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subject, such documents to be filed with the Commission SEC on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (xa) within 15 days of each Required Filing Date (i) if the Company is whether or not then subject to Section 13 permitted or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (iiSEC) file with the Trustee and provide by mail to all Holders copies of annual reports, quarterly all reports and other documents which the Company would have been required generally provides to file with the Commission pursuant to Section 13 or 15(d) its stockholders, or, if such filing is not so permitted, information and data of the Exchange Act if the Company were subject to such Sections a similar nature, and (yb) if if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission SEC is not permitted under the Exchange Actby SEC practice or applicable law or regulations, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any Holder. In addition, for so long as any Notes remain outstanding, the Company will furnish to the Holders and to securities analysts and prospective Holderinvestors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, and, to any beneficial holder of Notes, if not obtainable from the SEC, information of the type that would be filed with the SEC pursuant to the foregoing provisions, upon the request of any such holder. 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 Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ ' Certificates).

Provision of Financial Information. Whether or not The Company and the Company is subject to Section 13 or 15(d) of the Exchange Act, the Company shall, to the extent permitted under the Exchange Act, Subsidiary Guarantors shall file with the Commission the annual reportsTrustee (with exhibits) and deliver to each Holder (without exhibits), quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if after it files them with the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such HoldersCommission, copies of the annual reports and quarterly reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) which each of the Company would have been and the Subsidiary Guarantors is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if Act. If the Company were is not subject to such Sectionsthe requirements of Section 13 or 15(d) of the Exchange Act, and (ii) the Company shall nonetheless file with the Commission and the Trustee copies of such annual reports, quarterly reports and such information, documents and other reports as it would file if it were subject to the requirements of Section 13 or 15(d) of the Exchange Act. If filing such reports and documents with the Commission is not accepted by the Commission or is prohibited under the Exchange Act, the Company shall supply at the Company's cost copies of such reports and documents to any holder of Securities promptly upon written request. The Company is obligated to make available, upon request, to any Holder of Securities the information required by Rule 144A(d)(4) under the Securities Act, during any period in which the Company would have been required to file with the Commission pursuant is not subject to Section 13 or 15(d) of the Exchange Act if Act. So long as any Transfer Restricted Securities remain outstanding during any period in which the Company were is not subject to such Sections and (ySection 13 or 15(d) if filing such documents by the Company with the Commission is not permitted under of the Exchange Act, the Company shall furnish to all Holders and prospective purchasers of the Securities designated by the Holders of Transfer Restricted Securities, promptly upon written request and payment their request, the information required to be delivered pursuant to Rule 144A(d)(4) of the reasonable cost Securities Act. The Company and each Subsidiary Guarantor also shall comply with the other provisions of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ CertificatesTIA Section 314(a).

Provision of Financial Information. Whether or not The Company and the Company is subject to Section 13 or 15(d) of the Exchange Act, the Company shall, to the extent permitted under the Exchange Act, Subsidiary Guarantors shall file with the Trustee (with exhibits) and deliver to each Holder (without exhibits), without cost to such Holder, within 15 days after it files them with the Commission the annual reports, quarterly reports and other documents which the Company (or would have been required to file them with the Commission pursuant to if such Section 13 or 15(d) if the Company filing were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holdersrequired), copies of the annual reports and quarterly reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) which each of the Company would have been and the Subsidiary Guarantors is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if Act. If the Company were is not subject to such Sectionsthe requirements of Section 13 or 15(d) of the Exchange Act, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to shall nonetheless file with the Commission pursuant (to the extent such filings are accepted by the Commission) and the Trustee, and deliver to each Holder (without exhibits), without cost to such Holder, copies of such annual reports and such information, documents and other reports as it would file if it were subject to the requirements of Section 13 or 15(d) of the Exchange Act. If filing such reports and documents with the Commission is not accepted by the Commission or is prohibited under the Exchange Act, the Company shall supply at the Company's cost copies of such reports and documents to any Holder of Securities promptly upon written request. The Company is obligated to make available, upon request, to any Holder of Securities the information required by Rule 144A(d)(4) under the Securities Act, during any period in which the Company is not subject to Section 13 or 15(d) of the Exchange Act if Act. So long as any Transfer Restricted Securities remain outstanding during any period in which the Company were is not subject to such Sections and (ySection 13 or 15(d) if filing such documents by the Company with the Commission is not permitted under of the Exchange Act, the Company shall furnish to all Holders and prospective purchasers of the Securities designated by the Holders of Transfer Restricted Securities, promptly upon written request and payment their request, the information required to be delivered pursuant to Rule 144A(d)(4) of the reasonable cost Securities Act. The Company and each Subsidiary Guarantor also shall comply with the other provisions of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ CertificatesTIA Section 314(a).

Provision of Financial Information. Whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission SEC (if permitted by SEC practice and applicable law and regulations) the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subjectrequired, such documents to be filed with the Commission SEC on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subjectrequired. The Company shall also in any event (xa) within 15 days of each Required Filing Date (whether or not permitted or required to be filed with the SEC) (i) if the Company is not then subject transmit (or cause to Section 13 or 15(dbe transmitted) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security RegisterNote register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been is required to file with the Commission SEC pursuant to Section 13 or 15(d) the preceding sentence, or, if such filing is not so permitted, information and data of the Exchange Act if the Company were subject to such Sections a similar nature, and (yb) if if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission SEC is not permitted under the Exchange Actby SEC practice or applicable law or regulations, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery In addition, for so long as any Notes remain outstanding, the Company will furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, and, to any beneficial holder of such reportsNotes, if not obtainable from the SEC, information and documents of the type that would be filed with the SEC pursuant to the Trustee is for informational purposes only and foregoing provisions, upon the Trustee’s receipt of such shall not constitute constructive notice request of any information contained therein or determinable from information contained thereinsuch Holder. Notwithstanding anything to the contrary herein, including the Company’s Trustee shall have no duty to review such documents for purposes of determining compliance with any provisions of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)this Indenture.

Provision of Financial Information. Whether or not the Company is Issuers are subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, Issuers shall file with the Commission SEC the annual reports, quarterly reports and other documents which the Company Issuers would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company Issuers were so subjectrequired, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company Issuers would have --------------------- been required so to file such documents if the Company Issuers were so subjectrequired. The Company Issuers shall also in any event (xa) within 15 days of each Required Filing Date (whether or not permitted or required to file with the SEC) (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holdersholders of Securities, as their names and addresses appear in the Security Registernote register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sectionsholders, and (ii) file with the Trustee Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been Issuers are required to file with the Commission SEC pursuant to Section 13 or 15(d) the preceding sentence or, if such filing is not so permitted, information and data of the Exchange Act if the Company were subject to such Sections a similar nature, and (yb) if if, notwithstanding the preceding sentence, filing such documents by the Company Issuers with the Commission SEC is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery The Issuers shall not be obligated to file any such reports with the SEC if the SEC does not permit such filings for all companies similarly situated other than due to any action or inaction by the Issuers. Notwithstanding the foregoing provisions, this covenant shall be deemed to have been satisfied during the period prior to the effectiveness of the Exchange Offer Registration Statement if the Issuers cause such annual reports, information quarterly reports and other documents to be filed with the Trustee is for informational purposes only and Commission by FVOP if such filings contain substantially the Trustee’s receipt same information that would be required if such documents were filed by the Issuers. The Issuers will also comply with (S)314(a) of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)TIA.

Provision of Financial Information. Whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission SEC (if permitted by SEC practice and applicable law and regulations) the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subjectrequired, such documents to be filed with the Commission SEC on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subjectrequired. The Company shall also in any event (xa) within 15 days of each Required Filing Date (whether or not permitted or required to be filed with the SEC) (i) if the Company is not then subject transmit (or cause to Section 13 or 15(dbe transmitted) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security RegisterSecurities register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been is required to file with the Commission SEC pursuant to Section 13 or 15(d) the preceding sentence, or, if such filing is not so permitted, information and data of the Exchange Act if the Company were subject to such Sections a similar nature, and (yb) if if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission SEC is not permitted under the Exchange Actby SEC practice or applicable law or regulations, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ ' Certificates).

Provision of Financial Information. Whether or not we or the Company Guarantor is subject to Section 13 or 15(d) of the Exchange Act, the Company shallGuarantor will, to the extent permitted under the Exchange Act, file with the Commission SEC the annual reports, quarterly reports and other documents which that the Company Guarantor would have been required to file with the Commission SEC pursuant to such Section 13 or 15(d) (the “Financial Statements”) if the Company Guarantor were so subject, such documents to be filed with the Commission SEC on or prior to the respective dates (the “Required Filing Dates”) by which the Company Guarantor would have been required so to file such documents if the Company Guarantor were so subject. The Company shall Guarantor will also in any event (x1) within 15 days of each Required Filing Date (ia) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail or electronic transmittal to all Holders, as their names and addresses appear in the Security Registersecurity register, without cost to such Holders, copies of the annual reports, quarterly reports and quarterly reports which other documents that the Company Guarantor is required to file or would have been required to file with the Commission SEC pursuant to Section 13 or 15(d) of the Exchange Act if the Company Guarantor were subject to such Sectionssections, and (iib) file with furnish to the Trustee copies of annual reports, quarterly reports and other documents which that the Company Guarantor would have been required to file with the Commission SEC pursuant to Section 13 or 15(d) of the Exchange Act if the Company Guarantor were subject to such Sections sections; provided that the foregoing transmittal and furnishing requirements will be deemed satisfied if the foregoing reports and documents are available on the SEC’s XXXXX system or on the Guarantor’s website within the applicable time period specified above, and (y2) if filing such documents by the Company Guarantor with the Commission SEC is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s our compliance with any of its the covenants hereunder thereunder (as to which the Trustee is entitled to rely exclusively conclusively on Officers’ Certificatesan Officer’s Certificate). The Trustee shall have no liability or responsibility for the filing, timeliness or content of any such report. For so long as any of the Notes remain outstanding and constitute “restricted securities” under Rule 144, the Company will furnish to the Holders and prospective Holders, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act.

Provision of Financial Information. Whether or not the Company is subject NRF and, after it first becomes obligated to Section 13 or 15(d) of file reports under the Exchange Act, the Company shallshall provide the Trustee, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been within 15 days after it is required to file the same with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such HoldersCommission, copies of the annual reports and quarterly information, documents and other reports (or copies of such portions any of the foregoing as the Commission may prescribe) which the Company would have been it is required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act if the Company were subject to such SectionsAct. At any time at which NRF or, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required after it first becomes obligated to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted reports under the Exchange Act, promptly upon written request the Company is not required to file information, documents or reports pursuant to either of those sections, then the Company or NRF shall provide to the Trustee and payment to the Commission such reports as may be prescribed to be filed by it by the Commission at such time. To the extent that the Company or NRF has filed such information with the Commission through the Commission’s XXXXX system, or any successor system employed by the Commission, it shall be deemed to have complied with the requirement of this Section 10.05. At any time at which the Company or either Guarantor is not subject to the reporting requirements of the reasonable cost Exchange Act, it will promptly furnish to the Holders, beneficial owners and prospective purchasers of duplication and deliverythe Securities, supply copies upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act to facilitate the resale of such documents those Securities pursuant to any prospective HolderRule 144A for so long as the Securities are outstanding. 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 actual or constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Officer’s Certificates).

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Exchange ActAct and for so long as any Notes are outstanding, the Company shallwill, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) (the "FINANCIAL STATEMENTS") if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”"REQUIRED FILING DATES") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security RegisterNote register, without cost to such Holders, Holders copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. Whether or not the Company Issuer is subject to Section 13 or 15(d) of the Exchange ActAct and for so long as any Securities are outstanding, the Company shallIssuer will, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company Issuer would have been required to file with the Commission pursuant to such Section 13 or 15(d) (the "Financial Statements") if the Company Issuer were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company Issuer would have been required so to file such documents if the Company Issuer were so subject. The Company shall In addition, if the Issuer is no longer required to file with the Commission pursuant to Section 13 or 150) of Me Exchange Act, the Issuer will also in any event (x) within 15 days of after each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, Holders copies of the annual reports and quarterly reports which the Company Issuer would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Issuer were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company Issuer would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Issuer were subject to such Sections and (y) if filing such documents by the Company Issuer with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).ARTICLE ELEVEN

Provision of Financial Information. Whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission SEC (but only if the SEC accepts such filings) the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) (each, an "Exchange Act Report") or any successor provision thereto if the Company were so subject, such documents to be filed with the Commission SEC on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. If, at any time prior to the consummation of the Exchange Offer when the Company is not subject to such Section 13(a) or 15(d), the information that would be required in an Exchange Act Report is included in a public filing of the Company under the Securities Act at the applicable Required Filing Date, such public filing shall fulfill the filing requirement with the SEC with respect to the applicable Exchange Act Report. The Company shall also in any event (xa) within 15 days of each Required Filing Date (whether or not permitted or required to be filed with the SEC) (i) if the Company is not then subject transmit (or cause to Section 13 or 15(dbe transmitted) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Registerregister, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been is required to file with the Commission SEC pursuant to this Section, or, if such filing is not so permitted (or, prior to the consummation of the Exchange Offer, when the Company is not subject to Section 13 13(a) or 15(d) of the Exchange Act if the Company were subject to such Sections Act), information and data of a similar nature, and (yb) if if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission SEC is not permitted under the Exchange Actby SEC practice or applicable law or regulations, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery of such reportsIn addition, information and documents for so long as any Securities remain outstanding, the Company will furnish to the Trustee is for informational purposes only Holders and prospective investors, upon their request, the Trustee’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including required to be delivered pursuant to Rule 144A(d)(4) under the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)Securities Act.

Provision of Financial Information. Whether or not the Company is or the Parent Guarantor are subject to Section 13 or 15(d) of the Exchange Act, the Company shalland the Parent Guarantor will, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company and the Parent Guarantor would have been required to file with the Commission pursuant to such Section 13 or 15(d) (the “Financial Statements”) if the Company and the Parent Guarantor were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company and the Parent Guarantor would have been required so to file such documents if the Company and the Parent Guarantor were so subject. The Company shall and the Parent Guarantor will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail or electronic transmittal to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company and the Parent Guarantor are required to file or would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company and the Parent Guarantor were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company and the Parent Guarantor would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company and the Parent Guarantor were subject to such Sections and (y) if filing such documents by the Company or the Parent Guarantor with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery For avoidance of such reportsdoubt, the Company shall have no obligation to provide its separate financial information and documents pursuant to this Section 1009 to the Trustee extent that it is for informational purposes only and otherwise exempt from the Trustee’s receipt requirements of such shall not constitute constructive notice Section 13(a) or 15(d) of the Exchange Act, whether pursuant to Rule 12h-5 under the Exchange Act, any information contained therein successor thereto or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)otherwise.

Provision of Financial Information. Whether For so long as the Securities are outstanding, whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission (if permitted by Commission practice and applicable law and regulations) the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if If, notwithstanding the Company is not then subject to Section 13 or 15(d) of the Exchange Actpreceding sentence, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under by Commission practice or applicable law or regulations, the Exchange Act, promptly upon written request Company will transmit (or cause to be transmitted) by mail to the Trustee and payment all holders of the reasonable cost of duplication Securities, as their names and deliveryaddresses appear in the Securities Register, supply copies of such documents within 15 days after the Required Filing Date. In addition, for so long as any Securities remain outstanding, the Company will furnish to the Holders of Securities and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, and, to any prospective Holder. Delivery beneficial holder of such reportsSecurities, if not obtainable from the Commission, information and documents of the type that would be filed with the Commission pursuant to the Trustee is for informational purposes only and foregoing provisions upon the Trustee’s receipt of such shall not constitute constructive notice request of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)such Holder.

Provision of Financial Information. Whether For so long as the Securities are outstanding, whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission (if permitted by Commission practice and applicable law and regulations) the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if If, notwithstanding the Company is not then subject to Section 13 or 15(d) of the Exchange Actpreceding sentence, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under by Commission practice or applicable law or regulations, the Exchange Act, promptly upon written request Company will transmit (or cause to be transmitted) by mail to the Trustee and payment all holders of the reasonable cost of duplication Securities, as their names and deliveryaddresses appear in the Securities Register, supply copies of such documents within 15 days after the Required Filing Date. In addition, for so long as any Securities remain outstanding, the Company will furnish to the Holders of Securities and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, and, to any prospective Holder. Delivery beneficial holder of such reportsSecurities, if not obtainable from the Commission, information and documents of the type that would be filed with the Commission pursuant to the Trustee is for informational purposes only and foregoing provisions upon the Trustee’s receipt of such shall not constitute constructive notice request of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)such Holder.

Provision of Financial Information. Whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission SEC (if permitted by SEC practice and applicable law and regulations) the annual reports, quarterly reports and other documents which that the Company would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subject, such documents to be filed with the Commission SEC on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company Issuers were so subject. The Company shall also in any event (xa) within 15 days of each Required Filing Date (whether or not permitted or required to be filed with the SEC) (i) if the Company is not then subject transmit (or cause to Section 13 or 15(dbe transmitted) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee Trustee, copies of the annual reports, quarterly reports and other documents which that the Company would have been is required to file with the Commission SEC pursuant to Section 13 or 15(d) the preceding sentence, or, if such filing is not so permitted, information and data of the Exchange Act if the Company were subject to such Sections a similar nature, and (yb) if if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission SEC is not permitted under the Exchange Actby SEC practice or applicable law or regulations, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any Holder. In addition, for so long as any Securities remain outstanding, the Company will furnish to the Holders and to securities analysts and prospective Holderinvestors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, and, to any beneficial holder of Securities, if not obtainable from the SEC, information of the type that would be filed with the SEC pursuant to the foregoing provisions, upon the request of any such holder. 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 Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ ' Certificates).

Provision of Financial Information. Whether or not the Company Issuer is subject to Section 13 or 15(d) of the Exchange Act, the Company shallIssuer will, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company Issuer would have been required to file with the Commission pursuant to such Section 13 or 15(d) (the “Financial Statements”) if the Company Issuer were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company Issuer would have been required so to file such documents if the Company Issuer were so subject. The Company shall Issuer will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company Issuer would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Issuer were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company Issuer would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Issuer were subject to such Sections Sections, and (y) if filing such documents by the Company Issuer with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. For purposes of this Section 1110, any information, documents and other reports filed or furnished on EXXXX or such other system of the Commission or the website of the Issuer will be deemed to be furnished to the Holders and the Trustee once such information, documents and other reports are so filed on EXXXX or the Commission’s website or the website of the Issuer. 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 actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the CompanyIssuer’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. Whether The Company shall immediately commence and use its best efforts to register the Securities issued pursuant to the Plan under Section 12 of the Exchange Act within 30 days of the Issue Date or as soon as reasonably possible thereafter. Subsequent to such registration, whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission SEC (if permitted by SEC practice and applicable law and regulations) the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subject, such documents to be filed with the Commission SEC on or prior to the respective dates (the “Required Filing DatesREQUIRED FILING DATES”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (xa) within 15 days of each Required Filing Date (whether or not permitted or required to be filed with the SEC) (i) if the Company is not then subject transmit (or cause to Section 13 or 15(dbe transmitted) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security RegisterNote register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been is required to file with the Commission SEC pursuant to Section 13 or 15(d) the preceding sentence, or, if such filing is not so permitted, information and data of the Exchange Act if the Company were subject to such Sections a similar nature, and (yb) if if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission SEC is not permitted under the Exchange Actby SEC practice or applicable law or regulations, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery Prior to the registration of such reportsthe Securities under Section 12 of the Exchange Act, the Company will provide information and documents similar to that required in the preceding sentence to the Trustee is for informational purposes only and dissemination to the Trustee’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)Holders.

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Exchange Act, the Company shallwill, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to such Section 13 or 15(d) of the Exchange Act), transmit by mail to all HoldersHolders of Notes, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which and other documents that the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, Sections and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which that the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. Whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission (if permitted by Commission practice and applicable law and regulations) pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subjectsubject thereto, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subjectthem. The Company shall also in any event (xa) within 15 days of after each Required Filing Date (i) if the Company is not then subject transmit, or cause to Section 13 or 15(d) of the Exchange Actbe transmitted, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company would have been is required to file with the Commission pursuant to Section 13 or 15(d) the preceding sentence or, if such filing is not so permitted, information of the Exchange Act if the Company were subject to such Sections a similar nature and (yb) if filing such documents by the Company with the Commission is not permitted under the Exchange Actby Commission practice and applicable law and regulations, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery of ; provided, however, that the Company may omit to provide to the Holders any -------- ------- exhibit filed with any such reports, information reports and documents to the Trustee extent the Company determines that such exhibit does not contain information that is material to the Holders. In addition, for informational purposes only so long as any Securities remain outstanding, the Company will furnish to the Holders of Securities and to securities analysts and prospective investors, upon their request, the Trustee’s receipt information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, and, to any beneficial Holder of such shall Securities, if not constitute constructive notice obtainable from the Commission, information of the type that would be filed with the Commission pursuant to the foregoing provisions upon the request of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)such Holder.

Provision of Financial Information. Whether (a) The Company (and the Subsidiary Guarantors, if applicable) shall file with the Commission, within the time periods specified in the Commission’s rules and regulations, to the extent such filings are accepted by the Commission and whether or not the Company has a class of securities registered under the Exchange Act, the annual reports, quarterly reports and other documents that the Company would be required to file if it were subject to Section 13 or 15 of the Exchange Act. The Company (and the Subsidiary Guarantors, if applicable) shall also (a) file with the Trustee (with exhibits), and provide to each Holder of Notes (without exhibits), without cost to such Holder, copies of such reports and documents within 15 days after the date on which the Company (and the Subsidiary Guarantors, if applicable) file such reports and documents with the Commission or the date on which the Company (and the Subsidiary Guarantors, if applicable) would be required to file such reports and documents if the Company were so required and (b) if filing such reports and documents with the Commission is not accepted by the Commission or is prohibited under the Exchange Act, furnish to the Trustee, within the time periods specified in the Commission’s rules and regulations, such reports and documents and supply at its cost copies of such reports and documents (including any exhibits thereto) to any Holder of Securities promptly upon written request given in accordance with Section 13.4 hereof. The Company is obligated to make available, upon request, to any Holder of Notes the information required by Rule 144A(d)(4) under the Securities Act, during any period in which the Company is not subject to Section 13 or 15(d) of the Exchange Act, the Company shall, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. Whether or not the ---------------------------------- Company is subject to Section 13 or 15(d) of the Exchange Act, the Company shallwill, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) (the "Financial Statements") if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, Holders copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. Whether or not the Company Issuer is subject to Section 13 Sections 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, Issuer shall file with the Commission SEC so long as the Securities are outstanding the annual reports, quarterly reports and other periodic reports which the Issuer would have been required to file with the SEC pursuant to such Sections 13(a) or 15(d) or any successor provision thereto if the Issuer was so subject on or prior to the respective dates (the "Required Filing Dates") by which the Issuer would have been required so to file such documents if the Issuer was so subject. The Issuer shall also in any event (a) within 15 days of each Required Filing Date (whether or not permitted or required to file with the SEC) (i) transmit or cause to be transmitted by mail to all holders of Securities, as their names and addresses appear in the register maintained by the Registrar, without cost to such holders, and (ii) file with the Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been Issuer is required to file with the Commission SEC pursuant to the preceding sentence or, if such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company filing is not then subject to Section 13 or 15(d) so permitted, information and data of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sectionsa similar nature, and (iib) file with if, notwithstanding the Trustee copies of annual reportspreceding sentence, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company Issuer with the Commission SEC is not permitted under the Exchange Actby SEC practice or applicable law or regulations, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery The Issuer shall not be obligated to file any such reports with the SEC if the SEC does not permit such filings for all companies similarly situated other than due to any action or inaction by the Issuer. The Issuer will also comply with Section 314(a) of such reportsthe TIA. In addition, information for so long as any of the Securities remain outstanding and documents prior to the Trustee is for informational purposes only later of the consummation of the Exchange Offer and the Trustee’s receipt effectiveness of such the Shelf Registration Statement, if required, the Issuer shall not constitute constructive notice furnish to holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act of any information contained therein or determinable from information contained therein1933, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)amended.

Provision of Financial Information. Whether or not the Company Issuer is subject to Section 13 or 15(d) of the Exchange ActAct and for so long as any Securities are outstanding, the Company shallIssuer will, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company Issuer would have been required to file with the Commission pursuant to such Section 13 or 15(d) (the "Financial Statements") if the Company Issuer were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company Issuer would have been required so to file such documents if the Company Issuer were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) In addition, if the Company Issuer is not then subject no longer required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act, the Issuer will also in any event (x) within 15 days after each Required Filing Date (i) transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, Holders copies of the annual reports and quarterly reports which the Company Issuer would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Issuer were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company Issuer would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Issuer were subject to such Sections and (y) if filing such documents by the Company Issuer with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).ARTICLE ELEVEN

Provision of Financial Information. Whether or not the Company it is subject to Section 13 or 15(d) of the Exchange Act, the Company shallCorporation will, to the extent permitted under the Exchange Act, file with the Securities and Exchange Commission (the “SEC”) the annual reports, quarterly reports and other documents which that the Company Corporation would have been required to file with the Commission SEC pursuant to such Section 13 or 15(d) if the Company it were so subject, such documents to be filed with the Commission SEC on or prior to the respective dates (the “Required Filing Dates”) by which the Company Corporation would have been required so to file such documents if the Company it were so subject. The Company shall Corporation will also in any event (x1) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail or electronic transmittal to all Holdersholders, as their names and addresses appear in the Security Registersecurity register, without cost to such Holdersholders, copies of the annual reports, quarterly reports and quarterly reports which other documents that the Company Corporation is required to file or would have been required to file with the Commission SEC pursuant to Section 13 or 15(d) of the Exchange Act if the Company it were subject to such Sectionssections, provided that the foregoing transmittal requirement will be deemed satisfied if the foregoing reports and documents are available on the SEC’s EXXXX system or on the Corporation’s website within the applicable time period specified above, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y2) if filing such documents by the Company with the Commission SEC is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holderholder. Delivery SECOND: The Series A Preferred Stock has been classified and designated by the Board of such reportsDirectors, information or a duly authorized committee thereof, under the authority contained in the Charter and documents to Sections 2-105 and 2-208 of the Trustee is for informational purposes only MGCL. THIRD: These Articles Supplementary have been approved by the Board of Directors, or a duly authorized committee thereof, in the manner and by the Trustee’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)vote required by law.

Provision of Financial Information. Whether or not the ---------------------------------- Company is subject to Section 13 or 15(d) of the Securities Exchange ActAct of 1934, the Company shallwill, to the extent permitted under the Securities Exchange ActAct of 1934, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) (the "Financial Statements") if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, Holders copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 if the Company were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Securities Exchange ActAct of 1934, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Exchange Act, the Company shallwill, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports, quarterly reports and quarterly reports other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, Sections and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Actsupply, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery The Trustee shall not be required to examine any of such reports, information the reports and other documents filed therewith pursuant to the Trustee provisions of this Section 2.10 or Section 7.03 of the Senior Indenture in order to determine whether the Company 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 Company’s in compliance with any the provisions of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)Section 2.4 of this Supplemental Indenture.

Provision of Financial Information. Whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission SEC if permitted by SEC practice and applicable law and regulations, so long as any Securities remain outstanding, the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) (each, an "Exchange Act Report") or any successor provision thereto if the Company were so subject, such documents to be filed with the Commission SEC on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (xa) within 15 days of each Required Filing Date (whether or not permitted or required to be filed with the SEC) (i) if the Company is not then subject transmit (or cause to Section 13 or 15(dbe transmitted) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Registerregister, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee Trustee, copies of the annual reports, quarterly reports and other documents (without exhibits) which the Company would have been is required to file with the Commission SEC pursuant to the preceding sentence, or, if such filing is not so permitted (or, prior to the consummation of the Exchange Offer, when the Company is not subject to Section 13 13(d) or 15(d) of the Exchange Act if the Company were subject to such Sections Act), information and data of a similar nature, and (yb) if if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission SEC is not permitted under the Exchange Actby SEC practice or applicable law or regulations, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery In addition, for so long as any Securities remain outstanding, until the completion of such reportsthe Exchange Offer or the effectiveness of a Shelf Regis- tration Statement, as the case may be, the Company will furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, and, to any beneficial holder of Securities, if not obtainable from the SEC, information and documents of the type that would be filed with the SEC pursuant to the Trustee is for informational purposes only and foregoing provisions, upon the Trustee’s receipt of such shall not constitute constructive notice request of any information contained therein or determinable from information contained therein, including such holder. The Company shall also comply with 'SS' 314(a) of the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)TIA.

Provision of Financial Information. Whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission SEC (if permitted by SEC practice and applicable law and regulations) the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subject, such documents to be filed with the Commission SEC on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to ---------------------- file such documents if the Company were so subject. The Company shall also in any event (xa) within 15 days of each Required Filing Date (whether or not permitted or required to be filed with the SEC) (i) if the Company is not then subject transmit (or cause to Section 13 or 15(dbe transmitted) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Registerregister, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such SectionsHolders upon their request, and (ii) file with the Trustee Trustee, copies of the annual reports, quarterly reports and other documents proxy statements which the Company would have been is required to file with the Commission SEC pursuant to Section 13 or 15(d) the preceding sentence, or, if such filing is not so permitted, information and data of the Exchange Act if the Company were subject to such Sections a similar nature, and (yb) if if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission SEC is not permitted under the Exchange Actby SEC practice or applicable law or regulations, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. In addition, for so long as any Securities remain outstanding and prior to the later of the consummation of the Exchange Offer and the filing of the Shelf Registration Statement, if required, the Company will furnish to the Holders, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities 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 Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ ' Certificates).

Provision of Financial Information. Whether Following the effectiveness of the Exchange Offer Registration Statement, whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission SEC (if permitted by SEC practice and applicable law and regulations) the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subject, such documents to be filed with the Commission SEC on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (xa) within 15 days of each Required Filing Date (whether or not permitted or required to be filed with the SEC) (i) if the Company is not then subject transmit (or cause to Section 13 or 15(dbe transmitted) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Registerregister, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been is required to file with the Commission SEC pursuant to Section 13 or 15(d) the preceding sentence, or, if such filing is not so permitted, information and data of the Exchange Act if the Company were subject to such Sections a similar nature, and (yb) if if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission SEC is not permitted under the Exchange Actby SEC practice or applicable law or regulations, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery In addition, for so long as any Securities remain outstanding and prior to the later of such reportsthe consummation of the Exchange Offer and the filing of the Initial Shelf Registration Statement, if required, the Company will furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, and, to any beneficial holder of Securities, if not obtainable from the SEC, information and documents of the type that would be filed with the SEC pursuant to the Trustee is for informational purposes only and foregoing provisions, upon the Trustee’s receipt of such shall not constitute constructive notice request of any information contained therein or determinable from information contained therein, including such holder. The Company will also comply with ss. 314(a) of the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)TIA.

Provision of Financial Information. Whether or not the Company Issuer or the Guarantor is subject to Section 13 or 15(d) of the Exchange Act, and for so long as any Securities are outstanding, the Company shallIssuer and, if any Guaranteed Securities are outstanding, the Guarantor will, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company they would have been required to file with the Commission pursuant to such Section 13 or 15(d) (the “Financial Statements”) if the Company they were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company they would have been required so to file such documents if the Company they were so subject. The Company shall Each of the Issuer and, if any Guaranteed Securities are outstanding, the Guarantor, will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company it would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company it were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company it would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company it were subject to such Sections Sections, and (y) if filing such documents by the Company it with the Commission is not permitted made under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).”

Provision of Financial Information. Whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission SEC (if permitted by SEC practice and applicable law and regulations) the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subject, such documents to be filed with the Commission SEC on or prior to the respective dates (the “Required Filing Dates”"REQUIRED FILING DATES") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (xa) within 15 days of each Required Filing Date (whether or not permitted or required to be filed with the SEC) (i) if the Company is not then subject transmit (or cause to Section 13 or 15(dbe transmitted) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been is required to file with the Commission SEC pursuant to Section 13 or 15(d) the preceding sentence, or, if such filing is not so permitted, information and data of the Exchange Act if the Company were subject to such Sections a similar nature, and (yb) if if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission SEC is not permitted under the Exchange Actby SEC practice or applicable law or regulations, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery In addition, for so long as any Securities remain outstanding, the Company will furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, and, to any beneficial holder of such reportsSecurities, if not obtainable from the SEC, information and documents of the type that would be filed with the SEC pursuant to the Trustee is for informational purposes only and foregoing provisions, upon the Trustee’s receipt of such shall not constitute constructive notice request of any information contained therein or determinable from information contained therein, including such holder. The Company will also comply with Section 314(a) of the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)TIA.

Provision of Financial Information. Whether or not If the Company or a Guarantor is subject required to file annual and quarterly reports and other documents with the Commission pursuant to Section 13 or 15(d) of the Securities Exchange ActAct of 1934, the Company shall, to the extent permitted under the Exchange Act, or such Guarantor will (i) file with the Commission the annual reports, quarterly such reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been or Guarantor is required so to file such documents if the Company were so subject. The Company shall also in any event documents, (xii) within 15 days after being required to file the same with the Commission, deliver such reports and documents with the Trustee, and (iii) within 15 days after being required to file the same with the Commission, transmit a copy of each Required Filing Date such annual and quarterly report (iexclusive of exhibits) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of . If the Company or a Guarantor is not required to file annual reports and quarterly reports and other documents with the Commission pursuant to either of such provisions, the Company or such Guarantor will, within 15 days of the date by which the Company or Guarantor would have been required to file the same with the Commission if it were so required, (i) deliver to the Trustee a document containing substantially the same kind of information as the Company would have been required to file include in each annual and quarterly report filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company it were subject to such Sections, so required and (ii) file with transmit a copy of each document required to be delivered to the Trustee copies (exclusive of exhibits) by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders. Notwithstanding the foregoing, if the Company or a Guarantor is not required to file annual reports, or quarterly reports and other documents which the Company would have been required to file with the Commission pursuant because information about the Company or the Guarantor is contained in the annual and quarterly reports and other documents filed by another entity with the Commission, the delivery to Section 13 or 15(d) the Trustee of the Exchange Act if the Company were subject to annual and quarterly reports and other documents filed by such Sections and (y) if filing such documents by the Company entity with the Commission is not permitted under and the Exchange Act, promptly upon written request transmittal by mail to all Holders of each annual and payment quarterly report filed with the Comission by such entity within the time periods set forth in the preceding sentence shall be deemed to satisfy the obligations of the reasonable cost of duplication and delivery, supply copies of such documents Company or the Guarantor to any prospective Holder. Delivery of such reports, provide financial 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)under this Section 1009.

Provision of Financial Information. Whether or not the Company Allied is required to be subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to (or Allied for so long as the extent permitted under the Exchange Act, Company is a Wholly-Owned Subsidiary of Allied) shall file with the Commission the annual reports, quarterly reports and other documents which the Company (or Allied for so long as the Company is a Wholly-Owned Subsidiary of Allied) would have been required to file with the Commission pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company (or Allied for so long as the Company is a Wholly-Owned Subsidiary of Allied) were so subjectrequired, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subjectrequired. The Company shall also in any event event: (xa) within 15 days of each Required Filing Date (i) if file with the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, Trustee copies of the annual reports, quarterly reports and quarterly reports other documents which the Company (or Allied for so long as the Company is a Wholly-Owned Subsidiary of Allied) filed with the Commission pursuant to such Section 13(a) or 15(d) or any successor provisions thereto or would have been required to file with the Commission pursuant to such Section 13 13(a) or 15(d) of the Exchange Act or any successor provisions thereto if the Company (or Allied for so long as the Company is a Wholly-Owned Subsidiary of Allied) were subject required to comply with such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (yb) if filing such documents by the Company (or Allied for so long as the Company is a Wholly-Owned Subsidiary of Allied) with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Exchange Act, it will, within 15 days after each of the Company shall, respective dates by which it would have been required to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company it were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”1) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports reports, quarterly and quarterly reports other reports, financial statements and other documents which the Company it would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act Act, if the Company it were subject to such Sections, and (ii2) file with the Trustee copies of the annual reports, quarterly reports or other reports, financial statements and other documents which the Company it would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act Act, if the Company were it was subject to such Sections Sections, and (y3) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder; provided that, the foregoing requirements shall be deemed satisfied if the foregoing materials are available on the Commission’s XXXXX system or on the Company’s website within the applicable time period. Delivery The Trustee shall have no liability or responsibility for the filing, timeliness or content of any such reports, financial statements, documents or information filed by the Company and delivery of such reports, financial statements, documents or information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice of thereof or any information contained therein therein. Notwithstanding the foregoing, if at any time the Notes are guaranteed by any direct or determinable from information contained therein, including indirect parent company of the Company’s compliance , the Company may satisfy its obligations under this Section 10.10 with respect to financial information relating to the Company by furnishing financial information relating to such direct or indirect parent company; provided, however, that the same is accompanied by consolidating information that explains in reasonable detail the differences between the information relating to such direct or indirect parent company and any of its covenants hereunder (as Subsidiaries other than the Company and its Subsidiaries, on the one hand, and the information relating to which the Trustee is entitled to rely exclusively Company and its Subsidiaries on Officers’ Certificates)a standalone basis, on the other hand.

Provision of Financial Information. Whether or not the Company Issuer is subject to Section 13 or 15(d) of the Exchange Act, and for so long as any Securities are outstanding, the Company shallIssuer will, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company Issuer would have been required to file with the Commission pursuant to such Section 13 or 15(d) (the "Financial Statements") if the Company Issuer were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company Issuer would have been required so to file such documents if the Company Issuer were so subject. The Company shall Issuer will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company Issuer would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Issuer were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company Issuer would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Issuer were subject to such Sections Sections, and (y) if filing such documents by the Company Issuer with the Commission is not permitted made under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery of such reports, information and documents Once the Issuer becomes subject to the Trustee is for informational purposes only Exchange Act, the quarterly and annual consolidated financial statements referred to above will be deemed to refer to the Trustee’s receipt of such shall not constitute constructive notice of any information contained therein Issuer's quarterly reports on Form 10-Q, annual reports on Form 10-K or determinable from information contained thereincurrent reports on Form 8-K, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)respectively.

Provision of Financial Information. Whether or not the ---------------------------------- Company is subject to Section 13 or 15(d) of the Securities Exchange ActAct of 1934, for so long as any Debt Securities are Outstanding, the Company shallwill, to the extent permitted under the Securities Exchange ActAct of 1934, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been so required so to file such documents if the Company were so subjectdocuments. The Company shall will also in any event (x) within 15 days of after each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 if the Company were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Securities Exchange ActAct of 1934, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. Whether For so long as the Securities are outstanding, whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission (if permitted by Commission practice and applicable law and regulations) the annual reports, quarterly reports and other documents which the Company would have been required re quired to file with the Commission pursuant to such Section 13 13(a) or 15(d) or any successor provision there to if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been re- quired to file with the Commission pursuant to such Section 13 (a) or 15 (d) or any successor provison thereto if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the "Require Filing Dates" by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (xa) within 15 days of after each Required Filing Date (whether or not permitted or required to be filed with the Commission) (i) if the Company is not then subject transmit (or cause to Section 13 or 15(dbe transmitted) of the Exchange Act, transmit by mail to all HoldersHolders of Securities, as their names and addresses appear in the Security RegisterSecurities register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been be required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Securities were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted then registered under the Exchange Act. In addition, promptly for so long as any Securities remain outstanding, the Company will furnish to the Holders of Securities and to securities analysts and prospective investors, upon written request and payment their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, and, to any beneficial holder of Securities, if not obtainable from the Commission, information of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery of such reports, information and documents type that would be filed with the Commission pursuant to the Trustee is for informational purposes only and foregoing provisions upon the Trustee’s receipt of such shall not constitute constructive notice request of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)such Holder.

Provision of Financial Information. Whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission SEC (if permitted by SEC practice and applicable law and regulations) the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subject, such documents to be filed with the Commission SEC on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to --------------------- file such documents if the Company were so subject. The Company shall also in any event (xa) within 15 days of each Required Filing Date (whether or not permitted or required to be filed with the SEC) (i) if the Company is not then subject transmit (or cause to Section 13 or 15(dbe transmitted) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been is required to file with the Commission SEC pursuant to Section 13 or 15(d) the preceding sentence, or, if such filing is not so permitted, information and data of the Exchange Act if the Company were subject to such Sections a similar nature, and (yb) if if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission SEC is not permitted under the Exchange Actby SEC practice or applicable law or regulations, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any Holder. In addition, for so long as any Securities remain outstanding, the Company will furnish to the Holders and to securities analysts and prospective Holderinvestors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, and, to any beneficial holder of Securities, if not obtainable from the SEC, information of the type that would be filed with the SEC pursuant to the foregoing provisions, upon the request of any such holder. The Company will also comply with (S) 314(a) of the TIA. 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 the Trustee of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ ' Certificates).

Provision of Financial Information. Whether For so long as the Securities are outstanding, whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission (if permitted by Commission practice and applicable law and regulations) the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (xa) within 15 days of after each Required Filing Date (whether or not permitted or required to be filed with the Commission) (i) if the Company is not then subject transmit (or cause to Section 13 or 15(dbe transmitted) of the Exchange Act, transmit by mail to all HoldersHolders of Securities, as their names and addresses appear in the Security RegisterSecurities register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been be required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Securities were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted then registered under the Exchange Act. In addition, promptly for so long as any Securities remain outstanding, the Company will furnish to the Holders of Securities and to securities analysts and prospective investors, upon written request and payment their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, and, to any beneficial holder of Securities, if not obtainable from the Commission, information of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery of such reports, information and documents type that would be filed with -96- 106 the Commission pursuant to the Trustee is for informational purposes only and foregoing provisions upon the Trustee’s receipt of such shall not constitute constructive notice request of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)such Holder.

Provision of Financial Information. Whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission SEC (if permitted by SEC practice and applicable law and regulations) the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subject, such documents to be filed with the Commission SEC on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to --------------------- file such documents if the Company were so subject. The Company shall also in any event (xa) within 15 days of each Required Filing Date (whether or not permitted or required to be filed with the SEC) (i) if the Company is not then subject transmit (or cause to Section 13 or 15(dbe transmitted) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been is required to file with the Commission SEC pursuant to Section 13 or 15(d) the preceding sentence, or, if such filing is not so permitted, information and data of the Exchange Act if the Company were subject to such Sections a similar nature, and (yb) if if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission SEC is not permitted under the Exchange Actby SEC practice or applicable law or regulations, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any Holder. In addition, for so long as any Securities remain outstanding, the Company will furnish to the Holders and to securities analysts and prospective Holderinvestors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, and, to any beneficial holder of Securities, if not obtainable from the SEC, information of the type that would be filed with the SEC pursuant to the foregoing provisions, upon the request of any such holder. The Company will also comply with (S)314(a) of the TIA. 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 the Trustee of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ ' Certificates).

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Exchange Act, the Company shall, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which that the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of after each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which that the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which that the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections Sections. If filing the foregoing reports and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. Whether or not For so long as any Securities are outstanding, if the Company or, prior to the Mergers, Marvell, is subject to Section 13 13(a) or 15(d) of the Exchange ActAct or any successor provision, the Company shall, shall deliver to the extent permitted under Trustee and the Exchange Act, file with the Commission Holders the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 it or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all HoldersMarvell, as their names and addresses appear in the Security Registerapplicable, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been is required to file with the Commission pursuant to Section 13 13(a) or 15(d) or any successor provision, within 15 days after the date that it or Marvell, as applicable, files the same with the Commission. If neither the Company nor Marvell is subject to Section 13(a) or 15(d) of the Exchange Act or any successor provision, and for so long as any Securities are outstanding, the Company shall deliver to the Trustee and the Holders the quarterly and annual financial statements that would be required to be contained in annual reports on Form 10-K and quarterly reports on Form 10-Q required to be filed with the Commission if the Company were was subject to such Sections, and (iiSection 13(a) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if or any successor provision, within 15 days of the filing date that would be applicable to the Company were subject at that time pursuant to such Sections applicable Commission rules and (y) if filing such regulations. Reports and other documents filed by the Company with the Commission is not permitted under and publicly available via the Exchange Act, promptly upon written request XXXXX system or on the Company’s website will be deemed to be delivered to the Trustee and payment the Holders as of the reasonable cost time such filing is publicly available via XXXXX or on the Company’s website for purposes of duplication and deliverythis Section 1008; provided, supply copies of however, that the Trustee shall have no obligation whatsoever to determine whether or not such information, documents to any prospective Holderor reports have been filed or are publicly available via XXXXX or on the Company’s website. 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 or actual notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder under this Indenture (as to which the Trustee is entitled to rely exclusively on Officers’ Certificatesan Officer’s Certificate).

Provision of Financial Information. Whether or not the Company is subject NRF and, after it first becomes obligated to Section 13 or 15(d) of file reports under the Exchange Act, the Company shallshall provide the Trustee, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been within 15 days after it is required to file the same with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such HoldersCommission, copies of the annual reports and quarterly information, documents and other reports (or copies of such portions any of the foregoing as the Commission may prescribe) which the Company would have been it is required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act if the Company were subject to such SectionsAct. At any time at which NRF or, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required after it first becomes obligated to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted reports under the Exchange Act, promptly upon written request the Company is not required to file information, documents or reports pursuant to either of those sections, then the Company or NRF shall provide to the Trustee and payment to the Commission such reports as may be prescribed to be filed by it by the Commission at such time. To the extent that the Company or NRF has filed such information with the Commission through the Commission’s EXXXX system, or any successor system employed by the Commission, it shall be deemed to have complied with the requirement of this Section 10.05. At any time at which the Company or either Guarantor is not subject to the reporting requirements of the reasonable cost Exchange Act, it will promptly furnish to the Holders, beneficial owners and prospective purchasers of duplication and deliverythe Securities, supply copies upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act to facilitate the resale of such documents those Securities pursuant to any prospective HolderRule 144A for so long as the Securities are outstanding. 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 actual or constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Officer’s Certificates).

Provision of Financial Information. Whether (a) So long as any of the Securities are Outstanding, and in addition to and without limitation of the Company's obligations pursuant to Section 704, whether or not the Company is required to be subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provisions, the Company shall, (unless not permitted by the Commission to the extent permitted under the Exchange Act, do so) shall file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 13(a) or 15(d) or any successor provisions if the Company were so subjectrequired, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subjectrequired. The Company shall also in any event (xa) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, and (ii) file with the Trustee, copies of the annual reports, quarterly reports and quarterly reports other documents which the Company files with the Commission pursuant to such Section 13(a) or 15(d) or any successor provisions thereto or would have been required to file with the Commission pursuant to such Section 13 13(a) or 15(d) of the Exchange Act or any successor provisions thereto if the Company were subject required to comply with such Sections, Sections or successor provisions and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (yb) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery of such reportsNotwithstanding the foregoing, information and documents to the Trustee is shall have no duty to review such documents 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 Company’s -116- 131 determining compliance with any provisions of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)this Indenture.

Provision of Financial Information. Whether In addition to and without limitation on the Company's obligations pursuant to Section 704, whether or not the Company is required to be subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission and provide to the Trustee the Company's (or if no such separate document exists, the Guarantor's) annual reports, quarterly reports and other documents which the Company (or the Guarantor) would have been required to file with the Commission pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company (or the Guarantor) were so subjectrequired, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company (or the Guarantor) would have been required so to file such documents if the Company were so subjectrequired. The Company shall also in any event (xa) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses have been provided to the Trustee or appear in the Security RegisterRegister and, without cost to such Holders, (ii) file with the Trustee copies of the Company's (or, if no such separate document exists, the Guarantor's) annual reports, quarterly reports and quarterly reports other documents which 109 the Company would have been required to file with the Commission pursuant to Section 13 13(a) or 15(d) of the Exchange Act or any successor provisions thereto if the Company (or the Guarantor) were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were be subject to such Sections and (yb) if filing such documents by the Company (or the Guarantor) with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ ' Certificates).

Provision of Financial Information. Whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission SEC (if permitted by SEC practice and applicable law and regulations) the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subject, such documents to be filed with the Commission SEC on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (xa) within 15 days of each Required Filing Date (whether or not permitted or required to be filed with the SEC) (i) if the Company is not then subject transmit (or cause to Section 13 or 15(dbe transmitted) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been is required to file with the Commission SEC pursuant to Section 13 or 15(d) the preceding sentence, or, if such filing is not so permitted, information and data of the Exchange Act if the Company were subject to such Sections a similar nature, and (yb) if if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission SEC is not permitted under the Exchange Actby SEC practice or applicable law or regulations, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any Holder. In addition, for so long as any Series A Securities remain outstanding, the Company will furnish to the Holders of Series A Securities and to securities analysts and prospective Holderinvestors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, and, to any beneficial holder of Series A Securities, if not obtainable from the SEC, information of the type that would be filed with the SEC pursuant to the foregoing provisions, upon the request of any such holder. The Company will also comply with Section 314(a) of the TIA. 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 Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ ' Certificates).

Provision of Financial Information. Whether or not the Company Issuer is required to be subject to Section 13 13(a) or 15(d) of the Securities Exchange ActAct of 1934, or any successor provision thereto, from and after the Company shall, earlier of (a) the effectiveness of either the Exchange Offer Registration Statement with respect to the extent permitted under Original Securities or the Exchange Act, Resale Registration Statement or (b) the date that is 150 days after the Closing Date the Issuer shall file with the Commission the annual reports, quarterly reports and other documents which the Company Issuer would have been required to file with the Commission pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company Issuer were so subjectrequired, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company Issuer would have been required so to file such documents if the Company Issuer were so subjectrequired. The Company Issuer shall also in any event (xa) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, and (ii) file with the Trustee, copies of the annual reports, quarterly reports and quarterly reports other documents which the Company Issuer files with the Commission pursuant to such Section 13(a) or 15(d) or any successor provision thereto or would have been required to file with the Commission pursuant to such Section 13 13(a) or 15(d) of the Exchange Act or any successor provisions thereto if the Company Issuer were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were be subject to such Sections and (yb) if filing such documents by the Company Issuer with the Commission is not permitted under the Securities Exchange ActAct of 1934, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. Whether or not the Company Issuer or the Guarantor is subject to Section 13 or 15(d) of the Exchange ActAct and for so long as any Securities are outstanding, the Company shallIssuer and the Guarantor will, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company Issuer and the Guarantor would have been required to file with the Commission pursuant to such Section 13 or 15(d) (the "Financial Statements") if the Company Issuer or the Guarantor were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company Issuer and the Guarantor would have been required so to file such documents if the Company Issuer were so subject. The Company shall Issuer and the Guarantor will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses addressed appear in the Security Register, without cost to such Holders, Holders copies of the annual reports and quarterly reports which the Company Issuer and the Guarantor would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Issuer or the Guarantor were subject to such Sections, and (ii) file with the Trustee Trustee, copies of the annual reports, quarterly reports and other documents which the Company Issuer and the Guarantor would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Issuer or the Guarantor were subject to such Sections and (y) if filing such documents by the Company Issuer or the Guarantor with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Exchange Act, the Company shallwill, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall will also in any event (x) within 15 days of after each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Debt Securities Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. Whether (a) So long as any of the Notes are Outstanding, and in addition to and without limitation of the Company's obligations pursuant to Section 7.04, whether or not the Company is required to be subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provisions, the Company shall, (unless not permitted by the Commission to the extent permitted under the Exchange Act, do so) shall file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 13(a) or 15(d) or any successor 83 97 provisions thereto if the Company were so subject, required such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subjectrequired. The Company shall also in any event (xa) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Note Register, without cost to such Holders, and (ii) file with the Trustee, copies of the annual reports, quarterly reports and quarterly reports other documents which the Company files with the Commission pursuant to such Section 13(a) or 15(d) or any successor provisions thereto or would have been required to file with the Commission pursuant to such Section 13 13(a) or 15(d) of the Exchange Act or any successor provisions thereto if the Company were subject required to comply with such Sections, Sections or successor provisions and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (yb) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holderholder of securities. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s Truste's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ ' Certificates).

Provision of Financial Information. Whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission SEC (if permitted by SEC practice and applicable law and regulations) the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subjectrequired, such documents to be filed with the Commission SEC on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subjectrequired. The Company shall also in any event (xa) within 15 days of each Required Filing Date (whether or not permitted or required to be filed with the SEC) (i) if the Company is not then subject transmit (or cause to Section 13 or 15(dbe transmitted) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security RegisterSecurities register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been is required to file with the Commission SEC pursuant to Section 13 or 15(d) the preceding sentence, or, if such filing is not so permitted, information and data of the Exchange Act if the Company were subject to such Sections a similar nature, and (yb) if if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission SEC is not permitted under the Exchange Actby SEC practice or applicable law or regulations, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificatesofficers certificate).

Provision of Financial Information. Whether So long as the Notes are outstanding, whether or not the Company is required to be subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission the annual reports, quarterly reports and other documents (including a "Management's Discussion and Analysis of Financial Condition and Results of Operations" and, with respect to the annual information only, a report thereon by the Company's certified independent accountants) which the Company would have been required to file with the Commission pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subjectrequired, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subjectrequired. The Company shall also in any event (xa) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee Trustee, in each case, copies of the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 13(a) or 15(d) of the Exchange Act or any successor provisions thereto if the Company were required to be subject to such Sections and (yb) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery of such reportsIn addition, the Company shall, for so long as any Securities remain outstanding, furnish to all Holders and to prospective investors, upon their request, the information and documents required to be delivered pursuant to Rule 144A(d)(4) under 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)Securities Act.

Provision of Financial Information. Whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission SEC (if permitted by SEC practice and applicable law and regulations) the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subject, such documents to be filed with the Commission SEC on or prior to the respective dates (the “Required Filing Dates”"REQUIRED FILING DATES") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (xa) within 15 days of each Required Filing Date (whether or not permitted or required to be filed with the SEC) (i) if the Company is not then subject transmit (or cause to Section 13 or 15(dbe transmitted) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security RegisterNote register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been is required to file with the Commission SEC pursuant to Section 13 or 15(d) the preceding sentence, or, if such filing is not so permitted, information and data of the Exchange Act if the Company were subject to such Sections a similar nature, and (yb) if if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission SEC is not permitted under the Exchange Actby SEC practice or applicable law or regulations, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery In addition, for so long as any Securities remain outstanding and prior to the later of such reportsthe consummation of the exchange offer in respect of the Initial Securities and the filing of the initial Shelf Registration Statement (as defined in the Registration Rights Agreement), if required, the Company will furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, and, to any beneficial Holder of Securities, if not obtainable from the SEC, information and documents of the type that would be filed with the SEC pursuant to the Trustee is for informational purposes only and foregoing provisions, upon the Trustee’s receipt of such shall not constitute constructive notice request of any information contained therein or determinable from information contained thereinsuch Holder. The first such report will be for the fiscal period ending April 30, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)1998.

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Exchange Act, the Company shallwill, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subject. The Company shall will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to such Section 13 or 15(d) of the Exchange Act), transmit by mail to all HoldersHolders of Notes, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which that the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, Sections and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which that the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).ARTICLE THREE

Provision of Financial Information. Whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission (if permitted by Commission practice and applicable law and regulations) pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subjectsubject thereto, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subjectthem. The Company shall also in 113 any event (xa) within 15 days of after each Required Filing Date (i) if the Company is not then subject transmit, or cause to Section 13 or 15(d) of the Exchange Actbe transmitted, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were subject to such Sections, and (ii) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company would have been is required to file with the Commission pursuant to Section 13 or 15(d) the preceding sentence or, if such filing is not so permitted, information of the Exchange Act if the Company were subject to such Sections a similar nature and (yb) if filing such documents by the Company with the Commission is not permitted under the Exchange Actby Commission practice and applicable law and regulations, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery of ; provided, however, that the Company may omit to provide -------- ------- to the Holders any exhibit filed with any such reports, information reports and documents to the Trustee extent the Company determines that such exhibit does not contain information that is material to the Holders. In addition, for informational purposes only so long as any Securities remain outstanding, the Company will furnish to the Holders of Securities and to securities analysts and prospective investors, upon their request, the Trustee’s receipt information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, and, to any beneficial Holder of such shall Securities, if not constitute constructive notice obtainable from the Commission, information of the type that would be filed with the Commission pursuant to the foregoing provisions upon the request of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)such Holder.

Provision of Financial Information. Whether or not the Company is subject to Section 13 or 15(d) of the Exchange Act, it will, within 15 days after each of the Company shall, respective dates by which it would have been required to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13 or 15(d) if the Company it were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “Required Filing Dates”1) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports reports, quarterly and quarterly reports other reports, financial statements and other documents which the Company it would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act Act, if the Company it were subject to such Sections, and (ii2) file with the Trustee copies of the annual reports, quarterly reports or other reports, financial statements and other documents which the Company it would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act Act, if the Company were it was subject to such Sections Sections, and (y3) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder; provided that, the foregoing requirements shall be deemed satisfied if the foregoing materials are available on the Commission’s EXXXX system or on the Company’s website within the applicable time period. Delivery The Trustee shall have no liability or responsibility for the filing, timeliness or content of any such reports, financial statements, documents or information filed by the Company and delivery of such reports, financial statements, documents or information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice of thereof or any information contained therein therein. Notwithstanding the foregoing, if at any time the Notes are guaranteed by any direct or determinable from information contained therein, including indirect parent company of the Company’s compliance , the Company may satisfy its obligations under this Section 10.10 with respect to financial information relating to the Company by furnishing financial information relating to such direct or indirect parent company; provided, however, that the same is accompanied by consolidating information that explains in reasonable detail the differences between the information relating to such direct or indirect parent company and any of its covenants hereunder (as Subsidiaries other than the Company and its Subsidiaries, on the one hand, and the information relating to which the Trustee is entitled to rely exclusively Company and its Subsidiaries on Officers’ Certificates)a standalone basis, on the other hand.

Provision of Financial Information. Whether or not the Company is required to be subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted under the Exchange Act, shall file with the Commission the annual reports, quarterly reports and other documents (including a "Management's Discussion and Analysis of Financial Condition and Results of Operations" and, with respect to the annual information only, a report thereon by the Company's certified independent accountants) which the Company would have been required to file with the Commission pursuant to such Section 13 13(a) or 15(d) or any successor provision thereto if the Company were so subjectrequired, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company would have been required so to file such documents if the Company were so subjectrequired. The Company shall also in any event (xa) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, and (ii) file with the Trustee, in each case, copies of the annual reports, quarterly reports and quarterly reports other documents which 57 the Company would have been required to file with the Commission pursuant to Section 13 13(a) or 15(d) of the Exchange Act or any successor provisions thereto if the Company were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company were be subject to such Sections and (yb) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. Delivery of such reportsIn addition, the Company shall, for so long as any Securities remain outstanding, furnish to all Holders and to securities analysts and prospective investors, upon their request, the information and documents required to be delivered pursuant to Rule 144(d)(4) under 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)Securities Act.

Provision of Financial Information. Whether or not the Company Trust is subject to Section 13 or 15(d) of the Exchange Act, the Company shallTrust will, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company Trust would have been required to file with the Commission pursuant to such Section 13 or 15(d) (the "Financial Statements") if the Company Trust were so subject, such documents to be filed with the Commission on or prior to the respective dates (the “"Required Filing Dates”") by which the Company Trust would have been required so to file such documents if the Company Trust were so subject. The Company shall Trust will also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company Trust would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Trust were subject to such Sections, and (ii) file with the Trustee copies of annual reports, quarterly reports and other documents which the Company Trust would have been required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company Trust were subject to such Sections and (y) if filing such documents by the Company Trust with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective Holder. 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Provision of Financial Information. (a) Whether or not the Company is subject to Section 13 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, shall provide to the extent permitted under the Exchange Act, file with the Commission Trustee and Holders the annual reportsreports on Form 10-K, quarterly reports on Form 10-Q and other documents current reports on Form 8-K which the Company would have been required to file with the Commission SEC pursuant to such Section 13 13(a) or 15(d) ), or any successor provision thereto, if the Company were so subjectrequired, such documents to be filed with provided to the Commission Trustee and Holders on or prior to the respective dates (the “Required Filing Dates”) by which the Company would have been required so to file such documents if the Company were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date (i) if the Company is not then subject to Section 13 or 15(d) of the Exchange Act, transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders, copies of the annual reports and quarterly reports which the Company would have been required to file such documents with the Commission SEC if the Company were so required; provided that (A) any such reports and documents filed with the SEC pursuant to its Electronic Data Gathering, Analysis and Retrieval system (“XXXXX”) (or any successor system) or made publicly available on the Company’s website shall be deemed to have been delivered to the Trustee and the Holders of Notes for purposes of the foregoing requirements and (B) if the Company is no longer subject to Section 13 13(a) or 15(d) of the Exchange Act Act, or any successor provision thereto, then (x) no current reports on Form 8-K shall be required to be furnished if the Company were subject determines in its good faith judgment that the applicable event requiring a current report on Form 8-K is not material to the Holders or the business, assets, operations, financial position or prospects of the Company and its Restricted Subsidiaries, taken as a whole; and (y) such Sectionsannual, quarterly or current reports need not include any exhibits of Item 601 of Regulation S-K (except for financial statements of the Company) and shall not be required to comply with (i) Sections 302 and 404 of the Xxxxxxxx-Xxxxx Act of 2002, and related Items 307 and 308 of Regulation S-K; (ii) file with the Trustee copies Items 201, 402, 405, 406 and 407 of annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Regulation S-K; (iii) Section 13 or 15(d13(e) of the Exchange Act (relating to the Iran Threat Reduction and Syrian Human Rights Act); (iv) Form SD (relating to conflict minerals); (v) Items 14 and 16 of Form 10-K or (v) Regulation G under the Exchange Act or Item 10(e) of Regulation S-K promulgated by the SEC with respect to any non-GAAP financial measures contained therein. (b) So long as any of the Notes remain outstanding, if at any time the Company were is not subject to such Sections and (ySection 13(a) if filing such documents by the Company with the Commission is not permitted or 15(d) under the Exchange Act, promptly the Company will make available to any market making financial institution, securities analyst, prospective purchaser of Notes or beneficial owner of Notes, upon written request and payment their request, the information required by Rule 144A(d)(4) under the Securities Act, until such time as the Holders of the reasonable cost of duplication and delivery, supply copies of Notes are able to sell all such documents to any prospective Holder. Delivery of such reports, information and documents Notes immediately without restriction pursuant to the Trustee is provisions of Rule 144 under the Securities Act, or any successor provision thereto. (c) Within a reasonably prompt period of time after the date the annual or quarterly report for informational purposes only and the Trustee’s receipt of such prior fiscal period has been filed or furnished pursuant to this Section 4.3, the Company shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including also hold live quarterly conference calls to discuss the Company’s compliance financial condition and results of operations for the relevant reporting period (an “Earnings Call”). No fewer than three Business Days prior to the date such Earnings Call is to be held, the Company shall issue a press release to the appropriate U.S. wire services announcing such Earnings Call, which press release shall contain the time and the date of such Earnings Call and either include information on how to access such Earnings Call or direct the recipients thereof to contact an individual at the Company (for whom contact information shall be provided in such notice) to obtain information on how to access such Earnings Call. (d) In the event that any direct or indirect parent company of the Company becomes a guarantor of the Notes, the Company may satisfy its obligations under this Section 4.3 with any of its covenants hereunder (as respect to which financial information relating to the Trustee Company by furnishing financial information relating to such parent company; provided that the same is entitled to rely exclusively on Officers’ Certificates).accompanied by consolidating information that explains in reasonable