Common use of Provision of Financial Information Clause in Contracts

Provision of Financial Information. Whether or not the Company is subject to Section 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company 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(a) or 15(d), or any successor provision thereto if the Company were so 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 required. The Company shall also in any event (a) within 15 days of each Required Filing Date (i) transmit by mail to all Holders of Securities, 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 other documents which the Company is required to file with the Commission pursuant to the preceding sentence, and (b) if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request supply copies of such documents to any prospective holder of Securities.

Provision of Financial Information. Whether or not the Company is subject to Section 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company 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(a) or 15(d), ) or any successor provision thereto if the Company were so 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 required. The Company shall also in any event (a) within 15 days of each Required Filing Date (i) transmit by mail to all Holders of Securities, Securities as their names and addresses appear in the Security Register, without cost to such Holders, and (ii) file with the Trustee, copies of the such annual reports, quarterly reports and other documents which the Company is required to file with the Commission pursuant to the preceding foregoing sentence, and (b) if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request supply copies of such documents to any prospective holder of Securities. 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(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company 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(a) or 15(d), ) or any successor provision thereto if the Company were so requiredsubject, 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 required. The Company shall also in any event (a) within 15 days of each Required Filing Date (i) transmit by mail to all Holders of SecuritiesHolders, as their names and addresses appear in the Security Register, without cost to such Holders, and (ii) file with the Trustee, Trustee copies of the annual reports, quarterly reports and other documents which the Company is would be required to file with the Commission pursuant to Section 13(a) or 15(d) of the preceding sentence, Exchange Act or any successor provisions thereto if the Company were so subject to such Sections and (b) if, notwithstanding the preceding sentence, if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request supply copies of such documents to any prospective holder of SecuritiesHolder.

Provision of Financial Information. Whether or not the Company is subject to Section 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, following the effectiveness of the Exchange Offer the Company 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(a) or 15(d), ) or any successor provision thereto if the Company were so 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 required. The Regardless of whether the Company files such reports or other documents with the Commission, the Company shall also in any event (a) within 15 days of each Required Filing Date (i) transmit by mail to all Holders of Securities, Securities as their names and addresses appear in the Security Register, without cost to such Holders, and (ii) file with the Trustee, copies of the such annual reports, quarterly reports and other documents which the Company is required to file with the Commission pursuant to the preceding sentencedocuments, and (b) if, notwithstanding the preceding sentence, if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request supply copies of such documents to any prospective holder of Securities.

Provision of Financial Information. Whether or not the Company is subject to Section 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall will 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(a) or 15(d), ) or any successor provision thereto if the Company were so 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 required. The Company shall will also in any event (a) within 15 days of each Required Filing Date (i) transmit by mail to all Holders of SecuritiesHolders, 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 other documents which the Company is required to file with the Commission pursuant to the preceding sentence, and (b) if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request supply copies of such documents to any prospective holder Holder. The Company will also comply with Section 314(a) of Securitiesthe Trust Indenture Act.

Provision of Financial Information. Whether or not the Company is required to be subject to Section 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company 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(a) or 15(d), ) or any successor provision thereto if the Company were so 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 -97- 101 if the Company were so required. The Company shall also in any event (a) within 15 days of each Required Filing Date (i) transmit by mail to all Holders of SecuritiesHolders, as their names and addresses appear in the Security Register, without cost to such Holders, and (ii) file with the Trustee, Trustee copies of the annual reports, quarterly reports and other documents which the Company is would have been required to file with the Commission pursuant to Section 13(a) or 15(d) of the preceding sentence, Exchange Act or any successor provisions thereto if the Company were required to be subject to such Sections and (b) if, notwithstanding the preceding sentence, if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request supply copies of such documents to any prospective holder of SecuritiesHolder.

Provision of Financial Information. Whether or not the Company is required to be subject to Section 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company 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(a) or 15(d), ) or any successor provision thereto if the Company were so 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 required. The Company shall also in any event (a) within 15 days of each Required Filing Date (ia) upon the written request of any Holder transmit by mail to all Holders of Securitiessuch Holder, as their names name(s) and addresses address(es) appear in the Security Register, without cost to such Holders, and (iib) file with the Trustee, Trustee copies of the annual reports, quarterly reports and other documents which the Company is would have been required to file with the Commission pursuant to Section 13(a) or 15(d) of the preceding sentence, and (b) if, notwithstanding the preceding sentence, filing such documents by Exchange Act or any successor provisions thereto if the Company with the Commission is not permitted under the Exchange Act, promptly upon written request supply copies of were required to be subject to such documents to any prospective holder of SecuritiesSections.

Provision of Financial Information. Whether or not the Company is subject to Section 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company 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(a) or 15(d), ) or any successor provision thereto if the Company were so requiredsubject, 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 required. The Company shall also in any event (a) within 15 days of each Required Filing Date (i) transmit by mail to all Holders of SecuritiesHolders, as their names and addresses appear in the Security Register, without cost to such Holders, and (ii) file with the Trustee, Trustee copies of the annual reports, quarterly reports and other documents which the Company is would be required to file with the Commission pursuant to the preceding sentence, and (b) if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request supply copies of such documents to any prospective holder of Securities.to

Provision of Financial Information. Whether or not the Company is subject to Section 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company 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(a) or 15(d), ) or any successor provision thereto if the Company were so 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 required. The Regardless of whether the Company files such reports or other documents with the Commission, the Company shall also in any event (a) within 15 days of each Required Filing Date (i) transmit by mail to all Holders of SecuritiesNotes, 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 such annual reports, quarterly reports and other documents which the Company is required to file with the Commission pursuant to the preceding sentencedocuments, and (b) if, notwithstanding the preceding sentence, if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request supply copies of such documents to any prospective holder Holder of SecuritiesNotes.

Provision of Financial Information. Whether or not the Company is subject to Section 13(a) or 15(d) of the Exchange Act, Act or any successor provision thereto, following the effectiveness of the Exchange Offer the Company 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(a) or 15(d), ) or any successor provision thereto if the Company were so required, such documents to be filed with the Commission 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 required. The Regardless of whether the Company files such reports or other documents with the Commission, the Company shall also in any event (a) within 15 days of each Required Filing Date (i) transmit by mail to all Holders of SecuritiesNotes, 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 such annual reports, quarterly reports and other documents which the Company is required to file with the Commission pursuant to the preceding sentencedocuments, and (b) if, notwithstanding the preceding sentence, if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request supply copies of such documents to any prospective holder of SecuritiesNotes.

Provision of Financial Information. Whether or not the Company is required to be subject to Section 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall file with the Commission the annual reports, quarterly reports and other information, documents and reports which the Company would have been required to file with the Commission pursuant to such Section 13(a) or 15(d), ) or any successor provision thereto if the Company were so 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 required. The Company shall also in any event (a) within 15 days of each Required Filing Date (i) transmit by mail to all Holders of SecuritiesHolders, as their names and addresses appear in the Security Register, without cost to such Holders, and (ii) file with the Trustee, Trustee copies of the annual reports, quarterly reports and other information, documents and reports which the Company is would have been required to file with the Commission pursuant to Section 13(a) or 15(d) of the preceding sentenceExchange Act, or any successor provision thereto, if the Company were required to be subject to such Sections and (b) if, notwithstanding the preceding sentence, if filing such information, documents or reports by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request supply copies of such documents to any prospective holder of SecuritiesHolder.

Provision of Financial Information. Whether or not the Company is subject to Section 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company 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(a) or 15(d), ) or any successor provision thereto if the Company were so 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 required. The Company shall also in any event (a) within 15 days of each Required Filing Date (i) transmit by mail to all Holders of SecuritiesHolders, 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 other documents which the Company is required to file with the Commission pursuant to the preceding sentence, and (b) if, notwithstanding the preceding sentence, filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request supply copies of such documents to any prospective holder of SecuritiesHolder.