Common use of Reports by Company Clause in Contracts

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same with the Commission. 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 Officer’s Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.

Reports by Company. The Company shall file with the Trustee and with the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such in the Trust Indenture Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same is required to be filed with the Commission. At any time when the Company is not subject to Section 13 or 15(d) of the Exchange Act, upon the request of a Holder or a beneficial owner of a Security, the Company shall promptly furnish the information specified in Rule 144A (d) (4) of the Securities Act (or any successor provision), or cause such information to be furnished, to such Holder or beneficial owner in order to permit compliance by such Holder or beneficial owner with Rule 144A under the Securities Act; provided, however, that the Company shall not be required to furnish such information at any time to a prospective purchaser located outside the United States who is not a "U.S. person" within the meaning of Regulation S under the Securities Act. If this Indenture shall have been qualified under the Trustee Indenture Act, the Company also shall comply with the other provisions of Trust Indenture Act Section 314(a). Delivery of such reports, information and documents to the Trustee is for informational purposes only, 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 Officer’s Officers' Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same is so required to be filed with the Commission. In the event the Company is not subject to Section 13 or 15(d) of the Exchange Act, it shall file with the Trustee upon 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, 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 Officer’s Officers’ Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) It is expressly understood that materials transmitted electronically by the Company to Holders, as the case may be, if the Company has Trustee shall be deemed filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the ActTrustee for purposes of this Section 7.04.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such the Trust Indenture Act; provided further that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same is so required to be filed with the Commission (giving effect to any grace period provided by Rule 12b-25 or any successor rule under the Exchange Act). Notwithstanding the forgoing, (1) the Company shall not be required to deliver to the Trustee any materials for which the Company has sought and received confidential treatment by the Commission and (2) so long as such filings by the Company are available on the Commission’s electronic Data Gathering, Analysis and Retrieval System (XXXXX), or Interactive Data Electronic Applications (IDEA), or any successor system, within such time period, such filings shall be deemed to have been filed with the Trustee for purposes hereof without any further action required by the Company. For the avoidance of doubt, a failure by the Company to file information, documents and other reports with the Commission within the time period prescribed thereof by the Commission shall not be deemed a breach of this Section 6.4. Delivery of such reports, information and documents to the Trustee is for informational purposes only, 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 Officer’s Officers' Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such the Trust Indenture Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same with the Commission. 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 Officer’s Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same is so required to be filed with the Commission. In the event the Company is not subject to Section 13 or 15(d) of the Exchange Act, it shall file with the Trustee upon 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, 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 Officer’s Officers' Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) It is expressly understood that materials transmitted electronically by the Company to Holders, as the case may be, if the Company has Trustee shall be deemed filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the ActTrustee for purposes of this Section 7.04.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same with the Commission. 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 Officer’s Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.. 50

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same with the Commission. 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 Officer’s Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Trust Indenture Act.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 30 calendar days after the Company files the same is so required to be filed with the Commission. To the extent the Company has filed such information with the Commission through the Commission’s XXXXX system, or any successor system employed by the Commission, the Company shall be deemed to have complied with this Section 704. The Trustee shall have no duty to search for or obtain any electronic or other filings that the Company makes with the SEC, regardless of whether such filings are periodic, supplemental or otherwise. Delivery of such reports, information and documents to the Trustee is for informational purposes only, 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 Officer’s Officers’ Certificates). Such informationARTICLE EIGHT Consolidation, documentsMerger, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to HoldersConveyance, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (Transfer or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.Lease

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same is so required to be filed with the Commission. In the event the Company is not subject to Section 13 or 15(d) of the Exchange Act, it shall file with the Trustee upon request the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. It is expressly understood that materials transmitted electronically by the Company to the Trustee shall be deemed filed with the Trustee for purposes of this Section 7.04. The Trustee shall not be under a duty to review or evaluate any report or information delivered to the Trustee pursuant to the provisions of this Section 7.04 for the purposes of making such reports available to it and to the Holders of Securities who may request such information. Delivery of such reports, information and documents to the Trustee as may be required under this Section 7.04 is for informational purposes only, 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 Officer’s Certificatesan Officers’ Certificate). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.

Reports by Company. The Company (and, as applicable, any Guarantor) shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such the Trust Indenture Act; provided provided, however, that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act (each, a “Required SEC Filing” and collectively, the “Required SEC Filings”) shall be filed with the Trustee within 15 fifteen (15) days after the Company files same is filed with the same Commission; further provided that the Company’s obligation to so file each such Required SEC Filing with the Trustee shall not arise unless and until such Required SEC Filing has been filed with the Commission. Delivery of any such reports, information and documents by the Company (or any Guarantor) to the Trustee is for informational purposes only, 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 Officer’s Officers’ Certificates). Such information, documents, reports The Trustee acknowledges and summaries agrees that materials transmitted electronically by the Company (or any Guarantor) to the Trustee shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Actfor purposes of this Section 7.04.”

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 shall be filed with the Trustee within 15 days after the Company files the same is so required to be filed with the Commission. Notwithstanding anything to the contrary herein, the Trustee will have no duty to search for or obtain any electronic or other filings that the Company makes with the Commission, regardless of whether such filings are periodic, supplemental or otherwise. Delivery of the reports, information and documents to the Trustee in accordance with this Section 7.03 will be solely for the purposes of compliance with Section 314(a) of the Trust Indenture Act and the Trustee shall have no duty to review or analyze reports delivered to it. Delivery of such reports, information and documents to the Trustee is for informational purposes only, 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Officers’ Certificates). Such informationThe Trustee shall have no liability or responsibility for the filing, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) content or timelines of any report hereunder aside from any report transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Actunder this Indenture.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same with the Commission. 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 Officer’s Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.. ARTICLE VIII

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such the Trust Indenture Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same with the Commission. 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 Officer’s Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX EXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX EXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same is so required to be filed with the Commission. In the event the Company is not subject to Section 13 or 15(d) of the Exchange Act, it shall file with the Trustee upon request the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. It is expressly understood that materials transmitted electronically by the Company to the Trustee shall be deemed filed with the Trustee for purposes of this Section 8.04. The Trustee shall not be under a duty to review or evaluate any report or information delivered to the Trustee pursuant to the provisions of this Section 8.04 for the purposes of making such reports available to it and to the Holders of Securities who may request such information. Delivery of such reports, information and documents to the Trustee as may be required under this Section 8.04 is for informational purposes only, 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 Officer’s Certificatesan Officers’ Certificate). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 shall be filed with the Trustee within 15 days after the Company files the same is so required to be filed with the Commission. Notwithstanding anything to the contrary herein, the Trustee will have no duty to search for or obtain any electronic or other filings that the Company makes with the Commission, regardless of whether such filings are periodic, supplemental or otherwise. Delivery of the reports, information and documents to the Trustee in accordance with this Section 7.04 will be solely for the purposes of compliance with Section 314(a) of the Trust Indenture Act and the Trustee shall have no duty to review or analyze reports delivered to it. Delivery of such reports, information and documents to the Trustee is for informational purposes only, 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 Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Officers’ Certificates). Such informationThe Trustee shall have no liability or responsibility for the filing, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) content or timelines of any report hereunder aside from any report transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Actunder this Indenture.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same is so required to be filed with the Commission. In the event the Company is not subject to Section 13 or 15(d) of the Exchange Act, it shall file with the Trustee upon 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, 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 Officer’s 's Certificates). Such information, documents, reports It is expressly understood that materials transmitted electronically (simultaneously or promptly confirmed by notice by fax or mail indicating the manner and summaries shall location by which such materials may be deemed to have been (ielectronically accessed) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has Trustee shall be deemed filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the ActTrustee for purposes of this Section 7.04.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents documents, and other reports, and such summaries thereof summaries, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Trust Indenture Act; provided that with respect to any such information, documents documents, or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed Act, the Company intends to file such information, documents or reports with the Trustee within 15 days after Commission in electronic form in accordance with Regulation S-T of the Commission using the Commission’s Electronic Data Gathering, Analysis and Retrieval system (XXXXX). Compliance with the foregoing, or any successor electronic system approved by the Commission, will constitute delivery by the Company files of such reports to the same Trustee and Holders in compliance with the CommissionTrust Indenture Act. Delivery of such reports, information information, and documents to the Trustee is for informational purposes only, only and the Trustee’s receipt of such shall not constitute actual or constructive knowledge or 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 shall be entitled to rely exclusively on Officer’s Officers’ Certificates). Such informationThe Trustee shall not be obligated to monitor or confirm, documentson a continuing basis or otherwise, reports and summaries shall be deemed the Company’s compliance with the covenants in this Indenture or to monitor whether or not any such reports, information or other documents have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the with XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereofwebsite under this Indenture, is not prohibited by the Actor to participate in any conference calls.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same is so required to be filed with the Commission. Delivery of such reports, information and documents to the Trustee is for informational purposes only, only and the Trustee’s receipt of such shall not constitute constructive or other 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 Officer’s Certificates). Such informationNotwithstanding the foregoing, documents, reports and summaries shall be deemed to have been (i) the extent any of the information required by this Section 7.04 is filed by the Company with the Trustee Commission and (ii) transmitted by publicly available on the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the Commission’s XXXXX filing system (or any successor filing system) and system thereto), then such reports are publicly availableinformation shall be deemed to be filed with the Trustee provided, in each case however, that the Trustee shall have no obligation whatsoever to the extent determine if such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.has occurred. ARTICLE EIGHT

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same is so required to be filed with the Commission. In the event the Company is not subject to Section 13 or 15(d) of the Exchange Act, it shall file with the Trustee upon 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, 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 Officer’s Officers' Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) It is expressly understood that materials transmitted electronically by the Company to Holders, as the case may be, if the Company has Trustee shall be deemed filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.Trustee for purposes of this Section 7.04. ----

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such the Trust Indenture Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same with the Commission. 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 an Officer’s Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same with the Commission. 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 knowledge or 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 Officer’s Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.

Reports by Company. The Company shall file with the Trustee (and the CommissionCommission if at any time after the Indenture becomes qualified under the Trust Indenture Act), and transmit transmit, or cause the Trustee to Holderstransmit, to holders of Debentures, such information, documents and other reports, reports and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act, whether or not the Debentures are governed by such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 fifteen (15) days after the Company files the same is so required to be filed with the Commission. Delivery of such reports, information and documents to the Trustee is for informational purposes only, 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 Officer’s an Officers' Certificates). Such All required information, documents, documents and other reports and summaries referred to in this Section 7.04 shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by to the Company to Holders, as Debentureholders at the case may be, if the Company has filed time such information, documents, documents or other reports and summaries are publicly filed with the Commission using via the XXXXX Commission's EXXXX and/or IDEA filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act).

Reports by Company. The Company shall will file with the Trustee and for the Securities of such series, within 15 days after the Parent Guarantor is required to file the same with the Commission, copies of the annual reports and transmit to Holders, such of the information, documents and other reports, reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and such summaries thereof as regulations prescribe) that the Parent Guarantor may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed file with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934; provided that the availability of the foregoing reports on the Commission’s XXXXX service (or any successor thereto) shall be filed with deemed to satisfy the Company’s delivery obligations to the Trustee within 15 days after and any Holder; With respect to the foregoing paragraph, the Company files may file all information, documents and reports required by this Section 7.3 by email in PDF format; provided, however, that upon the same Trustee’s written request, the Company shall provide the Trustee with the Commissionphysical copies of such information, documents or reports. Delivery of such reports, information and documents to the Trustee is for informational purposes only, 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 Officer’s Officers’ Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.ARTICLE EIGHT

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such the Trust Indenture Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same is so required to be filed with the Commission; provided further that any such information, documents or reports filed with the Commission pursuant to its Electronic Data Gathering, Analysis and Retrieval (or XXXXX) system shall be deemed to be filed with the Trustee, provided further that the Trustee shall have no duty to determine whether such filing has occurred. Delivery of such reports, information and documents to the Trustee is for informational purposes only, 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 Officer’s Officers’ Certificates). Such informationARTICLE EIGHT CONSOLIDATION, documentsMERGER, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to HoldersCONVEYANCE, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.TRANSFER OR LEASE

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same is so filed with the Commission. Notwithstanding anything to the contrary in the foregoing, the Company will be deemed to have filed such information, documents and reports referred to in the previous sentence with the Trustee if the Company has filed such information, documents and reports with the Commission via its Electronic Data Gathering, Analysis and Retrieval System (or any successor system) and such information, documents and reports are publicly available. Delivery of such reportsinformation, information documents and documents reports to the Trustee is for informational purposes only, only and the Trustee’s receipt of such shall not constitute actual or constructive knowledge or 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 Officer’s Officers’ Certificates). Such information, documents, reports and summaries The Company shall be deemed to have been (i) filed by the Company with notify the Trustee when any Securities are listed on any stock exchange and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect delisting thereof, is not prohibited by the Act.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 fifteen (15) days after the Company files the same is so required to be filed with the Commission. Delivery of such reports, information and documents to the Trustee is for informational purposes only, 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 Officer’s 's Certificates). Such informationUpon the written request and at the expense of and payable in advance by any Holder, documentsthe Trustee shall provide such reports, reports and summaries information or documents as have been provided to it under this Section 704. The Trustee shall not have any obligation to review any report, information or documents provided to the Trustee by the Company pursuant to this Section 704, nor shall the Trustee be deemed to have been (i) filed by the Company notice of any item contained therein or Event of Default which may be disclosed therein in any manner. The Trustee's sole responsibility with the Trustee and (ii) transmitted by the Company respect to Holders, such reports shall be to act as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and depository for such reports are publicly available, in each case for the Holders and to make such reports available to the extent Holders in accordance with this Section 704. The Trustee shall have no duty to request copies of any such filing with the XXXXX filing system (reports, information or any successor filing system) and the foregoing effect thereof, is not prohibited by the Actdocuments which are required to be furnished to it hereunder.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such the Trust Indenture Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same with the Commission. 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 Officer’s Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX EXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX EXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.. Article VIII. CONSOLIDATION, MERGER, CONVEYANCE, TRANSFER OR LEASE

Reports by Company. The Company and any Guarantor shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act Act, if any, at the times and in the manner provided pursuant to such the Trust Indenture Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall need not be filed with the Trustee within 15 days until the 15th day after the Company files the same are actually filed with the Commission; and provided further that the filing of any such information, documents or reports by the Company on the EXXXX system maintained by the Commission (or any successor system thereto) shall constitute filing with the Trustee. Delivery of such reports, information and documents to the Trustee is for informational purposes only, 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 compliance by the Company or any Guarantor with any of its their covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Officers' Certificates or Guarantor's Officers' Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.). ARTICLE VIII

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to the Holders, upon request, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same with the Commission. Delivery of such reports, information and documents to the Trustee is for informational purposes onlyonly and shall not constitute a representation or warranty as to the accuracy or completeness of the reports, information and documents. All required reports, information and documents referred to in this Section 7.4 shall be deemed filed with the Trustee and transmitted to the Holders at the time such reports, information or documents are publicly filed with the Commission via the Commission’s XXXXX filing system (or any successor system), and shall not require any additional or separate filing with the Trustee, or transmittal to the Holders by the Company to satisfy its obligations hereunder, it being understood that the Trustee shall have no responsibility to determine whether any filings by the Company have been made. 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 Officer’s Certificates). Such informationThe Trustee shall not be obligated to monitor or confirm, documentson a continuing basis or otherwise, reports and summaries shall be deemed to have been (i) filed by the Company our compliance with the Trustee and (ii) transmitted by the Company covenants or with respect to Holders, as the case may be, if the Company has any reports or other documents filed such information, documents, reports and summaries with the Commission using the SEC or XXXXX filing system (or any successor filing system) and such reports are publicly availablewebsite under this Indenture, or participate in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Actconference calls.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such the Trust Indenture Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same is so required to be filed with the Commission. The Company shall be deemed to have complied with the previous sentence to the extent that such information, documents and reports are filed with the Commission via XXXXX (or any successor electronic delivery procedure); provided , however , that the Trustee shall have no obligation whatsoever to determine whether or not such information, documents or reports have been filed pursuant to the XXXXX system (or its successor). Delivery of such reports, information and documents to the Trustee is for informational purposes only, 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 pursuant to Article Ten herein (as to which the Trustee is entitled to rely exclusively on Officer’s Officers’ Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.

Reports by Company. The Company shall file with the Trustee and the Commission, copies of the annual reports and transmit to Holders, such of the information, documents documents, and other reports, reports (or copies of such portions of any of the foregoing as the Commission may by rules and such summaries thereof as may regulations prescribe) which the Company would be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act if the Company had a class of securities registered with the Commission under the Exchange Act or were otherwise required to file annual or other reports under the Exchange Act. In addition, if the Company is not required to file information, documents, or reports pursuant to either of such Sections, the Company shall be filed file with the Trustee and the Commission, in accordance with rules and regulations prescribed by the Commission, such of the supplementary and periodic information, documents, and reports which may be required pursuant to Section 13 of the Exchange Act, in respect of a security listed and registered on a national securities exchange as may be prescribed in such rules and regulations. The Company shall also file with the Trustee and the Commission, in accordance with rules and regulations prescribed by the Commission, such additional information, documents, and reports with respect to compliance by the Company with the conditions and covenants provided for in this Indenture, as may be required by such rules and regulations. The Trustee shall mail to the Holders, at the expense of the Company, within 15 fifteen (15) days after receipt by it, copies of the quarterly and annual reports and of the information, documents and other reports that the Company files the same is required to file with the CommissionTrustee pursuant to this Section 704 which are received from the Company in tangible form. The Company also shall comply with the provisions of Section 314(a) of the Trust Indenture Act. Delivery of such reports, information and documents to the Trustee is for informational purposes only, 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 NY1-463085 EXECUTION compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Officers' Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such the Trust Indenture Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same is so required to be filed with the Commission. The Company shall be deemed to have complied with the previous sentence to the extent that such information, documents and reports are filed with the Commission via EXXXX (or any successor electronic delivery procedure); provided, however, that the Trustee shall have no obligation whatsoever to determine whether or not such information, documents or reports have been filed pursuant to the EXXXX system (or its successor). Delivery of such reports, information and documents to the Trustee is for informational purposes only, only and the Trustee’s receipt of such shall not constitute actual or constructive knowledge or notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder pursuant to Article Ten herein (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same is so required to be filed with the Commission. In the event the Company is not subject to Section 13 or 15(d) of the Exchange Act, it shall file with the Trustee upon 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, 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 Officer’s Officers' Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) It is expressly understood that materials transmitted electronically by the Company to Holders, as the case may be, if the Company has Trustee shall be deemed filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly availableTrustee for purposes of this Section 7.04. ARTICLE 8 CONSOLIDATION, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereofMERGER, is not prohibited by the Act.CONVEYANCE, TRANSFER OR LEASE

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such the Trust Indenture Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same with the Commission. 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 Officer’s Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX EXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX EXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.. ARTICLE VIII. CONSOLIDATION, MERGER, CONVEYANCE, TRANSFER OR LEASE

Reports by Company. The To the extent any Securities of any Series are outstanding, the Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such the Trust Indenture Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same is so required to be filed with the Commission. Reports, information and documents filed with the SEC via the EXXXX system will be deemed to be delivered to the Trustee as of the time of such filing via EXXXX for purposes of this Section 7.4. Delivery of such reports, information and documents to the Trustee is under this Section 7.4 are for informational purposes only, only and the Trustee’s receipt of such the foregoing 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 their covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). Such informationThe Trustee shall not have any liability or responsibility for the filing, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed timeliness or content of such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Actreports.

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to HoldersHolders of Securities, such information, documents and other reports, including financial information and statements and such summaries thereof thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same is so required to be filed with the Commission. For purposes of this Section 7.04, as long as the financial statements or reports are publicly available and accessible electronically by the Trustee, the filing or electronic publication of such financial statements or reports shall comply with the Company’s obligation to deliver such statements and reports to the Trustee hereunder. The Company shall provide the Trustee with prompt written notification at such time that the Company becomes or ceases to be a reporting company. The Trustee shall have no obligation to determine if and when the Company’s financial statements or reports are publicly available and accessible electronically. Delivery of such reports, information and documents to the Trustee is for informational purposes only, only and the Trustee’s receipt of such shall not constitute constructive notice (other than with respect to notice of an Event of Default pursuant to Section 10.05 hereof) 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 Officer’s Directors’ Certificates). Such informationARTICLE EIGHT CONSOLIDATION, documentsMERGER, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to HoldersCONVEYANCE, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.TRANSFER OR LEASE

Reports by Company. The Company shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed with the Trustee within 15 days after the Company files the same with the Commission. 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 knowledge or 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 Officer’s Officers’ Certificates). Such information, documents, reports and summaries shall be deemed to have been (i) filed by the Company with the Trustee and (ii) transmitted by the Company to Holders, as the case may be, if the Company has filed such information, documents, reports and summaries with the Commission using the XXXXX filing system (or any successor filing system) and such reports are publicly available, in each case to the extent such filing with the XXXXX filing system (or any successor filing system) and the foregoing effect thereof, is not prohibited by the Act.