Common use of Reports by the Issuer Clause in Contracts

Reports by the Issuer. Each of the Issuer and the Guarantor covenants to file with the Trustee, within 15 days after the Issuer or the Guarantor, as the case may be, is required to file the same with the Commission, copies of the annual reports and of the information, documents, and other reports that the Issuer or the Guarantor may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act. Reports, information and documents filed by the Issuer or the Guarantor with the Commission via the XXXXX system will be deemed filed with the Trustee for purposes of this Section 3.07 as of the time that such reports, information and documents are filed via XXXXX. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute actual or constructive notice of any information contained therein or determinable from information contained therein, including the Issuer’s or the Guarantor’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). Notwithstanding the foregoing, if any parent entity of the Issuer has filed with the Commission the information described in this Section 3.07 with respect to such parent entity of the Issuer, the Issuer shall be deemed to be in compliance with the provisions of this Section 3.07; provided that, if such parent entity has material assets or operations other than those that are owned or operated by the Issuer and its subsidiaries, such parent entity will provide to the Trustee and the Holders of the Securities financial information that explains in reasonable detail the differences between the information relating to such parent entity, on the one hand, and the information relating to the Issuer and its subsidiaries, on the other hand. The Trustee shall have no obligation to determine if and when the reports, information and documents of the Issuer or the Guarantor are filed with the Commission via the XXXXX system and available on the Commission’s XXXXX website. If the Guarantor ceases to be a reporting company with the Commission, it shall provide the Trustee with prompt written notification at that time and shall provide the Trustee with such reports, information and documents as set forth in this Section 3.07.

Reports by the Issuer. Each of the The Issuer and the Guarantor covenants to file with the Trustee, within 15 days after the Issuer or the Guarantor, as the case may be, is required to file the same with the CommissionSEC, copies of the annual reports and of the information, documents, and other reports that (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) which the Issuer or the Guarantor may be required to file with the Commission SEC pursuant to Section 13 or Section 15(d) of the Exchange Act. Reports, information or if the Issuer is not required to file information, documents, or reports pursuant to either of such sections, then to file with the Trustee, in accordance with rules and documents filed regulations prescribed from time to time by the SEC, such of the supplementary and periodic information, documents, and reports which may be required pursuant to Section 13 of the Exchange Act; or, in respect of a security listed and registered on a national securities exchange or on NASDAQ as may be prescribed from time to time in such rules and regulations. At any time when the Issuer is not subject to Section 13 or 15(d) of the Exchange Act, upon request of Holders and prospective purchasers of Securities or the Guarantor with Class A Common Stock issuable upon conversion thereof, the Commission via the XXXXX system Issuer will promptly furnish or cause to be deemed filed with the Trustee for purposes of this Section 3.07 as furnished to such holders and prospective purchasers, copies of the time that information required to be delivered to such reports, information holders and documents are filed via XXXXXprospective purchasers of such securities pursuant to Rule 144A(d)(4) under the Securities Act (or any successor provision thereto) in order to permit compliance with Rule 144A in connection with resales by such holders of such securities. The Issuer will pay the expenses of printing and distributing to such holders and prospective purchasers all such documents. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s 's receipt of such shall not constitute actual or constructive notice of any information contained therein or determinable from information contained therein, including the Issuer’s or the Guarantor’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Officers' Certificates). Notwithstanding the foregoing, if any parent entity of the Issuer has filed with the Commission the information described in this Section 3.07 with respect to such parent entity of the Issuer, the Issuer shall be deemed to be in compliance with the provisions of this Section 3.07; provided that, if such parent entity has material assets or operations other than those that are owned or operated by the Issuer and its subsidiaries, such parent entity will provide to the Trustee and the Holders of the Securities financial information that explains in reasonable detail the differences between the information relating to such parent entity, on the one hand, and the information relating to the Issuer and its subsidiaries, on the other hand. The Trustee shall have no obligation to determine if and when the reports, information and documents of the Issuer or the Guarantor are filed with the Commission via the XXXXX system and available on the Commission’s XXXXX website. If the Guarantor ceases to be a reporting company with the Commission, it shall provide the Trustee with prompt written notification at that time and shall provide the Trustee with such reports, information and documents as set forth in this Section 3.07.

Reports by the Issuer. Each of the The Issuer and the Guarantor covenants to shall file with the TrusteeTrustee and the SEC, within 15 days after the Issuer or the Guarantorand transmit to Holders, such information, documents and other reports, and such summaries thereof, as the case may be, is required to file the same with the Commission, copies of the annual reports and of the information, documents, and other reports that the Issuer or the Guarantor may be required pursuant to file the Trust Indenture Act at the times and in the manner provided in the Trust Indenture Act; provided that any such information, documents or reports required to be filed with the Commission SEC pursuant to Section Sections 13 or Section 15(d) of the Exchange Act. Reports, information and documents filed by the Issuer or the Guarantor with the Commission via the XXXXX system will Act shall be deemed filed with the Trustee for purposes within 30 calendar days after the same is filed with the SEC; provided further that the filing of the reports specified in Sections 13 or 15(d) of the Exchange Act by an entity that is the direct or indirect parent of the Issuer shall satisfy the requirements of this Section 3.07 10.02 so long as such entity is an obligor or guarantor on the Securities; provided further that the reports of such entity shall not be required to include condensed consolidating financial information for the time that Issuer in a footnote to the financial statements of such reports, information and documents are filed via XXXXXentity. Delivery of such reports, information and documents to the Trustee pursuant to this Section is for informational purposes only and the Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s or the Guarantor’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). Notwithstanding the foregoing, if any parent entity of It is expressly understood that materials transmitted electronically by the Issuer has to the Trustee or filed pursuant to the SEC’s XXXXX system (or any successor electronic filing system) shall be deemed filed with the Commission the information described in this Section 3.07 with respect Trustee and transmitted to such parent entity of the Issuer, the Issuer shall be deemed to be in compliance with the provisions Holders for purposes of this Section 3.07; provided that, if such parent entity has material assets or operations other than those that are owned or operated by the Issuer and its subsidiaries, such parent entity will provide to the Trustee and the Holders of the Securities financial information that explains in reasonable detail the differences between the information relating to such parent entity, on the one hand, and the information relating to the Issuer and its subsidiaries, on the other hand. The Trustee shall have no obligation to determine if and when the reports, information and documents of the Issuer or the Guarantor are filed with the Commission via the XXXXX system and available on the Commission’s XXXXX website. If the Guarantor ceases to be a reporting company with the Commission, it shall provide the Trustee with prompt written notification at that time and shall provide the Trustee with such reports, information and documents as set forth in this Section 3.0710.02.

Reports by the Issuer. Each of the The Issuer and the Guarantor covenants to file with the Trustee, within 15 days after the Issuer or the Guarantor, as the case may be, is required to file the same with the Commission, copies of the annual reports and of the information, documents, and other reports that the Issuer or the Guarantor may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act. Reports, information and documents filed by the Issuer or the Guarantor with the Commission via the XXXXX system will be deemed filed with the Trustee for purposes of this Section 3.07 as of the time that such reports, information and documents are filed via XXXXX. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute actual or constructive notice of any information contained therein or determinable from information contained therein, including the Issuer’s or the Guarantor’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). Notwithstanding the foregoing, if any parent entity of the Issuer has filed with the Commission the information described in this Section 3.07 with respect to such parent entity of the Issuer, the Issuer shall be deemed to be in compliance with the provisions of this Section 3.07; provided that, if such parent entity has material assets or operations other than those that are owned or operated by the Issuer and its subsidiaries, such parent entity will provide to the Trustee and the Holders of the Securities financial information that explains in reasonable detail the differences between the information relating to such parent entity, on the one hand, and the information relating to the Issuer and its subsidiaries, on the other hand. The Trustee shall have no obligation to determine if and when the reports, information and documents of the Issuer or the Guarantor are filed with the Commission via the XXXXX system and available on the Commission’s XXXXX website. If the Guarantor Issuer ceases to be a reporting company with the Commission, it shall provide the Trustee with prompt written notification at that time and shall provide the Trustee with such reports, information and documents as set forth in this Section 3.07.

Reports by the Issuer. Each For so long as any Securities are outstanding, if the Issuer is subject to Section 13(a) or 15(d) of the Issuer and the Guarantor covenants to file with the TrusteeExchange Act or any successor provision, within 15 days after the Issuer or will deliver to the Guarantor, as the case may be, is required to file the same with the Commission, copies of Trustee the annual reports, quarterly reports and of the information, documents, and other reports that the Issuer or the Guarantor may be documents which it is required to file with the Commission pursuant to Section 13 13(a) or 15(d) or any successor provision, within 15 days after the date that the Issuer files the same with the Commission. If the Issuer is not subject to Section 13(a) or 15(d) of the Exchange ActAct or any successor provision, and for so long as any Securities are outstanding, the Issuer will deliver to the Trustee the quarterly and annual financial statements and accompanying Item 303 of Regulation S-K disclosure (“management’s discussion and analysis of financial condition and results of operations”) that would be required to be contained in annual reports on Form 10-K and quarterly reports on Form 10-Q, respectively, required to be filed with the Commission if the Issuer was subject to Section 13(a) or 15(d) of the Exchange Act or any successor provision, within 15 days of the filing date that would be applicable to a non-accelerated filer at that time pursuant to applicable Commission rules and regulations. Reports, information Reports and other documents filed by the Issuer or the Guarantor with the Commission and publicly available via the XXXXX system or on the Issuer’s website will be deemed filed with to be delivered to the Trustee as of the time such filing is publicly available via XXXXX or on the Issuer’s website for purposes of this Section 3.07 as of covenant; provided, however, that the time that Trustee shall have no obligation whatsoever to determine whether or not such reportsinformation, information and documents are or reports have been filed or publicly available via XXXXXXXXXX or on the Issuer’s website. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute actual or constructive notice of any information contained therein or determinable from information contained therein, including the Issuer’s or the Guarantor’s its compliance with any of its covenants hereunder relating to the Securities (as to which the Trustee is entitled to rely exclusively on an Officer’s CertificatesCertificate). Notwithstanding the foregoing, if any parent entity of the Issuer has filed with the Commission the information described in this Section 3.07 with respect to such parent entity of the Issuer, the Issuer shall be deemed to be in compliance with the provisions of this Section 3.07; provided that, if such parent entity has material assets or operations other than those that are owned or operated by the Issuer and its subsidiaries, such parent entity will provide to the Trustee and the Holders of the Securities financial information that explains in reasonable detail the differences between the information relating to such parent entity, on the one hand, and the information relating to the Issuer and its subsidiaries, on the other hand. The Trustee shall have no obligation to determine if and when the reports, information and documents of the Issuer or the Guarantor are filed with the Commission via the XXXXX system and available on the Commission’s XXXXX website. If the Guarantor ceases to be a reporting company with the Commission, it shall provide the Trustee with prompt written notification at that time and shall provide the Trustee with such reports, information and documents as set forth in this Section 3.07.ARTICLE EIGHT

Reports by the Issuer. Each For so long as any Securities are outstanding, if the Issuer is subject to Section 13(a) or 15(d) of the Issuer and the Guarantor covenants to file with the TrusteeExchange Act or any successor provision, within 15 days after the Issuer or will deliver to the Guarantor, as the case may be, is required to file the same with the Commission, copies of Trustee the annual reports, quarterly reports and of the information, documents, and other reports that the Issuer or the Guarantor may be documents which it is required to file with the Commission pursuant to Section 13 13(a) or 15(d) or any successor provision, within 15 days after the date that the Issuer files the same with the Commission. If the Issuer is not subject to Section 13(a) or 15(d) of the Exchange ActAct or any successor provision, and for so long as any Securities are outstanding, the Issuer will deliver to the Trustee the quarterly and annual financial statements and accompanying Item 303 of Regulation S-K disclosure (“management’s discussion and analysis of financial condition and results of operations”) that would be required to be contained in annual reports on Form 10-K and quarterly reports on Form 10-Q, respectively, required to be filed with the Commission if the Issuer was subject to Section 13(a) or 15(d) of the Exchange Act or any successor provision, within 15 days of the filing date that would be applicable to a non-accelerated filer at that time pursuant to applicable Commission rules and regulations. Reports, information Reports and other documents filed by the Issuer or the Guarantor with the Commission and publicly available via the XXXXX system or on the Issuer’s website will be deemed filed with to be delivered to the Trustee as of the time such filing is publicly available via XXXXX or on the Issuer’s website for purposes of this Section 3.07 as of covenant; provided, however, that the time that Trustee shall have no obligation whatsoever to determine whether or not such reportsinformation, information and documents are or reports have been filed or publicly available via XXXXXXXXXX or on the Issuer’s website. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute actual or constructive notice of any information contained therein or determinable from information contained therein, including the Issuer’s or the Guarantor’s its compliance with any of its covenants hereunder relating to the Securities (as to which the Trustee is entitled to rely exclusively on an Officer’s CertificatesCertificate). Notwithstanding the foregoing, if any parent entity of the Issuer has filed with the Commission the information described in this Section 3.07 with respect to such parent entity of the Issuer, the Issuer shall be deemed to be in compliance with the provisions of this Section 3.07; provided that, if such parent entity has material assets or operations other than those that are owned or operated by the Issuer and its subsidiaries, such parent entity will provide to the Trustee and the Holders of the Securities financial information that explains in reasonable detail the differences between the information relating to such parent entity, on the one hand, and the information relating to the Issuer and its subsidiaries, on the other hand. The Trustee shall have no obligation to determine if and when the reports, information and documents of the Issuer or the Guarantor are filed with the Commission via the XXXXX system and available on the Commission’s XXXXX website. If the Guarantor ceases to be a reporting company with the Commission, it shall provide the Trustee with prompt written notification at that time and shall provide the Trustee with such reports, information and documents as set forth in this Section 3.07ARTICLE EIGHT.

Reports by the Issuer. Each of the The Issuer and the Guarantor covenants to shall file with the TrusteeTrustee and the SEC, within 15 days after the Issuer or the Guarantorand transmit to Holders, such information, documents and other reports, and such summaries thereof, as the case may be, is required to file the same with the Commission, copies of the annual reports and of the information, documents, and other reports that the Issuer or the Guarantor may be required pursuant to file the Trust Indenture Act at the times and in the manner provided in the Trust Indenture Act; provided that any such information, documents or reports required to be filed with the Commission SEC pursuant to Section 13 or Section 15(d) of the Exchange Act. Reports, information and documents filed by the Issuer or the Guarantor with the Commission via the XXXXX system will Act shall be deemed filed with the Trustee for purposes within 30 calendar days after the same is filed with the SEC; provided further that the filing of the reports specified in Section 13 or 15(d) of the Exchange Act by an entity that is the direct or indirect parent of the Issuer shall satisfy the requirements of this Section 3.07 10.02 so long as such entity is an obligor or guarantor on the Securities; provided further that the reports of such entity shall not be required to include condensed consolidating financial information for the time that Issuer in a footnote to the financial statements of such reports, information and documents are filed via XXXXXentity. Delivery of such reports, information and documents to the Trustee pursuant to this Section is for informational purposes only and the Trustee’s receipt of such shall not constitute actual or constructive notice of any information contained therein or determinable from information contained therein, including the Issuer’s or the Guarantor’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). Notwithstanding the foregoing, if any parent entity of It is expressly understood that materials transmitted electronically by the Issuer has to the Trustee or filed pursuant to the SEC’s XXXXX system (or any successor electronic filing system) shall be deemed filed with the Commission the information described in this Section 3.07 with respect Trustee and transmitted to such parent entity of the Issuer, the Issuer shall be deemed to be in compliance with the provisions Holders for purposes of this Section 3.07; provided that, if such parent entity has material assets or operations other than those that are owned or operated by the Issuer and its subsidiaries, such parent entity will provide to the Trustee and the Holders of the Securities financial information that explains in reasonable detail the differences between the information relating to such parent entity, on the one hand, and the information relating to the Issuer and its subsidiaries, on the other hand. The Trustee shall have no obligation to determine if and when the reports, information and documents of the Issuer or the Guarantor are filed with the Commission via the XXXXX system and available on the Commission’s XXXXX website. If the Guarantor ceases to be a reporting company with the Commission, it shall provide the Trustee with prompt written notification at that time and shall provide the Trustee with such reports, information and documents as set forth in this Section 3.0710.02.

Reports by the Issuer. Each For so long as any Securities are outstanding, if the Issuer is subject to Section 13(a) or 15(d) of the Issuer and the Guarantor covenants to file with the TrusteeExchange Act or any successor provision, within 15 days after the Issuer or will deliver to the Guarantor, as the case may be, is required to file the same with the Commission, copies of Trustee the annual reports, quarterly reports and of the information, documents, and other reports that the Issuer or the Guarantor may be documents which it is required to file with the Commission pursuant to Section 13 13(a) or 15(d) or any successor provision, within fifteen (15) days after the date that the Issuer files the same with the Commission. If the Issuer is not subject to Section 13(a) or 15(d) of the Exchange Act. ReportsAct or any successor provision, information and documents filed by for so long as any Securities are outstanding, the Issuer or will deliver to the Guarantor Trustee the quarterly and annual financial statements and accompanying Item 303 of Regulation S-K (“management’s discussion and analysis of financial condition and results of operations”) disclosure that would be required to be contained in annual reports on Form 10-K and quarterly reports on Form 10-Q required to be filed with the Commission if the Issuer was subject to Section 13(a) or 15(d) of the Exchange Act or any successor provision, within fifteen (15) days of the filing date that would be applicable to the Issuer at that time pursuant to applicable Commission rules and regulations. Reports and other documents filed with the Commission and publicly available via the XXXXX system or the Company’s website will be deemed filed with to be delivered to the Trustee as of the time of such filing is publicly available via XXXXX or on the Company’s website for purposes of this Section 3.07 as of covenant; provided, however, that the time that Trustee shall have no obligation whatsoever to determine whether or not such reportsinformation, information and documents or reports have been filed or are filed publicly available via XXXXXXXXXX or on the Company’s website. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute actual or constructive notice of any information contained therein or determinable from information contained therein, including the Issuer’s or the Guarantor’s its compliance with any of its the covenants hereunder relating to the Securities (as to which the Trustee is entitled to rely exclusively on an Officer’s CertificatesCertificate). Notwithstanding the foregoing, if any parent entity of the Issuer has filed with the Commission the information described in this Section 3.07 with respect to such parent entity of the Issuer, the Issuer shall be deemed to be in compliance with the provisions of this Section 3.07; provided that, if such parent entity has material assets or operations other than those that are owned or operated by the Issuer and its subsidiaries, such parent entity will provide to the Trustee and the Holders of the Securities financial information that explains in reasonable detail the differences between the information relating to such parent entity, on the one hand, and the information relating to the Issuer and its subsidiaries, on the other hand. The Trustee shall have no obligation to determine if and when the reports, information and documents of the Issuer or the Guarantor are filed with the Commission via the XXXXX system and available on the Commission’s XXXXX website. If the Guarantor ceases to be a reporting company with the Commission, it shall provide the Trustee with prompt written notification at that time and shall provide the Trustee with such reports, information and documents as set forth in this Section 3.07.ARTICLE EIGHT