Common use of Reports to Holders Clause in Contracts

Reports to Holders. (a) Whether or not Opco is then required to file reports with the SEC, Opco shall file with the SEC all such reports and other information as it would be required to file with the SEC by Sections 13(a) or 15(d) under the Exchange Act if it was subject thereto; provided, however, that, if filing such documents by Opco with the SEC is not permitted under the Exchange Act, Opco shall, within 15 days after the time Opco would be required to file such information with the SEC if it were subject to Section 13 or 15(d) under the Exchange Act, provide such documents and reports to the Trustee and upon written request supply copies of such documents and reports to any Holder and shall post such documents and reports on Opco’s public website. Opco shall supply the Trustee and each Holder or shall supply to the Trustee for forwarding to each such Holder, without cost to such Holder, copies of such reports and other information. Delivery of such information, documents and reports 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 Issuers’ compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). The Trustee shall have no duty to monitor whether any such filings on XXXXX have been made.

Reports to Holders. (a) Whether or not Opco is then required to file reports with the SEC, Opco shall file with the SEC all such reports and other information as it would be required to file with the SEC by Sections 13(a) or 15(d) under the Exchange Act if it was subject thereto; provided, however, that, if filing such documents by Opco with the SEC is not permitted under the Exchange Act, Opco shall, within 15 days after the time Opco would be required to file such information with the SEC if it were subject to Section 13 or 15(d) under the Exchange Act, provide such documents and reports to the Trustee and upon written request supply copies of such documents and reports to any Holder and shall post such documents and reports on Opco’s public website. Opco shall supply the Trustee and each Holder or shall supply to the Trustee for forwarding to each such Holder, without cost to such Holder, copies of such reports and other information. Delivery of such information, documents and reports 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 Issuers’ compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). The Trustee shall have no duty to monitor whether any such filings on XXXXX have been made.

Reports to Holders. (a) Whether or not Opco the Parent is then required to file reports with the SEC, Opco the Parent shall file with the SEC all such reports and other information as it would be required to file with the SEC by Sections Section 13(a) or 15(d) under the Exchange Act if it was subject thereto; provided, however, that, if filing such documents by Opco the Parent with the SEC is not permitted under the Exchange Act, Opco the Parent shall, within 15 days after the time Opco the Parent would be required to file such information with the SEC if it were subject to Section 13 or 15(d) under the Exchange Act, provide such documents and reports to the Trustee and upon written request supply copies of such documents and reports to any Holder and shall post such documents and reports on Opcothe Parent’s public website. Opco The Parent shall supply the Trustee and each Holder or shall supply to the Trustee for forwarding to each such Holder, without cost to such Holder, copies of such reports and other information. Delivery of such information, documents and reports 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 Issuers’ compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). The Trustee shall have no duty to monitor whether any such filings on XXXXX have been made.

Reports to Holders. (a) Whether or not Opco is then required to file reports with the SEC, Opco shall file with the SEC all such reports and other information as it would be required to file with the SEC by Sections 13(a) or 15(d) under the Exchange Act if it was subject thereto; provided, however, that, if filing such documents by Opco with the SEC is not permitted under the Exchange Act, Opco shall, within 15 days after the time Opco would be required to file such information with the SEC if it were subject to Section 13 or 15(d) under the Exchange Act, provide such documents and reports to the Trustee and upon written request supply copies of such documents and reports to any Holder and shall post such documents and reports on Opco’s or Parent’s public website. Opco shall supply the Trustee and each Holder or shall supply to the Trustee for forwarding to each such HolderHolder upon such holder’s written request, without cost to such Holder, copies of such reports and other informationinformation provided, that the filing of such reports and other information with the SEC through XXXXX (or any successor electronic reporting system of the SEC accessible to the public without charge) constitutes delivery to the trustee for purposes of this sentence. Delivery of such information, documents and reports 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 Issuers’ compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). The Trustee shall have no duty is not obligated to monitor whether any confirm that Opco has complied with its obligations contained in this Section 4.15 to provide such filings reports or post such reports and information on XXXXX have been madeits or its Parent’s public website.

Reports to Holders. (a) Whether or Notwithstanding that the Company may not Opco is then required to file reports with the SEC, Opco shall file with the SEC all such reports and other information as it would be required to file with be or remain subject to the SEC by Sections reporting requirements of Section 13(a) or 15(d) of the Exchange Act, so long as any Notes remain outstanding, the Company will file with or furnish to the Commission, within the time periods applicable to the Company under the Exchange Act if it was subject thereto; provided, however, that, if (unless such filing such documents by Opco with the SEC is not permitted under the Exchange ActAct or by the Commission), Opco shallthe annual reports, information, documents and other reports that the Company is required to file with the Commission pursuant to such Section 13(a) or 15(d) or would be so required to file if the Company were so subject. The Company will also, within 15 days after the time Opco date on which the Company so files the same with the Commission (or would be required to so file such information with if filing is not permitted by the SEC if it were subject to Section 13 or 15(d) under the Exchange ActCommission), provide such documents and reports deliver to the Trustee Holders by first-class mail to each Holder’s registered address and upon written request supply copies of such documents and reports to any Holder and shall post such documents and reports on Opco’s public website. Opco shall supply the Trustee and each Holder or shall supply to the Trustee for forwarding to each such Holder, without cost to such HolderTrustee, copies of such reports and other information. Delivery of any such information, documents and reports (without exhibits) so required to be filed. The availability of the foregoing materials on either the Commission’s Electronic Data Gathering, Analysis and Retrieval System (or any successor system) or on the Company’s website will be deemed to satisfy the Company’s delivery obligation. In addition, at any time when the Company or the Issuers are not subject to or are not current in its reporting obligations, the Company or the Issuers, as the case may be, will make available, upon request, to any Holder, to securities analysts and to any prospective purchaser of Notes the information required pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. 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 Issuers’ Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to conclusively rely exclusively on Officer’s Officers’ Certificates). The Trustee shall have no duty to monitor whether any such filings on XXXXX have been made.

Reports to Holders. (a) Whether or not Opco is then required to file reports with the SEC, Opco shall file with the SEC all such reports and other information as it would be required to file with the SEC by Sections 13(a) or 15(d) under the Exchange Act if it was subject thereto; provided, however, that, if filing such documents by Opco with the SEC is not permitted under the Exchange Act, Opco shall, within 15 days after the time Opco would be required to file such information with the SEC if it were subject to Section 13 or 15(d) under the Exchange Act, provide such documents and reports to the Trustee and upon written request supply copies of such documents and reports to any Holder and shall post such documents and reports on Opco’s or Parent’s public website. Opco shall supply the Trustee and each Holder or shall supply to the Trustee for forwarding to each such HolderHolder upon such holder’s written request, without cost to such Holder, copies of such reports and other informationinformation provided, that the filing of such reports and other information with the SEC through XXXXX (or any successor electronic reporting system of the SEC accessible to the public without charge) constitutes delivery to the Trustee for purposes of this sentence. Delivery of such information, documents and reports 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 Issuers’ compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). The Trustee shall have no duty is not obligated to monitor whether any confirm that Opco has complied with its obligations contained in this Section 4.15 to provide such filings reports or post such reports and information on XXXXX have been madeits or its Parent’s public website.

Reports to Holders. (a) Whether or Notwithstanding that the Company may not Opco is then required to file reports with the SEC, Opco shall file with the SEC all such reports and other information as it would be required to file with be or remain subject to the SEC by Sections reporting requirements of Section 13(a) or 15(d) of the Exchange Act, so long as any Notes remain outstanding, the Company will file with or furnish to the Commission, within the time periods applicable to the Company under the Exchange Act if it was subject thereto; provided, however, that, if (unless such filing such documents by Opco with the SEC is not permitted under the Exchange ActAct or by the Commission), Opco shallthe annual reports, information, documents and other reports that the Company is required to file with the Commission pursuant to such Section 13(a) or 15(d) or would be so required to file if the Company were so subject. The Company will also, within 15 days after the time Opco date on which the Company so files the same with the Commission (or would be required to so file such information with if filing is not permitted by the SEC if it were subject to Section 13 or 15(d) under the Exchange ActCommission), provide such documents and reports deliver to the Trustee and upon written request supply copies of such documents and reports Holders by first-class mail to any Holder and shall post such documents and reports on Opco’s public website. Opco shall supply the Trustee and each Holder or shall supply Holder's registered address, to the Trustee for forwarding Global Note Depositary and Custodian and to each such Holder, without cost to such Holderthe Trustee, copies of such reports and other information. Delivery of any such information, documents and reports (without exhibits) so required to be filed. The availability of the foregoing materials on either the Commission's Electronic Data Gathering, Analysis and Retrieval System (or any successor system) or on the Company's website will be deemed to satisfy the Company's delivery obligation. In addition, at any time when the Company or the Issuers are not subject to or are not current in its reporting obligations, the Company or the Issuers, as the case may be, will make available, upon request, to any Holder, to securities analysts and to any prospective purchaser of Notes the information required pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers’ Company's compliance with any of its covenants hereunder (as to which the Trustee is entitled to conclusively rely exclusively on Officer’s 's Certificates). The Trustee shall have no duty to monitor whether any such filings on XXXXX have been made.

Reports to Holders. (a) Whether or not Opco is then required to file reports with For so long as the SECNotes remain outstanding, Opco the Parent shall file with the SEC all such documents, reports and other information as it would be is required to file with the SEC by Sections 13(a) or 15(d) under the Exchange Act if it was subject theretoAct; provided, however, that, if filing such documents by Opco the Parent with the SEC is not permitted under the Exchange Act or if at any time the Parent is not subject to Sections 13 or 15(d) of the Exchange Act, Opco the Parent shall, within 15 days after the time Opco the Parent would be required to file such information with the SEC if it were subject to Section Sections 13 or 15(d) under the Exchange Act, provide such documents and reports to the Trustee and such documents, reports or other material disclosures as it would have been required to file with the SEC by Sections 13 or 15(d) of the Exchange Act, upon written request supply copies of such documents and reports to any Holder and and, at its option, shall post such documents and reports on Opcothe Parent’s public websitewebsite or post such documents and reports on Intralinks or any comparable password protected online data system requiring user identification and a confidentiality agreement (a “Confidential Datasite”). Opco If the Parent elects to furnish such reports and information via a Confidential Datasite, access to the Confidential Datasite shall be provided upon request to holders, beneficial owners of, and bona fide prospective investors in the Notes as well as securities analysts and market makers. The Parent shall supply the Trustee and each Holder or shall supply to the Trustee for forwarding to each such Holder, without cost to the Trustee or such Holder, copies of such reports and other information. Delivery of such information, documents and reports 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 Issuers’ compliance with any of its their covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). The Trustee shall have no duty to monitor whether any such filings on XXXXX have been made.

Reports to Holders. (a) Whether or not Opco is then required to file reports with For so long as the SECNotes remain outstanding, Opco the Parent shall file with the SEC all such documents, reports and other information as it would be is required to file with the SEC by Sections 13(a) or 15(d) under the Exchange Act if it was subject theretoAct; provided, however, that, if filing such documents by Opco the Parent with the SEC is not permitted under the Exchange Act or if at any time the Parent is not subject to Sections 13 or 15(d) of the Exchange Act, Opco the Parent shall, within 15 days after the time Opco the Parent would be required to file such information with the SEC if it were subject to Section Sections 13 or 15(d) under the Exchange Act, provide such documents and reports to the Trustee and such documents, reports or other material disclosures as it would have been required to file with the SEC by Sections 13 or 15(d) of the Exchange Act, upon written request supply copies of such documents and reports to any Holder and and, at its option, shall post such documents and reports on Opcothe Parent’s public websitewebsite or post such documents and reports on Intralinks or any comparable password protected online data system requiring user identification and a confidentiality agreement (a “Confidential Datasite”). Opco If the Parent elects to furnish such reports and information via a Confidential Datasite, access to the Confidential Datasite shall be provided upon request to holders, beneficial owners of, and bona fide prospective investors in the Notes as well as securities analysts and market makers. The Parent shall supply the Trustee and each Holder or shall supply to the Trustee for forwarding to each such Holder, without cost to the Trustee or such Holder, copies of such reports and other information. Delivery of such information, documents and reports 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 Issuers’ Issuer’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). The Trustee shall have no duty to monitor whether any such filings on XXXXX have been made.

Reports to Holders. (a) Whether or not Opco is then required to file reports with the SEC, Opco shall file with the SEC all such reports and other information as it would be required to file with the SEC by Sections 13(a) or 15(d) under the Exchange Act if it was subject thereto; provided, however, that, if filing such documents by Opco with the SEC is not permitted under the Exchange Act, Opco shall, within 15 days after the time Opco would be required to file such information with the SEC if it were subject to Section 13 or 15(d) under the Exchange Act, provide such documents and reports to the Trustee and upon written request supply copies of such documents and reports to any Holder and shall post such documents and reports on Opco’s or Parent’s public website. Opco shall supply the Trustee and each Holder or shall supply to the Trustee for forwarding to each such HolderHolder upon such holder’s written request, without cost to such Holder, copies of such reports and other informationinformation provided, that the filing of such reports and other information with the SEC through EXXXX (or any successor electronic reporting system of the SEC accessible to the public without charge) constitutes delivery to the trustee for purposes of this sentence. Delivery of such information, documents and reports 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 Issuers’ compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). The Trustee shall have no duty is not obligated to monitor whether any confirm that Opco has complied with its obligations contained in this Section 4.15 to provide such filings reports or post such reports and information on XXXXX have been madeits or its Parent’s public website.

Reports to Holders. (a) Whether or not Opco is then required to file reports with the SEC, Opco shall file with the SEC all such reports and other information as it would be required to file with the SEC by Sections 13(a) or 15(d) under the Exchange Act if it was subject thereto; provided, however, that, if filing such documents by Opco with the SEC is not permitted under the Exchange Act, Opco shall, within 15 days after the time Opco would be required to file such information with the SEC if it were subject to Section 13 or 15(d) under the Exchange Act, provide such documents and reports to the Trustee and upon written request supply copies of such documents and reports to any Holder and shall post such documents and reports on Opco’s or Parent’s public website. Opco shall supply the Trustee and each Holder or shall supply to the Trustee for forwarding to each such HolderHolder upon such holder’s written request, without cost to such Holder, copies of such reports and other informationinformation provided, that the filing of such reports and other information with the SEC through EXXXX (or any successor electronic reporting system of the SEC accessible to the public without charge) constitutes delivery to the Trustee for purposes of this sentence. Delivery of such information, documents and reports 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 Issuers’ compliance with any of its their covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). The Trustee shall have no duty is not obligated to monitor whether any confirm that Opco has complied with its obligations contained in this Section 4.15 to provide such filings reports or post such reports and information on XXXXX have been madeits or its Parent’s public website.

Reports to Holders. (a) Whether or not Opco is then required to file reports with For so long as the SECNotes remain outstanding, Opco the Parent shall file with the SEC all such documents, reports and other information as it would be is required to file with the SEC by Sections 13(a) or 15(d) under the Exchange Act if it was subject theretoAct; provided, however, that, if filing such documents by Opco the Parent with the SEC is not permitted under the Exchange Act or if at any time the Parent is not subject to Sections 13 or 15(d) of the Exchange Act, Opco the Parent shall, within 15 days after the time Opco the Parent would be required to file such information with the SEC if it were subject to Section Sections 13 or 15(d) under the Exchange Act, provide such documents and reports to the Trustee and such documents, reports or other material disclosures as it would have been required to file with the SEC by Sections 13 or 15(d) of the Exchange Act, upon written request supply copies of such documents and reports to any Holder and and, at its option, shall post such documents and reports on Opcothe Parent’s public websitewebsite or post such documents and reports on Intralinks or any comparable password protected online data system requiring user identification and a confidentiality agreement (a “Confidential Datasite”). Opco If the Parent elects to furnish such reports and information via a Confidential Datasite, access to the Confidential Datasite shall be provided upon request to holders, beneficial owners of, and bona fide prospective investors in the Notes as well as securities analysts and market makers. The Parent shall supply the Trustee and each Holder or shall supply to the Trustee for forwarding to each such Holder, without cost to the Trustee or such Holder, copies of such reports and other information. Delivery of such information, documents and reports 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 Issuers’ compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). The Trustee shall have no duty to monitor whether any such filings on XXXXX have been made.

Reports to Holders. (a) Whether Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or not Opco is then required 15(d) of the Exchange Act, to file reports with the SECextent permitted by the Exchange Act, Opco shall the Company will file with the SEC all such Commission, and provide to the Trustee and the Holders of the Notes, the annual reports and the information, documents and other information reports (or copies of such portions of any of the foregoing as it would be required to file with the SEC Commission may by rules and regulations prescribe) that are specified in Sections 13(a) or 13 and 15(d) under of the Exchange Act if it was subject theretowithin the time periods required; provided, however, thatthat availability of the foregoing materials on the Commission’s XXXXX service shall be deemed to satisfy the Company’s delivery obligations hereunder; provided, further, that the Trustee shall have no liability or responsibility whatsoever to determine if filing such documents by Opco with materials have been so made available. In the SEC event that the Company is not permitted under to file such reports, documents and information with the Commission pursuant to the Exchange Act, Opco shall, within 15 days after the time Opco would be required Company will nevertheless provide such Exchange Act information to file such information with the SEC Trustee and the Holders of the Notes as if it the Company were subject to the reporting requirements of Section 13 or 15(d) under of the Exchange Act, provide such documents and reports to Act within the Trustee and upon written request supply copies of such documents and reports to any Holder and shall post such documents and reports on Opco’s public website. Opco shall supply the Trustee and each Holder or shall supply to the Trustee for forwarding to each such Holder, without cost to such Holder, copies of such reports and other informationtime periods required by law. Delivery of such informationreports, information and documents and reports 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 Issuers’ Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively conclusively on an Officer’s CertificatesCertificate). The Trustee shall have no duty to monitor whether any such filings on XXXXX have been made.

Reports to Holders. (a) Whether or not Opco is then required to file reports with the SEC, Opco The Guarantor shall file with the SEC all such Trustee, within 15 days after the Guarantor files the same with the Commission, copies of the annual reports and of the information, documents and other information reports (or copies of such portions of any of the foregoing as it would the Commission may from time to time by rules and regulations prescribe) which the Guarantor may be required to file with the SEC by Sections 13(a) or 15(d) under the Exchange Act if it was subject thereto; provided, however, that, if filing such documents by Opco with the SEC is not permitted under the Exchange Act, Opco shall, within 15 days after the time Opco would be required to file such information with the SEC if it were subject Commission pursuant to Section 13 or Section 15(d) under of the Exchange Act; or, provide such if the Guarantor is not required to file information, documents and or reports pursuant to either of said Sections, then it shall file with the Trustee and upon written request supply copies the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of such documents the supplementary and reports to any Holder and shall post such documents and reports on Opco’s public website. Opco shall supply the Trustee and each Holder or shall supply to the Trustee for forwarding to each such Holder, without cost to such Holder, copies of such reports and other information. Delivery of such 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 from time to time in such rules and regulations. 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 Issuers’ Issuer’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Officers’ Certificates). The Trustee All references in this Agreement to the filing of documents with the Commission includes, at such time as is permitted pursuant to this Section, the delivering of the same to the Trustee. In addition, the Issuer shall have no duty and, at any time when the Guarantor is not required to monitor whether file information, documents or reports pursuant to those Sections stated in the first paragraph of this Section 4.7 the Guarantor shall, make available, upon request, to any such filings on XXXXX have been madeHolder and prospective purchaser of Notes the information required pursuant to Rule 144A(d)(4) under the Securities Act.

Reports to Holders. (a) Whether or Notwithstanding that the Company may not Opco is then required to file reports with the SEC, Opco shall file with the SEC all such reports and other information as it would be required to file with be or remain subject to the SEC by Sections reporting requirements of Section 13(a) or 15(d) of the Exchange Act, so long as any Notes remain outstanding, the Company will file with or furnish to the Commission, within the time periods applicable to the Company under the Exchange Act if it was subject thereto; provided, however, that, if (unless such filing such documents by Opco with the SEC is not permitted under the Exchange ActAct or by the Commission), Opco shallthe annual reports, information, documents and other reports that the Company is required to file with the Commission pursuant to such Section 13(a) or 15(d) or would be so required to file if the Company were so subject. The Company will also, within 15 days after the time Opco date on which the Company so files the same with the Commission (or would be required to so file such information with if filing is not permitted by the SEC if it were subject to Section 13 or 15(d) under the Exchange ActCommission), provide such documents and reports deliver to the Trustee Holders by first-class mail to each Holder’s registered address and upon written request supply copies of such documents and reports to any Holder and shall post such documents and reports on Opco’s public website. Opco shall supply the Trustee and each Holder or shall supply to the Trustee for forwarding to each such Holder, without cost to such HolderTrustee, copies of such reports and other information. Delivery of any such information, documents and reports (without exhibits) so required to be filed. The availability of the foregoing materials on either the Commission’s Electronic Data Gathering, Analysis and Retrieval System (or any successor system) or on the Company’s website will be deemed to satisfy the Company’s delivery obligation. In addition, at any time when the Company or the Issuers are not subject to or are not current in its reporting obligations, the Company or the Issuers, as the case may be, will make available, upon request, to any Holder, to securities analysts and to any prospective purchaser of Notes the information required pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. 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 Issuers’ Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to conclusively rely exclusively on Officer’s Certificates). The Trustee shall have no duty to monitor whether any such filings on XXXXX have been made.

Reports to Holders. (a) Whether or not Opco Parent is then required subject to file reports with Section 13(a) or 15(d) of the SECExchange Act, Opco shall Parent will electronically file with the SEC all such Commission, so long as the Notes are outstanding, the annual reports, quarterly reports and other information as it periodic reports that Parent would be required to file with the SEC by Sections Commission pursuant to Section 13(a) or 15(d) under if the Exchange Act if it was subject thereto; providedParent were so subject, however, that, if filing and such documents by Opco will be filed with the SEC is Commission on or prior to the respective dates (the “Required Filing Dates”) by which Parent would be required so to file such documents if Parent were so subject, unless, in any case, such filings are not then permitted under by the Exchange ActCommission. If such filings with the Commission are not then permitted by the Commission, Opco shall, Parent will make such filings available on its website within 15 days after of each Required Filing Date, and Parent will, without charge to the time Opco holders upon their written request, transmit by mail to Holders, as their names and addresses appear in the Note register, and file with the Trustee copies of the annual reports, quarterly reports and other periodic reports that Parent would be required to file such information with the SEC Commission pursuant to Section 13(a) or 15(d) of the Exchange Act if it Parent were subject to such Section 13 13(a) or 15(d) under the Exchange Actand, provide such documents and reports to the Trustee and promptly upon written request request, supply copies of such documents and reports to any Holder and shall post such documents and reports on Opco’s public website. Opco shall supply the Trustee and each prospective Holder or shall supply to the Trustee for forwarding to each such Holderbeneficial owner at Parent’s cost. In addition, without cost to such Holderso long as any Notes are outstanding, copies of such reports and other information. Delivery of such information, documents and reports 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 Issuers’ compliance with any of Parent will make available on its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). The Trustee shall have no duty to monitor whether any such filings on XXXXX have been made.website: