Common use of Reports Clause in Contracts

Reports. (a) So long as any Notes are outstanding, the Company will file with the SEC or make publicly available on a website, within the time periods (including any extension thereof) specified in the SEC’s rules and regulations: (1) all quarterly and annual reports that would be required to be filed with the SEC on Forms 10-Q and 10-K if the Company were required to file such reports as a non-accelerated filer; and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) 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 Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So long as any Notes are outstandingWhether or not the Company is subject to the reporting requirements of Section 13 or Section 15(d) of the Exchange Act, to the extent not prohibited by the Exchange Act, the Company will file with the SEC Commission, and make available to the Trustee and the Holders of Notes without cost to any Holder, the annual reports and the information, documents and other reports (or make publicly available on copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act and applicable to a website, U.S. corporation within the time periods (including any extension thereof) specified in therein with respect to an accelerated filer. In the SEC’s rules event that the Company is not permitted to file such reports, documents and regulations: (1) all quarterly and annual reports that would be required to be filed information with the SEC on Forms 10-Q Commission pursuant to the Exchange Act, the Company will nevertheless make available such Exchange Act information to the Trustee and 10-K the Holders of the Notes without cost to any Holder as if the Company were required subject to file such reports as the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods specified therein with respect to a non-accelerated filer; and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company of If the Company has designated any of any Annual Report on Form 10-Kits Subsidiaries as Unrestricted Subsidiaries, Quarterly Report on Form 10- Q or Current Report on Form 8-Kthen, containing the required information with respect to the Company or parent companyextent material, as applicable, the quarterly and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such annual financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a4.04(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or thereto, and in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) , of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (fc) The Company shall furnish file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Holders Commission, such additional information, documents and Beneficial Owners reports with respect to compliance by the Company with the conditions and covenants of the Notes, prospective investors, broker-dealers this Indenture as may be required from time to time by such rules and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Actregulations. (gd) The availability of the foregoing information or reports on the SEC’s website or the Company’s website will be deemed to satisfy the foregoing delivery requirements. (e) Delivery of such reports, information and documents to the Trustee is pursuant to this Section 4.04 shall be 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 the covenants hereunder contained in the Indenture (as to which the Trustee is will be entitled to conclusively rely exclusively on upon an Officers’ CertificatesCertificate). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise. (f) In addition, the Company’s or Company and the Subsidiary Guarantors, for so long as any other Person’s compliance with any of the covenants under this IndentureNotes remain Outstanding, shall be required to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents deliver all reports and other reports information required to ensure compliance with be delivered under the provisions of this Indenture, to ascertain TIA within the correctness or otherwise of time periods set forth in the information or the statements contained therein or to participate in any conference callsTIA.

Reports. (a) So Whether or not required by the rules and regulations of the SEC, so long as any Notes are outstanding, the Company will file with shall furnish to the SEC or make publicly available on a website, Trustee and the Holders of Notes within the time periods (including any extension thereof) specified in the SEC’s 's rules and regulations: regulations (1i) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the SEC on Forms 10-Q and 10-K (or any successor forms) if the Company were required to file such reports as forms, including a non-accelerated filer; "Management's Discussion and Analysis of Financial Condition and Results of Operations" and , with respect to the annual information only, a report on the annual financial statements by the Company's certified independent accountants and (2ii) all current reports that would be required to be filed with the SEC on Form 8-K (or any successor forms) if the Company were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied . In addition, whether or not required by the filing rules and regulations of the SEC, the Company shall file a copy of all such information and reports with the SEC for public availability by any direct or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the time period required under periods specified in the SEC's rules and regulations of (unless the SEC for will not accept such a filing) and make such information available to securities analysts and prospective investors upon request. The Company shall at all times comply with TIA Section 314(a). (b) If the filing Company has designated any of such forms; provided thatits Subsidiaries as Unrestricted Subsidiaries, if applicable, any such then the quarterly and annual financial information required by the preceding paragraph will Section 4.03(a) shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or thereto, and in a separate discussion (which may be contained in the “"Management’s 's Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report)", if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) 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 Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So Whether or not required by the rules and regulations of the SEC, so long as any Notes are outstanding, the Company will furnish to the Trustee and the Holders of Notes or cause the Trustee to furnish to the Holders of Notes (or file with the SEC or make publicly available on a website, for public availability) within the time periods (including any extension thereof) specified in the SEC’s rules and regulations: (1) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the SEC on Forms 10-Q and 10-K if the Company were required to file such reports as Forms, including a non-accelerated filer“Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, a report on the annual financial statements by the Company’s independent registered public accountants; and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied . In addition, whether or not required by the filing rules and regulations of the SEC, the Company will file a copy of all such information and reports referred to in clauses (1) and (2) above with the SEC for public availability by any direct or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the time period required under periods specified in the SEC’s rules and regulations of regulations, unless the SEC for the filing of will not accept such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one handfiling, and the make such information available to securities analysts and prospective investors upon request. The Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), will at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to all times comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by TIA Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished314(a); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) . Delivery of such reports, information and documents to the Trustee is for informational purposes only, only and the Trustee’s receipt of such shall will 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 Officers’ Certificates). (b) For so long as any Notes remain outstanding, the Company and the Guarantors will furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. (c) If the Company is no longer subject to the periodic reporting requirements of the Exchange Act for any reason, the Company will nevertheless continue filing the reports specified in the preceding paragraphs of this Section 4.03 with the SEC within the time periods specified above unless the SEC will not accept such a filing. The Trustee shall have no duty Company agrees that it will not take any action for the purpose of causing the SEC not to monitor or confirmaccept any such filings. If, on a continuing basis or otherwisenotwithstanding the foregoing, the SEC will not accept the Company’s or filings for any other Person’s compliance with any of reason, the covenants under this Indenture, Company will post the reports referred to determine whether such reports, information or documents are filed in the preceding paragraphs on its website within the time periods that would apply if it was required to file those reports with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference callsSEC.

Reports. (a) So Whether or not required by the rules and regulations of the Commission, so long as any Notes Securities are outstanding, the Company will file with furnish the SEC or make publicly available on a websiteTrustee, within for delivery to the time periods (including any extension thereof) specified in Holders of the SEC’s rules and regulationsSecurities upon their written request therefor: (1i) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the SEC Commission on Forms 10-Q and 10-K if the Company were required to file such reports as Forms, including a non-accelerated filer; and (2) all current reports “Management’s Discussion and Analysis of Financial Condition and Results of Operations” that would be required to be filed with describes the SEC on Form 8-K if the Company were required to file such reports. (b) The requirements financial condition and results of Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company operations of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentationits consolidated Subsidiaries (showing in reasonable detail, either on the face of the financial statements or in the footnotes thereto or and in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations,” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any) and, onwith respect to the annual information only, and interest, if any, on, a report thereon by the Notes have been accelerated in accordance Company’s certified independent accountants; and (ii) all current reports that would be required to be filed with the terms of this Indenture Commission on Form 8-K if the Company were required to file such reports, in each case within the time periods specified in the Commission’s rules and such acceleration has not been rescinded or cancelled prior to such cure. (f) regulations. The Company shall furnish to at all times comply with TIA § 314(a). Provided that, the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) Delivery 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 actual or constructive knowledge or notice of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with any of its covenants hereunder or under the Indenture (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee shall have no duty to monitor . (b) In addition, whether or confirm, on a continuing basis or otherwisenot required by the rules and regulations of the Commission, the Company’s or any other Person’s compliance with any Company will file a copy of the covenants under this Indenture, to determine whether all such reports, information or documents are filed and reports with the SEC or made publicly Commission for public availability within the time periods specified in the Commission’s rules and regulations (unless the Commission will not accept such a filing) and make such information available on a website, to examine such reports, information, documents securities analysts and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference callsprospective investors upon request.

Reports. (a) So Whether or not required by the Commission’s rules and regulations, so long as any Notes are outstanding, the Company will furnish to the Trustee, within 30 days after a large accelerated filer would be required to file such reports with the SEC or make publicly available on a website, within Commission under the time periods (including any extension thereof) specified in the SECCommission’s then existing rules and regulations: (1) all quarterly and annual reports of the Company containing substantially all of the information that would be have been required to be filed with the SEC on Forms 10-Q and 10-K if the Company were required to file such reports as a non-accelerated filer; and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company of the Company of any contained in an Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing K under the required information with respect to Exchange Act if the Company or parent company, as applicable, and filed within the time period required had been a reporting company under the rules and regulations of the SEC for the filing of such forms; provided thatExchange Act, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion including (which may be contained in the A) “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section and (B) audited financial statements prepared in accordance with GAAP as in effect from time to time; (2) quarterly reports of the applicable quarterly or annual report), if any, between the financial information Company containing substantially all of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be information that would have been required to contain the separate financial information for Guarantors as contemplated by Rule 13be contained in a Quarterly Report on Form 10-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G Q under the Exchange Act or Item 10(eif the Company had been a reporting company under the Exchange Act, including (A) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section and (B) unaudited quarterly financial statements prepared in accordance with GAAP as in effect from time to time and reviewed pursuant to Statement on Auditing Standards No. 100 (or any successor provision); and (3) current reports containing substantially all of the applicable quarterly information that would have been required to be contained in a Current Report on Form 8-K under the Exchange Act if the Company had been a reporting company under the Exchange Act; provided, however, that no such current report will be required to be furnished if the Company determines in its good faith judgment that such event is not material to the Holders or annual report) of the business, assets, operations, financial condition and results of operations positions or prospects of the Company and its Restricted Subsidiaries separate from Subsidiaries, taken as a whole. Notwithstanding the financial condition and results of operations foregoing, in no event will the Company be required by this Indenture to (A) comply with Section 302 or Section 404 of the Unrestricted Subsidiaries ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002, or related Items 307 and 308 of Regulation S-K promulgated by the Commission, or Item 10(e) of Regulation S-K (with respect to any non-GAAP financial measures contained therein) and Regulation G, (B) include the separate financial information for Guarantors or other entities contemplated by Rule 3-10 and/or 3-16 of Regulation S-X promulgated by the Commission or (C) provide any additional information in respect of Item 402 of Regulation S-K beyond information of the type included in the Offering Memorandum. The Company. ’s reporting obligations with respect to clauses (e1) Any through (3) above will be satisfied in the event it timely files such reports with the Commission on ▇▇▇▇▇ and such reports are publicly available. So long as any Notes are outstanding, if at any time the Company is not filing with the Commission the reports required by the preceding paragraphs of this Section 4.03, the Company will also maintain a website to which Holders, prospective investors, broker-dealers and securities analysts are given access and to which all Defaults or Events of Default arising from a failure to furnish in a timely manner any information the reports and press releases required by this Section 4.03 shall be deemed cured (and are posted. In addition, if at any time the Company shall be deemed to be in compliance is not filing with this covenant) upon furnishing such information as contemplated the Commission the reports required by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on4.03, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the NotesHolders, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable constitute “restricted securities” under the Securities ActRule 144. (g) 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 Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So long as any Notes are outstanding, the Company will file with the SEC (if the Company is required to do so by the rules or make publicly available on a regulations of the SEC), and will, in any event, deliver to the Trustee and post to its investor relations website, : (i) within the time periods (including any extension thereof) specified in the SEC’s rules and regulations: regulations and in any event no later than 120 days after the end of each fiscal year (1) or if such day is not a Business Day, the first Business Day thereafter), all quarterly annual financial and annual reports other information with respect to the Company and its Subsidiaries that would be required to be filed with the SEC on Forms 10-Q and 10-K if the Company were required to file such reports as contained in a non-accelerated filer; and (2) all current reports that would be required to be filed filing with the SEC on Form 820-K if the Company were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company of the Company of any Annual Report on Form 10-KF, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include including a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section and a report thereon by the Company’s certified independent accountants, and (ii) within 60 days after the end of each of the applicable quarterly or annual reportfirst and third quarters of each fiscal year (and within 75 days after the end of the second quarter of each fiscal year), if anyreports on Form 6-K, between or any successor form, attaching (a) unaudited consolidated financial statements for the Company for the period then ended (and the comparable period in the prior year), in each case prepared in accordance with IFRS (as in effect on the date of such report or financial information) and (b) the information relating to the Company described in Item 5 of Form 20-F (i.e., Operating and Financial Review and Prospects). Without limiting the foregoing, unless the Company is required to do so by the rules and regulations of the parent companySEC, it need not comply with the applicable SEC form requirements, including, in particular, an auditor’s report on internal control over financial reporting, a financial statement audit in compliance with U.S. GAAS (an annual financial statement audit in compliance with IFRS and a report thereon by the one handCompany’s certified independent accountants will, however, be required as described above) or interactive data tagging; provided that the Company shall continue to publish exhibits of material contracts consistent with prior practices. The Company shall at all times comply with Section 314(a) of the TIA. (b) For so long as any Notes remain outstanding and during any period during which the Company is not subject to Section 13 or 15(d) of the Exchange Act nor exempt therefrom pursuant to Rule 12g3-2(b) under the Exchange Act, the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders holders of the Notes and Beneficial Owners prospective purchasers of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act Act. (c) For so long as the Notes are not freely transferable under listed on the Securities ActLuxembourg Stock Exchange and the rules of such stock exchange so require, the information referred to in Section 4.03(a) hereof shall also be made available, free of charge in Luxembourg through the offices of the Transfer Agent in Luxembourg. (gd) Delivery of such reports, information and documents reports to the SEC or receipt by the Trustee is for informational purposes only, and of the Trustee’s receipt of such documents specified in this Section 4.03 shall not constitute actual or constructive notice to the Trustee, or actual or constructive knowledge or notice of any information contained therein or determinable from information contained thereinby the Trustee, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether contents of such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference callsdocuments.

Reports. (a) So Regardless of whether required by the rules and regulations of the SEC, so long as any Notes are outstanding, the Company will file with the SEC or make publicly available on (unless the SEC will not accept such a website, filing) within the time periods (including any extension thereof) specified in the SEC’s rules and regulations, and upon request, the Company will furnish (without exhibits) to the Trustee for delivery to the Holders of Notes: (1) all quarterly and annual reports that would be required to be filed contained in a filing with the SEC on Forms 10-Q and 10-K if the Company were required to file such reports as forms, including a non-accelerated filer“Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, a report thereon by the Company’s certified independent accountants; and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. (b) The requirements of Company will be deemed to have furnished such reports and information described above in Section 4.03(a) may to the Holders of Notes (and the Trustee shall be satisfied by deemed to have delivered such reports and information to the filing Holders of Notes) if the Company has filed such reports or information, respectively, with the SEC for public availability by using the ▇▇▇▇▇ filing system (or any direct or indirect parent company successor filing system of the Company of any Annual Report on Form 10-KSEC) or, Quarterly Report on Form 10- Q if the SEC will not accept such reports or Current Report on Form 8-Kinformation, containing the required information with respect to if the Company has posted such reports or parent companyinformation, as applicablerespectively, on its website, and filed within the time period required under the rules and regulations such reports or information, respectively, are available to Holders of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other handNotes through internet access. (c) Notwithstanding For the foregoing in Section 4.03(a)avoidance of doubt, at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) such information will not be required to contain the separate financial information for Guarantors as contemplated by Rule 133-01 or 13-02 10 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons Persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions provisions, and (ii) such information shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that Except as provided above, all such reports will be prepared in all material respects in accordance with all of the rules and regulations applicable to such reports. (e) If the Company has designated any of the Company’s Significant its Subsidiaries are as Unrestricted Subsidiaries, then then, to the extent material, the quarterly and annual and quarterly financial reports information required by Section 4.03(a) above will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or thereto, and in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) , of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the its Unrestricted Subsidiaries of the CompanySubsidiaries. (ef) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any financial information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenantSection 4.03) upon furnishing such financial information as contemplated by this covenant Section 4.03 (but without regard to the date on which such information financial statement or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 under the provisions of Article 6 hereof if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (fg) In addition, the Company will hold and participate in annual conference calls with the Holders of Notes, Beneficial Holders of Notes, bona fide prospective investors, securities analysts and market makers to discuss the financial information required to be furnished pursuant to clause (1) of Section 4.03(a) hereof no later than ten Business Days after the distribution of such financial information. The Company shall be permitted to combine this conference call with any other conference call for other debt or equity holders or lenders. (h) The Company shall and the Guarantors agree that, for so long as any Notes remain outstanding, if at any time they are not required to file with the SEC the reports required by Section 4.03(a), the Company and the Guarantors will furnish to the Holders of Notes and Beneficial Owners of the Notes, to securities analysts and prospective investors, broker-dealers and securities analysts, upon their request, any the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (gi) Delivery of such reports, information and documents to the Trustee pursuant to this Section 4.03 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 an Officers’ CertificatesCertificate). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So long as any Notes are outstandingFSIC has timely filed or furnished all forms, statements, certifications, reports and documents that it was required to file since the Company will file Applicable Date with the SEC or make publicly available on a website(such filings since the Applicable Date, within the “FSIC SEC Reports”). No FSIC SEC Report, at the time periods (including any extension thereof) specified in filed or furnished with the SEC’s rules and regulations: (1) all quarterly and annual reports that would be , contained any untrue statement of a material fact or omitted to state any material fact required to be filed stated therein or necessary in order to make the statements made therein, in light of the circumstances in which they were made, not misleading. As of their respective dates, all FSIC SEC Reports complied as to form in all material respects with the SEC on Forms 10-Q and 10-K if the Company were required to file such reports as a non-accelerated filer; and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the time period required under the published rules and regulations of the SEC for with respect thereto. None of the Consolidated Subsidiaries of FSIC is required to make any filing with the SEC. (b) Neither FSIC nor any of such forms; provided its Consolidated Subsidiaries is subject to any cease-and-desist or other order or enforcement action issued by, or is a party to any Contract, consent agreement or memorandum of understanding with, or is a party to any commitment letter or similar undertaking to, any Governmental Entity that currently restricts in any material respect the conduct of its business (or to FSIC’s knowledge that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face upon consummation of the financial statements or Merger, would restrict in any material respect the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section conduct of the applicable quarterly business of FSIC or annual reportany of its Consolidated Subsidiaries), if anyor that in any material manner relates to its capital adequacy, between its ability to pay dividends, its credit, risk management or compliance policies, its internal controls, its management or its business, other than those of general application that apply to similarly situated BDCs or their Consolidated Subsidiaries, nor has FSIC or any of its Consolidated Subsidiaries been advised in writing or, to the financial information knowledge of FSIC, verbally, by any Governmental Entity that it is considering issuing, initiating, ordering, or requesting any of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other handforegoing. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports FSIC has made available to CCT all material correspondence with the SECSEC since the Applicable Date and, as of the reports provided pursuant date of this Agreement, to Section 4.03(a) the knowledge of FSIC, (i) will not be required there are no unresolved comments from the SEC with respect to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X FSIC SEC Reports or any financial statements SEC examination of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions FSIC and (ii) shall not be required to comply with Regulation G under none of the Exchange Act or Item 10(e) of Regulation S-K with respect FSIC SEC Reports is subject to any non-GAAP financial measures contained thereinongoing review by the SEC. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) 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 Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (aWhether or not Parent is subject to Section 13(a) So long as or 15(d) of the Exchange Act, or any Notes are outstandingsuccessor provision thereto, the Company will Parent shall file with the SEC Commission the annual reports, quarterly reports and other documents which Parent would have been required to file with the Commission pursuant to such Section 13(a) or make publicly available on a website15(d) or any successor provision thereto if Parent were subject thereto, within the time periods (including any extension thereof) specified in the SEC’s rules and regulations: (1) all quarterly and annual reports that would be required such documents to be filed with the SEC Commission on Forms 10-Q and 10-K if or prior to the Company were respective dates (the “Required Filing Dates”) by which Parent would have been required to file them. Parent or the Issuer shall also in any event (a) within 15 days of each Required Filing Date (i) transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such reports as a non-accelerated filer; and Holders, and (2ii) all current reports that would be required to be filed file with the SEC on Form 8-K if Trustee copies of the Company were annual reports, quarterly reports and other documents (without exhibits) which Parent would have been required to file such reports. with the Commission pursuant to Section 13(a) or 15(d) of the Exchange Act or any successor provisions thereto if Parent were subject thereto and (b) The requirements of Section 4.03(a) may be satisfied if filing such documents by the filing Parent with the SEC for public availability by Commission is not permitted under the Exchange Act, promptly upon written request, supply copies of such documents (without exhibits) to any direct or indirect parent company of prospective Holder. Notwithstanding the Company of any Annual Report on Form 10-Kforegoing, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing Parent and the required information with respect Issuer will be deemed to have furnished such reports to the Company or parent company, as applicable, and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, Trustee and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file Holders if Parent has filed such reports with the SEC, Commission via the reports provided pursuant to Section 4.03(a) ▇▇▇▇▇ filing system (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (iithereto) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes reports are not freely transferable under the Securities Act. (g) publicly available. 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 CompanyIssuer’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So Whether or not required by the SEC, so long as any Notes are outstanding, the Company will file with shall furnish to the SEC or make publicly available on a websiteHolders of Notes, within the time periods (including any extension thereof) specified in the SEC’s rules and regulations: (1i) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the SEC on Forms 10-Q and 10-K if the Company were required to file such reports as Forms, including a non-accelerated filer“Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, a report on the annual financial statements by the Company’s certified independent accountants; and (2ii) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied In addition, whether or not required by the filing SEC, the Company shall file a copy of all of the information and reports referred to in clauses (a)(i) and (ii) above with the SEC for public availability by any direct or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the time period required under periods specified in the SEC’s rules and regulations of (unless the SEC will not accept such a filing) and make such information available to prospective investors upon request. In addition, the Company shall, for so long as any Notes remain outstanding, furnish to the filing of such forms; provided thatHolders and to prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, if applicable, any such information is required to be delivered. (c) If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph will shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or thereto, and in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations,” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e. Notwithstanding anything herein to the contrary, the Company will not be deemed to have failed to comply with any of its obligations hereunder for purposes of Section 6.01(a)(iv) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner this Indenture until 120 days after the date any information required by report under this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) due. 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 (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So long as any Notes are outstanding, the The Company will shall furnish or file with the SEC or make publicly available on a websiteTrustee, within 15 days after it files the time periods same with the Commission, copies of the annual reports and the information, documents and other reports (including or copies of such portions of any extension thereof) specified in of the SEC’s foregoing as the Commission may by rules and regulations: (1regulations prescribe) all quarterly and annual reports that would be required to be filed with the SEC on Forms 10-Q and 10-K if the Company were is required to file such reports as a non-accelerated filer; and (2) all current reports that would be required to be filed with the SEC on Form 8-K if Commission pursuant to Section 13 or 15(d) of the Company were required to file such reportsExchange Act. (b) The If the Company is not subject to the requirements of Section 4.03(a13 or 15(d) may be satisfied of the Exchange Act and the Notes are subject to restrictions on transfer by the filing with the SEC for public availability by any direct or indirect parent company Persons other than Affiliates of the Company of any Annual Report on Form 10-Kunder Rule 144, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the time period required under the rules and regulations will furnish to all Holders of the SEC for Notes and prospective purchasers of the filing of such forms; provided that, if applicable, any such financial information required Notes designated by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon promptly on their request, any the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable promulgated under the Securities Act. (gc) For purposes of this Section 4.03, the Company shall be deemed to have furnished such reports and information to, or filed such reports and information with, the Trustee and the Holders of the Notes and prospective purchasers as required by this Section 4.03 if it has filed such reports or information with the Commission via the ▇▇▇▇▇ filing system or otherwise made such reports or information publicly available on a freely accessible page on the Company’s website; provided, however, that the Trustee shall have no obligation whatsoever to determine whether or not such reports and information have been posted on such website. (d) Delivery by the Company of any such reports, information and documents to the Trustee pursuant to this Section 4.03 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 Officers’ Certificates). The Trustee shall have is under no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether examine such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, Indenture or to ascertain the correctness or otherwise of the information or the statements contained therein. The Trustee is entitled to assume such compliance and correctness unless a Responsible Officer of the Trustee is informed, in writing, otherwise. Delivery by the Company of any such reports, information and documents to the Trustee pursuant to this Section 4.03 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 participate which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee is under no duty to examine such reports, information or documents to ensure compliance with the provisions of this Indenture or to ascertain the correctness or otherwise of the information or the statements contained therein. The Trustee is entitled to assume such compliance and correctness unless a Responsible Officer of the Trustee is informed, in any conference callswriting, otherwise.

Reports. (a) So Whether or not required by the Commission, so long as any Notes are outstanding, the Company will file with Issuers shall furnish to Holders and the SEC or make publicly available on a websiteTrustee, within the time periods (including any extension thereof) specified in the SECCommission’s rules and regulations: (1) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the SEC Commission on Forms 10-Q and 10-K if the Company Issuers were required to file such reports as forms, including a non-accelerated filer“Management’s Discussion and Analysis of Financial Condition and Results of Operations” section and, with respect to the annual information only, a report on the annual consolidated financial statements of the Company by its independent public accountants; and (2) all current reports that would be required to be filed with the SEC Commission on Form 8-K if the Company Issuers were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company of . If the Company has designated any of any Annual Report on Form 10-Kits Subsidiaries as Unrestricted Subsidiaries, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing then the required information with respect to the Company or parent company, as applicable, quarterly and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such annual financial information required by the preceding paragraph will shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or thereto, and in a separate discussion (which may be contained in the “Management’s 's Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. . Notwithstanding anything to the contrary set forth above, for so long as the Issuers are direct or indirect majority-owned Subsidiaries of any Parent (eor other Person which, directly or indirectly, owns a majority of the outstanding common equity interests of the Issuers), if such Parent (or other Person which, directly or indirectly, owns a majority of the outstanding common equity interests of the Issuers) Any has provided a guarantee with respect to the Notes and all Defaults has furnished Holders and filed electronically with the Securities and Exchange Commission, the reports described in the preceding paragraphs with respect to such Parent (or Events other Person which, directly or indirectly, owns a majority of Default arising from a failure to furnish in a timely manner the outstanding common equity interests of the Issuers) (including any consolidating financial information required by this Section 4.03 shall be deemed cured (and Regulation S-X relating to the Company Issuers), the Issuers shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms provisions of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) Section 4.03. 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 actual or constructive knowledge or notice of any information contained therein or determinable from information contained therein, including the Company’s Issuers’ compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ ' Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So Whether or not required by the rules and regulations of the SEC, so long as any Notes are outstanding, the Company will file with shall furnish to the SEC or make publicly available on a website, Holders of Notes within the time periods (including any extension thereof) specified in the SEC’s 's rules and regulations: regulations (1i) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the SEC on Forms 10-Q and 10-K if the Company and its Subsidiaries were required to file such reports as forms, including a non-accelerated filer; "Management's Discussion and Analysis of Financial Condition and Results of Operations" that describes the financial condition and results of operations of the Company and its consolidated Subsidiaries and , with respect to the annual information only, a report thereon by the Company's certified independent accountants and (2ii) all current reports that would be required to be filed with the SEC on Form 8-K if the Company and its Subsidiaries were required to file such reports. (b) The requirements . In addition, following consummation of Section 4.03(a) may be satisfied the Exchange Offer, whether or not required by the filing rules and regulations of the SEC, the Company shall file a copy of all such information and reports with the SEC for public availability within the time periods specified in the SEC's rules and regulations (unless the SEC will not accept such a filing) and make such information available to securities analysts and prospective investors upon request if not then publicly available. The Company shall at all times comply with TIA Section 314(a). Delivery by any direct or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) Delivery of such reports, information and documents to the Trustee is pursuant to TIA Section 314(a) shall be for informational purposes only, only and the Trustee’s '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 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ ' Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise. (b) For so long as any Notes remain outstanding, the Company’s or any other Person’s compliance with any Company and the Guarantors shall furnish to the Holders and to prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. (c) Notwithstanding the foregoing, such requirements shall be deemed satisfied prior to the commencement of the covenants under this Indenture, to determine whether such reports, information Exchange Offer or documents are filed the effectiveness of the Shelf Registration Statement by the filing with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or registration statement relating to the statements contained therein or to participate exchange offer and/or the Shelf Registration Statement, and any amendments thereto, of the Securities; provided that any such Registration Statement is filed within the time periods specified in any conference callsthe Registration Rights Agreement.

Reports. (a) So long as any Notes are outstanding, the Company will file with furnish to the SEC Holders of the Notes or make publicly available on a website, within the time periods (including any extension thereof) specified in the SEC’s rules and regulationsTrustee: (1) all quarterly no later than 90 days after the end of each fiscal year, (a) audited financial statements prepared in accordance with GAAP (with footnotes to such financial statements), including the audit report on such financial statements issued by the Company’s certified independent accountants, (b) a “Management’s Discussion and annual reports that would be required to be filed Analysis of Financial Condition and Results of Operations” consistent with the SEC on Forms 10-Q presentation thereof in the Offering Circular and 10-K if (c) a presentation of Adjusted EBITDA of the Company were required and its subsidiaries consistent with the presentation thereof in the Offering Circular and derived from such financial statements; (2) no later than 45 days after the end of each of the first three calendar quarters of each fiscal year, (a) unaudited quarterly financial statements prepared in accordance with GAAP (with condensed footnotes to file such reports as financial statements consistent with past practice), (b) a non-accelerated filer“Management’s Discussion and Analysis of Financial Condition and Results of Operations” consistent with the presentation thereof in the Offering Circular (but omitting the discussion included in the “Overview” section) and (c) a presentation of Adjusted EBITDA of the Company and its subsidiaries consistent with the presentation thereof in the Offering Circular and derived from such financial statements; and (23) all within ten business days after the occurrence of any of the following events, a current reports report that would be required contains a brief summary of the material terms, facts and/or circumstances involved to be filed with the SEC on Form 8-K if extent not otherwise publicly disclosed: (i) entry by the Company were required or a Restricted Subsidiary into an agreement outside the ordinary course of business that is material to file the Company and its Subsidiaries, taken as a whole, any material amendment thereto or termination of any such reportsagreement other than in accordance with its terms (excluding, for the avoidance of doubt, employee compensatory or benefit agreements or plans), (ii) completion of a merger of the Company with or into another Person or a material acquisition or disposition of assets by the Company or a Restricted Subsidiary outside the ordinary course of business, (iii) the institution of, or material development under, bankruptcy proceedings under the U.S. Bankruptcy Code or similar proceedings under state or federal law with respect to the Company, Finance Corp. or a Significant Subsidiary, (iv) the Company’s incurring Indebtedness outside the ordinary course of business that is material to the Company (other than under a Credit Facility or other arrangement which has been described in the Offering Circular or borrowings under a Credit Facility that has otherwise been disclosed previously), or a triggering event that causes the increase or acceleration of any such obligation and, in any such case, the consequences thereof are material to the Company or any Restricted Subsidiary. (b) The requirements of Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct Parent, the Company or indirect parent company a Subsidiary of either of the Company foregoing of (i) any Annual Report on Form 10-K, (ii) a Quarterly Report on Form 10- 10-Q or (iii) a Current Report on Form 8-K, containing the information required information by Section 4.03(a) or part thereof with respect to the Company or parent companyParent, as applicable, and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, that any such financial information required by of Parent contains information reasonably sufficient to identify the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report)material differences, if any, between the financial information of the parent companyParent, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding For the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SECavoidance of doubt, the reports information provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 133-01 or 13-02 10 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) such information shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) . At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports information required by Section 4.03(a4.03(b) (will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or thereto, and in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations,” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (ed) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any financial information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such financial information as contemplated by this covenant (but without regard to the date on which such information financial statement or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (e) The Company will hold and participate in conference calls with the Holders of the Notes, beneficial owners of the Notes, bona fide prospective investors, securities analysts and market makers to discuss the financial information required to be furnished pursuant to Section 4.03(a)(1) and Section 4.03(a)(2) no later than ten Business Days after distribution of such financial information, unless, in each case, the Company reasonably determines that to do so would conflict with applicable securities laws, including in connection with any pending offering of securities. The Company shall be permitted to combine this conference call with any other conference call for other debt or equity holders or lenders. The Company shall, no later than three Business Days prior to the date of the conference calls required to be held in accordance with this paragraph, announce the date and time of such conference calls and all information necessary to enable Holders of Notes and security analysts to obtain access to such calls. (f) So long as any Notes are outstanding, the Company will also maintain a website to which Holders, prospective investors, broker-dealers and securities analysts are given access (which may be password protected) and to which all of the reports required by this Section 4.03 are posted, unless they are otherwise publicly filed with the SEC. (g) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) 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 Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. By signing this Agreement, each Lender: (a) So long as any Notes are outstandingis deemed to have requested that the Administrative Agent furnish such Lender, the Company will file with the SEC or make publicly available on a websitepromptly after they become available, within the time periods (including any extension thereof) specified in the SEC’s rules and regulations: (1) copies of all quarterly and annual reports that would be financial statements required to be filed with delivered by the SEC on Forms 10-Q Parent Borrower hereunder and 10-K if all field examinations, audits and appraisals of the Company were required to file such reports as a non-accelerated filer; and Collateral received by the Agents (2) all current reports that would be required to be filed with collectively, the SEC on Form 8-K if the Company were required to file such reports.“Reports”); (b) The requirements of Section 4.03(a) may be satisfied by expressly agrees and acknowledges that the filing with the SEC for public availability by any direct or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) Administrative Agent (i) will not be required makes no representation or warranty as to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 accuracy of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-Xthe Reports, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under liable for any information contained in any Report; (c) expressly agrees and acknowledges that the Exchange Act Reports are not comprehensive audits or Item 10(e) examinations and that the Administrative Agent or any other party performing any audit or examination will inspect only specific information regarding the Loan Parties and will rely significantly upon the Loan Parties’ books and records, as well as on representations of Regulation S-K with respect to any non-GAAP financial measures contained therein.the Loan Parties’ personnel; (d) At agrees to keep all Reports confidential and strictly for its internal use, and not to distribute, except to its participants, or use any time that Report in any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company.other manner; and (e) Any without limiting the generality of any other indemnification provision contained in this Agreement, agrees (i) to hold the Administrative Agent and all Defaults any such other Lender preparing a Report harmless from any action the indemnifying Lender may take or Events conclusion the indemnifying Lender may reach or draw from any Report in connection with any Loans or Letters of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and Credit that the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard indemnifying Lender has made or may make to the date on which such information Parent Borrower, or report is so furnished); provided that such cure shall not otherwise affect the rights indemnifying Lender’s participation in, or the indemnifying Lender’s purchase of, a Loan or Loans of the Holders in Section 6.01 if the principal of, premium, if any, onParent Borrower; and (ii) to pay and protect, and interestindemnify, if anydefend, onand hold the Administrative Agent and any such other Lender preparing a Report harmless from and against, the Notes have been accelerated in accordance with claims, actions, proceedings, damages, costs, expenses, and other amounts (including attorney costs) incurred by the terms of this Indenture Agents and any such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long other Lender preparing a Report as the Notes are not freely transferable under the Securities Act. (g) 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 direct or constructive knowledge or notice indirect result of any information contained therein third parties who might obtain all or determinable from information contained therein, including part of any Report through the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference callsindemnifying Lender.

Reports. (a) So Whether or not required by the rules and regulations of the Commission, so long as any Notes are outstanding, the Company will furnish to Holders, or cause the Trustee to furnish to the Holders, or file with the SEC or make publicly available on a website, within the time periods (including any extension thereof) specified in the SEC’s rules and regulationsCommission for public availability: (1i) all quarterly and annual reports financial information that would be required to be filed with the SEC Commission on Forms 10-Q and 10-K if the Company were required to file such reports, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, a report thereon by the Company’s independent auditors, which financial information shall be filed within (or prior to effectiveness of an exchange offer registration statement within 15 days after) the time period for such reports as a non-accelerated filerspecified in the Commission’s rules and regulations; and (2ii) all current reports after effectiveness of an exchange offer registration statement, within the time periods specified in the Commission’s rules and regulations, the information that would be required to be filed with the SEC Commission in current reports on Form 8-K if the Company were required to file such reports. ; provided, however, that, in the case of clause (bi) The requirements of Section 4.03(a) may be satisfied by or (ii), if the filing with the SEC for public availability by any direct or indirect parent company of the Company last day of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the such time period required under is not a Business Day, such information will be due on the next succeeding Business Day. All such information will be prepared in all material respects in accordance with all of the rules and regulations of the SEC for Commission applicable to such information. (b) If the filing Company has designated any of such forms; provided its Subsidiaries as Unrestricted Subsidiaries (other than Unrestricted Subsidiaries that, if when taken together with all other Unrestricted Subsidiaries, are “minor” within the meaning of Rule 3-10 of Regulation S-X, substituting 5% for 3% where applicable), any such then the quarterly and annual financial information required by the preceding paragraph (a) of this Section 4.03 will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto thereto, or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its the Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the CompanySubsidiaries. (ec) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this This Section 4.03 shall be deemed cured (will not impose any duty on the Company under the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the related Commission rules that would not otherwise be applicable. (d) The Company shall will be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish furnished to the Holders and Beneficial Owners to prospective investors the information referred to in subclauses (i) and (ii) of paragraph (a) of this Section 4.03 or the Notes, information referred to in paragraph (b) of this Section 4.03 if the Company has posted such reports or information on the Company Website with access to current and prospective investors. For purposes of this Supplemental Indenture, broker-dealers and securities analysts, upon their request, any information required to the term “Company Website” means the collection of web pages that may be delivered pursuant to Rule 144A(d)(4) under accessed on the Securities Act so long World Wide Web using the URL address h▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or such other address as the Notes are not freely transferable under the Securities Act. (g) Delivery of such reports, information and documents Company may from time to time designate in writing 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 Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So long as any Notes are outstandingWhether or not the Issuer is subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company Issuer will file with provide the SEC Trustee and the Holders within 15 Business Days after the filing, or make publicly available on a websitein the event no such filing is required, within 15 Business Days after the end of the time periods (including specified in those sections and any extension thereof) specified in period granted under Section 12b-25 of the SEC’s rules and regulationsExchange Act with: (1) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the SEC Commission on Forms 10-Q and 10-K if the Company Issuer were required to file such reports as forms, including a non-accelerated filer“Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual financial statements only, a report thereon by the Issuer’s independent accountants; and (2) all current reports that would be required to be filed with the SEC Commission on Form 8-K if the Company Issuer were required to file such reports. ; provided that the foregoing delivery requirements will be deemed satisfied if the foregoing materials are available on the Commission’s ▇▇▇▇▇ system or on the Parent’s or Issuer’s website within the applicable time period specified above (b) The requirements of Section 4.03(a) may be satisfied by provided that if posted to a secure internet portal, the filing with the SEC for public availability by any direct or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect Issuer will separately electronically deliver such reports to the Company or parent company, Trustee). If a Parent Entity has provided the information as applicable, and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding foregoing paragraph will include as if such Parent Entity were the Issuer, the Issuer shall be deemed to have satisfied such requirements; provided that if the Parent Entity is not a reasonably detailed presentation, either on the face Guarantor of the financial statements or Notes, to the extent that, in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section reasonable judgment of the applicable quarterly or annual report)Issuer, if any, there are material differences between the financial information of the parent companyIssuer, on the one hand, and the Company Parent Entity, on the other hand, the Parent Entity provides to the Trustee and the Holders unaudited supplemental financial information that explains in reasonable detail the differences between the information relating to such Parent Entity and any of its Subsidiaries other than the Issuer and its Restricted Subsidiaries, on the one hand, and the information relating to the Issuer and its Restricted Subsidiaries on a stand-alone basis, on the other hand. (cb) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors For so long as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual Notes remain outstanding and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the constitute “Management’s Discussion and Analysis of Financial Condition and Results of Operationsrestricted securities” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, onunder Rule 144, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall Issuer will furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (gc) Notwithstanding anything herein to the contrary, the Issuer will not be deemed to have failed to comply with any provision of this reporting covenant for purposes of Section 6.01(4) hereof as a result of the late filing or provision of any required information or report until 90 days after the date any such information or report was due. (d) Delivery of such reports, information and documents referred to above 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 CompanyIssuer’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Officer’s Certificates). The Trustee shall have no duty to monitor review or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, analyze reports delivered to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference callsit.

Reports. (a) So long as any Notes are outstandingSLIC has timely filed or furnished all forms, statements, certifications, reports and documents that it was required to file or furnish since January 1, 2021 (the Company will file “Applicable Date”) with the SEC (such forms, statements, certifications, reports and documents filed or make publicly available on furnished since the Applicable Date, including any amendments thereto, the “SLIC SEC Reports”), except as would not, individually or in the aggregate, reasonably be expected to be material to SLIC and its Consolidated Subsidiaries taken as a websitewhole. To SLIC’s knowledge, within no SLIC SEC Report, at the time periods (including any extension thereof) specified in filed or furnished with the SEC’s rules and regulations: (1) all quarterly and annual reports that would be , contained any untrue statement of a material fact or omitted to state any material fact required to be filed stated therein or necessary in order to make the statements made therein, in light of the circumstances in which they were made, not misleading. To SLIC’s knowledge, all SLIC SEC Reports, as of their respective dates, complied as to form in all material respects with the SEC on Forms 10-Q and 10-K if the Company were required to file such reports as a non-accelerated filer; and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the time period required under the published rules and regulations of the SEC for with respect thereto. None of the Consolidated Subsidiaries of SLIC is required to make any filing with the SEC. (b) Neither SLIC nor any of such forms; provided its Consolidated Subsidiaries is subject to any cease-and-desist or other order or enforcement action issued by, or is a party to any Contract, consent agreement or memorandum of understanding with, or is a party to any commitment letter or similar undertaking to, any Governmental Entity that currently restricts in any material respect the conduct of its business (or to SLIC’s knowledge that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face upon consummation of the financial statements or Mergers, would restrict in any material respect the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section conduct of the applicable quarterly business of PIF or annual reportany of its Consolidated Subsidiaries), if anyor that in any material manner relates to its capital adequacy, between its ability to pay dividends, its credit, risk management or compliance policies, its internal controls, its management or its business, other than those of general application that apply to similarly situated BDCs or their Consolidated Subsidiaries, nor has SLIC or any of its Consolidated Subsidiaries been advised in writing or, to the financial information knowledge of SLIC, verbally, by any Governmental Entity that it is considering issuing, initiating, ordering, or requesting any of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other handforegoing. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports SLIC has made available to PIF all material correspondence with the SECSEC since the Applicable Date and, as of the reports provided pursuant date of this Agreement, to Section 4.03(a) the knowledge of SLIC (i) will not be required there are no unresolved comments from the SEC with respect to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X SLIC SEC Reports or any financial statements SEC examination of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions SLIC and (ii) shall not be required to comply with Regulation G under none of the Exchange Act or Item 10(e) of Regulation S-K with respect SLIC SEC Reports is subject to any non-GAAP financial measures contained thereinongoing review by the SEC. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) 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 Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So Whether or not the Company is required to file reports with the SEC, so long as any Notes are outstanding, the Company will file with the SEC or make publicly available on a websiteSEC, within the time periods (including any extension thereof) specified in the SEC’s 's rules and regulations: (1) , all such annual reports, quarterly reports and annual reports other documents that the Company would be required to file if it were subject to Section 13(a) or 15(d) under the Exchange Act. The Company will also be filed required (i) to supply to the Trustee and each Holder, or supply to the Trustee for forwarding to each such Holder, without cost to such Holder, copies of such reports and other documents within 15 days after the date on which the Company files such reports and documents with the SEC or the date on Forms 10-Q and 10-K if which the Company were would be required to file such reports as a non-accelerated filer; and (2) all current reports that would be required to be filed with the SEC on Form 8-K and documents if the Company were so required and (ii) if filing such reports and documents with the SEC is not accepted by the SEC or is prohibited under the Exchange Act, to file supply at the Company's cost copies of such reportsreports and documents to any prospective Holder promptly upon written request. In addition, the Company has agreed that, for so long as any Notes remain outstanding, it will furnish to the Holders and to securities analysts and prospective investors, upon their request, the information specified in Rule 144A(d)(4) under the Securities Act. (b) The Notwithstanding subsection (a) above, so long as the Parent guarantees the Notes, the reports, information and other documents required to be filed and provided as described above may be those of the Parent, rather than the Company, so long as such filings (i) would satisfy the requirements of Section 4.03(athe Exchange Act and the regulations promulgated thereunder and (ii) may be satisfied by disclose the filing with the SEC for public availability by any direct or indirect parent company Company's results of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, operations and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or condition in the footnotes thereto or in a separate discussion (which may be contained in the “"Management’s 's Discussion and Analysis of Financial Condition and Results of Operations” " section of the applicable quarterly or annual report), in at least such detail as would be required if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other handwere filing such report. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) 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 Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So Whether or not required by the Commission, so long as any Notes are outstanding, the Company will file with Issuers shall furnish to Holders and the SEC or make publicly available on a websiteTrustee, within the time periods (including any extension thereof) specified in the SECCommission’s rules and regulations: (1) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the SEC Commission on Forms 10-Q and 10-K if the Company Issuers were required to file such reports as forms, including a non-accelerated filer“Management’s Discussion and Analysis of Financial Condition and Results of Operations” section and, with respect to the annual information only, a report on the annual consolidated financial statements of the Company by its independent public accountants; and (2) all current reports that would be required to be filed with the SEC Commission on Form 8-K if the Company Issuers were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company of . If the Company has designated any of any Annual Report on Form 10-Kits Subsidiaries as Unrestricted Subsidiaries, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing then the required information with respect to the Company or parent company, as applicable, quarterly and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such annual financial information required by the preceding paragraph will shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or thereto, and in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. . Such information may be provided by the Issuers in filings with the Securities and Exchange Commission, which filing shall satisfy the obligations set forth above. Notwithstanding anything to the contrary set forth above, for so long as the Issuers are direct or indirect majority-owned Subsidiaries of any Parent (eor other Person which, directly or indirectly, owns a majority of the outstanding Voting Stock of the Issuers, measured by voting power rather than the number of shares), if such Parent (or such other Person which, directly or indirectly, owns a majority of the Voting Stock of the Issuers, measured by voting power rather than the number of shares) Any and all Defaults has furnished Holders the reports described in the preceding paragraphs with respect to such Parent (or Events such other Person which, directly or indirectly, owns a majority of Default arising from a failure to furnish in a timely manner the outstanding Voting Stock of the Issuers, measured by voting power rather than the number of shares) (including any consolidating financial information required by this Section 4.03 shall be deemed cured (and Regulation S-X relating to the Company Issuers), the Issuers shall be deemed to be in compliance with the provisions of this covenant) upon furnishing such Section 4.03. Such information as contemplated may be provided by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders a Parent in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance filings with the terms of Securities and Exchange Commission, which filing shall satisfy the obligations set forth in this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) paragraph. 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 Issuers’ compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So long Guarantor shall deliver to the Administrative Agent (for delivery to the Lenders) (i) not later than forty-five (45) days after the close of each fiscal quarter of Guarantor, a quarterly financial statement for Guarantor and (ii) within ninety (90) days after the close of each fiscal year of Guarantor, audited annual financial statements of Guarantor for each such fiscal year, such financial statements to be substantially in the form of the financial statements referred to in Section 8.1 of the Loan Agreement or such other form reasonably acceptable to the Administrative Agent, including a balance sheet and statement of profit and loss setting forth in comparative form figures for the preceding fiscal year, prepared in accordance with GAAP and certified by an authorized officer of Guarantor; (b) at the time of the delivery of each of the financial statements provided for in subsection (a) of this Section 3.02, a certificate of an Authorized Officer of Guarantor, as any Notes applicable, certifying (i) that such respective financial statements and reports are outstandingtrue, correct, and accurate; (ii) in such detail as may be required by the Administrative Agent, the Company will file calculations required to establish whether Guarantor was in compliance with the SEC requirements of Section 3.04 hereof on the date of such financial statements; and (iii) that such officer has no knowledge (after due inquiry), except as specifically stated, of any Event of Default or, if an Event of Default has occurred, specifying the nature thereof in reasonable detail and the action which Guarantor is taking or make publicly available on a website, within the time periods (including any extension thereof) specified in the SEC’s rules and regulations: (1) all quarterly and annual reports that would be required proposes to be filed take with the SEC on Forms 10-Q and 10-K if the Company were required to file such reports as a non-accelerated filerrespect thereto; and (2c) all current reports that would be required from time to be filed with time such other information regarding the SEC on Form 8-K if the Company were required to file such reports. financial condition, operations, business or prospects of Guarantor or General Partner (b) The requirements of Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent companyas defined below), as applicablethe Administrative Agent may reasonably request. Notwithstanding the foregoing, and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face in lieu of the financial statements or in and certification of Guarantor described above, the footnotes thereto or in a separate discussion Administrative Agent shall accept the financial statements and certifications of Guarantor’s general partner ▇▇▇▇▇▇▇ Properties, Inc. (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section General Partner”) of the applicable quarterly or annual report)exact type described above with respect to Guarantor, so long as (i) except for a liability on the balance sheet and an expense on the income statement of General Partner representing the interests of minority limited partners in Guarantor that are not owned by General Partner, the balance sheet and income statement of General Partner would, in accordance with GAAP, be identical to that of Guarantor; (ii) each such financial statement is accompanied by the unqualified opinion of General Partner’s outside auditors to the effect that such financial statements comply with the requirements in clause (i) above and identifying the respects, if any, between the financial information of the parent company, in which any item on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries General Partner would need to be adjusted in order to reflect the proper treatment or 50% or less owned persons as contemplated by Rule 3-09 amount of Regulation S-X or any schedules required by Regulation S-X, or such item in each case any successor provisions accordance with GAAP for Guarantor; and (iiiii) shall not be required to comply with Regulation G under there is no change in the Exchange Act structure or Item 10(e) ownership of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time Guarantor that any the Administrative Agent concludes in reasonable discretion would require the delivery of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or by Guarantor itself in order to enable the footnotes thereto or in a separate discussion (which may be contained in Administrative Agent and the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of Lender to evaluate the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the CompanyGuarantor. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) 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 Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So long as any Notes are outstandingNotwithstanding that the Company may not be required to remain subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company will shall file with the SEC or make publicly available on a website, within the time periods set forth below: (i) within 90 days after the end of each fiscal year, all financial information that would be required to be contained in an annual report on Form 10-K, or any successor or comparable form, filed with the SEC, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section and a report on the annual financial statements by the Company’s independent registered public accounting firm; (ii) within 45 days after the end of each of the first three fiscal quarters of each fiscal year, all financial information that would be required to be contained in a quarterly report on Form 10-Q, or any extension thereofsuccessor or comparable form, filed with the SEC, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section; and (iii) within 5 days after the applicable number of days specified in the SEC’s rules and regulations: (1) all quarterly and annual reports that would be required to be filed with the SEC on Forms 10-Q and 10-K if the Company were required to file such reports as a non-accelerated filer; and (2) , all current reports that would be required to be filed with the SEC on Form 8-K K, or any successor or comparable form, if the Company were required to file such reports, in each case in a manner that complies in all material respects with the requirements specified in such form. (b) The requirements of Notwithstanding Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company of 4.2(a), the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect shall not be obligated to the Company or parent company, as applicable, and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SECSEC if the SEC does not permit such filing, so long as the reports provided pursuant Company provides such information to Section 4.03(a) (i) will not the Trustee and the Holders and makes available such information to prospective purchasers of the Notes, in each case at the Company’s expense and by the applicable date the Company would be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing file such information as contemplated by this covenant (but without regard pursuant to the date on which such information or report is preceding paragraph. In addition, to the extent not satisfied by the foregoing, for so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, onlong as any Notes are outstanding, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners to securities analysts and prospective purchasers of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are Act. The reports required by this covenant need not freely transferable under the Securities Act. include any separate financial statements of Subsidiary Guarantors or information required by Rule 3-10 or 3-16 of Regulation S-X (gor any successor regulation). The requirements set forth in this Section 4.2(b) Delivery and in Section 4.2(a) may be satisfied by posting copies of such reportsinformation on a website (which may be nonpublic and may be maintained by the Company or a third party) to which access is given to the Trustee, information Holders and documents prospective purchasers of the Notes. The Trustee shall have no responsibility whatsoever to determine if such filings have been made. Reports by the Company or Subsidiary Guarantors delivered to the Trustee is should be considered for informational purposes only, only and the Trustee’s receipt of such Trustee shall not constitute actual or be deemed to have constructive knowledge or notice of any information contained therein contained, or determinable from information contained thereincontained, in any reports referred to above, including the Company’s compliance with any of its covenants hereunder in this Indenture (as to which the Trustee is entitled to rely exclusively on Officers’ Officer’s Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, . (c) If any of the Company’s Subsidiaries is not a Subsidiary Guarantor and such Subsidiaries, either individually or collectively, would otherwise have been a Significant Subsidiary for any other Person’s compliance fiscal year, on an annual basis within the time period specified in Section 4.2(a) for annual reports, the Company shall provide in the annual report for such fiscal year or in a report filed or furnished on Form 8-K (or posted, if applicable), financial information with respect to such Subsidiaries that are not Subsidiary Guarantors collectively consistent with the financial information included in the Offering Memorandum with respect to Subsidiaries that are not Subsidiary Guarantors. (d) In the event that any direct or indirect parent company of the covenants Company becomes a guarantor of the Notes, the Company may satisfy its obligations under this Indenture, Section 4.2 to determine whether provide consolidated financial information of the Company by furnishing consolidated financial information relating to such reports, parent; provided that (i) such financial statements are accompanied by consolidating financial information or documents are filed with for such parent and the Company in the manner prescribed by the SEC or made publicly available on a website(ii) such parent is not engaged in any business in any material respect other than such activities as are incidental to its ownership, to examine such reportsdirectly or indirectly, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or Capital Stock of the statements contained therein or to participate in any conference callsCompany.

Reports. (a) So Whether or not required by the Commission, so long as any Notes are outstanding, the Company will Issuer shall electronically file with the SEC or make publicly available on a website, within Commission by the time periods (including any extension thereof) respective dates specified in the SECCommission’s rules and regulationsregulations (the “Required Filing Date”), unless, in any such case, such filings are not then permitted by the Commission: (1a) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the SEC Commission on Forms 10-Q and 10-K if the Company Issuer were required to file such reports as Forms, including a non-accelerated filer; and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of and, with respect to the applicable quarterly or annual report)information only, if any, between the financial information of the parent company, a report on the one hand, and annual financial statements by the Company and its Subsidiaries on a stand-alone basis, on the other hand.Issuer’s certified independent accountants; and (cb) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such all current reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not that would be required to contain be filed with the separate financial Commission on Form 8-K if the Issuer were required to file such reports; If such filings with the Commission are not then permitted by the Commission, or such filings are not generally available on the Internet free of charge, the Issuer shall, within 15 days of each Required Filing Date, transmit by mail to Holders of the Notes, as their names and addresses appear in the Note register, without cost to such Holders of the Notes, and file with the Trustee copies of the information for Guarantors or reports that the Issuer would be required to file with the Commission pursuant to the first paragraph of this Section 4.4 if such filing were then permitted. So long as contemplated by Rule the Parent Guarantor complies with the requirements of Rules 3-10 and 13-01 or 13-02 of Regulation S-X promulgated by the Commission (or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-Xsuccessor provision), or in each case any successor provisions the reports, information and (ii) shall not be other documents required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect be filed and furnished to any non-GAAP financial measures contained therein. (d) At any time that any Holders of the Company’s Significant Subsidiaries are Unrestricted SubsidiariesNotes pursuant to this Section 4.4 may, then at the annual option of the Issuer, be filed by and quarterly financial be those of the Parent Guarantor rather than the Issuer. The availability of the foregoing reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements Commission’s ▇▇▇▇▇ service (or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual reportsuccessor thereto) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard satisfy the Issuer’s delivery obligations to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, Trustee and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) Holders. 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 CompanyIssuer’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the CompanyIssuer’s or any other Personperson’s compliance with any of the covenants under this the Indenture, to determine whether such the Issuer posts reports, information or documents are filed with on the SEC SEC’s website (including via the ▇▇▇▇▇ filing system), the Issuer’s (or made publicly available on a websiteParent Guarantor’s) website or otherwise, to examine collect any such reportsinformation from the SEC’s website (including via the ▇▇▇▇▇ filing system), informationthe Issuer’s (or Parent Guarantor’s) website or otherwise, documents and other or to review or analyze reports delivered to it to ensure compliance with the provisions of this the Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So long as any Notes are outstandingNotwithstanding that the Parent may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company Parent will file provide the Trustee with such annual and quarterly reports and such information, documents and other reports as are specified in Sections 13 and 15(d) of the Exchange Act and applicable to a U.S. corporation subject to such Sections, such information, documents and reports to be so provided at the times specified for the filing of such information, documents and reports under such Sections. The Parent will not be required to provide the Trustee with any such information, documents or reports that are filed with the SEC and the Trustee shall have no responsibility whatsoever to determine if such information, documents or reports have been filed with the SEC. The Trustee shall not be obligated to monitor or confirm on a continuing basis or otherwise, our compliance with the covenants or with respect to any reports or other documents filed with the SEC or make publicly available on a website▇▇▇▇▇ or any website under this Indenture, within the time periods (including or participate in any extension thereof) specified in the SEC’s rules and regulations: (1) all quarterly and annual reports that would be required to be filed with the SEC on Forms 10-Q and 10-K if the Company were required to file such reports as a non-accelerated filer; and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reportsconference calls. (b) The requirements Notwithstanding anything herein to the contrary, in the event that the Parent fails to comply with its obligation to file or provide such information, documents and reports as required hereunder, the Parent will be deemed to have cured such Default for purposes of Section 4.03(a6.01(4) may be satisfied by upon the filing with provision of all such information, documents and reports required hereunder prior to the SEC for public availability by any direct expiration of 60 days after written notice to the Parent of such failure from the Trustee or indirect parent company the Holders of at least 25% of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the time period required under the rules and regulations principal amount of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other handNotes. (c) Notwithstanding For so long as any Restricted Notes are outstanding the foregoing Parent agrees that, in Section 4.03(aorder to render such Restricted Notes eligible for resale pursuant to Rule 144A under the Securities Act, it will make available, upon request, to any Holder of Restricted Notes or prospective purchasers of Restricted Notes the information specified in Rule 144A(d)(4), at any time when unless the Company does not otherwise file Parent furnishes such reports with information to the SEC, the reports provided SEC pursuant to Section 4.03(a13 or 15(d) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained thereinAct. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) Delivery of such reports, information and documents under this Section 4.03, as well as any such reports, information and documents pursuant to this Indenture, 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 Issuers’ and Guarantors’ compliance with any of its their covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee shall have no duty to monitor responsibility or confirmliability for the filing, on a continuing basis timeliness or otherwise, the Company’s content of any report required under this Section 4.03 or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or and documents are filed with required under this Indenture (aside from any report that is expressly the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise responsibility of the information or Trustee subject to the statements contained therein or to participate in any conference callsterms hereof).

Reports. (ai) So long as any Notes are outstandingAs of their respective dates, none of the Company will file reports or other statements filed by NFB or NFB Bank on or subsequent to December 31, 1997 with the SEC (collectively, "NFB's Reports"), contained, or make publicly available on will contain, any untrue statement of a website, within the time periods (including any extension thereof) specified in the SEC’s rules and regulations: (1) all quarterly and annual reports that would be material fact or omitted or will omit to state a material fact required to be filed with stated therein or necessary to make the SEC on Forms 10-Q and 10-K if statements made therein, in light of the Company circumstances under which they were required made, not misleading. Each of the financial statements of NFB included in NFB's Reports complied as to file such reports form, as a non-accelerated filer; and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied by the their respective dates of filing with the SEC for public availability by any direct or indirect parent company of SEC, in all material respects with applicable accounting requirements and with the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the time period required under the published rules and regulations of the SEC for with respect thereto and have been prepared in accordance with GAAP (except as may be indicated in the filing notes thereto or, in the case of such forms; provided thatunaudited financial statements, if applicable, any such financial information required as permitted by the preceding paragraph will include a reasonably detailed presentation, either on the face Form 10-Q of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section SEC). Each of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial consolidated statements of unconsolidated subsidiaries condition, consolidated statements of operations, consolidated statements of cash flows and consolidated statements of changes in stockholders' equity contained or 50% or less owned persons as contemplated incorporated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or reference in NFB's Reports (including in each case any successor provisions related notes and schedules) fairly presented, or will fairly present, as the case may be, the financial position, results of operations, cash flows and stockholders' equity, as the case may be, of the entity or entities to which it relates for the periods set forth therein (ii) shall subject, in the case of unaudited interim statements, to normal year-end audit adjustments that are not material in amount or effect), in each case in accordance with GAAP, except as may be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained noted therein. (dii) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company NFB and its Restricted Subsidiaries separate from the financial condition have each timely filed all material reports, registrations and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner statements, together with any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information amendments required to be delivered pursuant made with respect thereto, that they were required to Rule 144A(d)(4file since December 31, 1996 with (A) under the Securities Act so long as NYSBD, (B) FRB (C) the Notes are not freely transferable under FDIC, (D) the Securities Act. SEC, (gE) Delivery of such reports, information the NYSE and documents to the Trustee is for informational purposes only(F) any other SRO, 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 Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents paid all fees and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate assessments due and payable in any conference callsconnection therewith.

Reports. (a) So Regardless of whether required by the rules and regulations of the SEC, so long as the Notes of any Notes series are outstandingoutstanding (unless defeased or discharged), the Company will file with the SEC or make publicly available on (unless the SEC will not accept such a website, filing) within ten days after the time periods (including any extension thereof) specified in the SEC’s rules and regulations, and upon request, the Company will furnish (without exhibits) to the Trustee for delivery to the Holders of Notes: (1) all quarterly and annual reports that would be required to be filed contained in a filing with the SEC on Forms 10-Q and 10-K if the Company were required to file such reports as forms, including a non-accelerated filer“Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, a report thereon by the Company’s certified independent accountants; and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. (b) The requirements of Company will be deemed to have furnished such reports and information described above in Section 4.03(a) may to the Holders of Notes (and the Trustee shall be satisfied by deemed to have delivered such reports and information to the filing Holders of Notes) if the Company has filed such reports or information, respectively, with the SEC for public availability by using the ▇▇▇▇▇ filing system (or any direct or indirect parent company successor filing system of the Company of any Annual Report on Form 10-KSEC) or, Quarterly Report on Form 10- Q if the SEC will not accept such reports or Current Report on Form 8-Kinformation, containing the required information with respect to if the Company has posted such reports or parent companyinformation, as applicablerespectively, on its website, and filed within the time period required under the rules and regulations such reports or information, respectively, are available to Holders of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other handNotes through internet access. (c) Notwithstanding For the foregoing in Section 4.03(a)avoidance of doubt, at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) such information will not be required to contain the separate financial information for Guarantors as contemplated by Rule 3-10, Rule 3-16, Rule 13-01 or Rule 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons Persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions provisions, and (ii) such information shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that Except as provided above, all such reports will be prepared in all material respects in accordance with all of the rules and regulations applicable to such reports. (e) If the Company has designated any of the Company’s Significant its Subsidiaries are as Unrestricted Subsidiaries, then then, to the extent material, the quarterly and annual and quarterly financial reports information required by Section 4.03(a) above will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or thereto, and in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) , of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the its Unrestricted Subsidiaries of the CompanySubsidiaries. (ef) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any financial information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenantSection 4.03) upon furnishing such financial information as contemplated by this covenant Section 4.03 (but without regard to the date on which such information financial statement or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 under the provisions of Article VI hereof if the principal of, premium, if any, on, and interest, if any, on, the Notes of any series have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (fg) In addition, the Company will hold and participate in annual conference calls with the Holders of Notes, Beneficial Owners of Notes, bona fide prospective investors, securities analysts and market makers to discuss the financial information required to be furnished pursuant to clause (1) of Section 4.03(a) hereof no later than ten Business Days after distribution of such financial information. The Company shall be permitted to combine this conference call with any other conference call for other debt or equity holders or lenders. (h) The Company shall and the Guarantors agree that, for so long as the Notes of any series remain outstanding, if at any time they are not required to file with the SEC the reports required by Section 4.03(a), the Company and the Guarantors will furnish to the Holders of Notes and Beneficial Owners of the Notes, to securities analysts and prospective investors, broker-dealers and securities analysts, upon their request, any the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (gi) Delivery of such reports, information and documents to the Trustee pursuant to this Section 4.03 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 an Officers’ CertificatesCertificate). The It is understood that the Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, obligation to determine whether such reports, or not the reports and information or documents are described above have been filed with the SEC or made publicly are available on a website, the Company’s website and are available to examine Holders through internet access. The delivery of such reports, information, documents reports and other reports information to ensure compliance with the provisions Trustee is for informational purposes only and the Trustee’s receipt of this Indenture, to ascertain the correctness or otherwise such shall not constitute constructive notice of the any information or the statements contained therein or determinable from information contained therein, including the Issuers’ compliance with any of its covenants hereunder (as to participate in any conference callswhich the Trustee is entitled to rely exclusively on Officers’ Certificates).

Reports. (a) So Whether or not required by the rules and regulations of the SEC, so long as any Notes are outstanding, the Company will file shall furnish to the Holders of Notes, if not filed electronically with the SEC or make publicly available on a website, within the time periods (including any extension thereof) specified in the SEC’s rules and regulations: (1i) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the SEC on Forms 10-Q and 10-K if the Company were required to file such reports as forms, including a non-accelerated filer; “Management’s Discussion and Analysis of Financial Condition and Results of Operations” that describes the financial condition and results of operations of the Company and its consolidated Subsidiaries (showing in reasonable detail, either on the face of the financial statements or in the footnotes thereto and in Management’s Discussion and Analysis of Financial Condition and Results of Operations, the financial condition and results of operations of the Company and its consolidated Subsidiaries) and , with respect to the annual information only, a report thereon by the Company’s certified independent accountants and (2ii) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. , in each case, within the time periods specified in the SEC’s rules and regulations. In addition, following the consummation of the Registered Exchange Offer or the effectiveness of the Shelf Registration Statement (b) The requirements of Section 4.03(a) may be satisfied as defined in the Appendix), whether or not required by the filing rules and regulations of the SEC, the Company shall file a copy of all such information and reports with the SEC for public availability by any direct or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the time period required under periods specified in the SEC’s rules and regulations (unless the SEC will not accept such a filing) and make such information available to securities analysts and prospective investors upon request. Notwithstanding the foregoing, such requirements shall be deemed satisfied prior to the commencement of the SEC for Registered Exchange Offer or the effectiveness of the Shelf Registration Statement by the filing when required with the SEC of such forms; provided thatthe Exchange Offer Registration Statement (as defined in the Registration Rights Agreement) and/or Shelf Registration Statement, if applicableand any amendments thereto, any with such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of that satisfies Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) the Securities Act. The Company shall not be required to at all times comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained thereinTIA § 314(a). (db) At For so long as any time that any of the Company’s Significant Subsidiaries are Unrestricted SubsidiariesNotes remain outstanding, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company Guarantors shall furnish to the Holders and Beneficial Owners of the Notes, to securities analysts and prospective investors, broker-dealers and securities analysts, upon their request, any the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (gc) Delivery Should the Company deliver to the Trustee any such information, reports or certificates or any annual reports, information, documents and other reports pursuant to TIA § 314(a), delivery of such information, reports or certificates or any annual reports, information information, documents and documents other 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 Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So Whether or not required by the Commission, so long as any Notes are outstanding, the Company will file with Issuers shall furnish to Holders and the SEC or make publicly available on a websiteTrustee, within the time periods (including any extension thereof) specified in the SECCommission’s rules and regulations: (1) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the SEC Commission on Forms 10-Q and 10-K if the Company Issuers were required to file such reports as forms, including a non-accelerated filer“Management’s Discussion and Analysis of Financial Condition and Results of Operations” section and, with respect to the annual information only, a report on the annual consolidated financial statements of the Company by its independent public accountants; and (2) all current reports that would be required to be filed with the SEC Commission on Form 8-K if the Company Issuers were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company of . If the Company has designated any of any Annual Report on Form 10-Kits Subsidiaries as Unrestricted Subsidiaries, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing then the required information with respect to the Company or parent company, as applicable, quarterly and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such annual financial information required by the preceding paragraph will shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or thereto, and in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. . Notwithstanding anything to the contrary set forth above, for so long as the Issuers are direct or indirect wholly-owned Subsidiaries of CCI, if CCI has furnished Holders and filed electronically with the Securities and Exchange Commission, the reports described in the preceding paragraphs with respect to CCI (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner including any consolidating financial information required by this Section 4.03 shall be deemed cured (and Regulation S-X relating to the Company Issuers), the Issuers shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms provisions of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) Section 4.03. 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 Issuers’ compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So Whether or not required by the rules and regulations of the SEC, so long as any Notes are outstanding, the Company will furnish to the Holders of Notes or cause the Trustee to furnish to the Holders of Notes (or file with the SEC or make publicly available on a websitefor public availability), within the time periods (including any extension thereof) specified in the SEC’s rules and regulations: (1) all quarterly and annual reports financial information that would be required to be filed with the SEC on Forms 10-Q and 10-K if the Company were required to file such reports reports, including a Management’s Discussion and Analysis of Financial Condition and Results of Operations that describes the financial condition and results of operations of the Company and its consolidated Subsidiaries (provided that such information shall show in reasonable detail, either on the face of the financial statements or in the footnotes thereto, the financial condition and results of operations of the Company and the Guarantors separate from the financial condition and results of operations of the Subsidiaries of the Company that are not Guarantors with such reasonable detail as required by the SEC or as would be required by the SEC if the Company was subject to the periodic reporting requirements of the Exchange Act) and, with respect to the annual information only, a non-accelerated filerreport thereon by the Company’s certified independent accountants; and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. . The Company will file a copy of the information and reports referred to in clauses (b1) The requirements of Section 4.03(aand (2) may be satisfied by the filing above with the SEC for public availability by any direct or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the time period required under periods specified in the rules and regulations of applicable to such reports (unless the SEC for will not accept such a filing) and will post the filing of such forms; provided thatreports on its website within those time periods. The Company will at all times comply with TIA §314(a). (b) For so long as any Notes remain outstanding, if applicable, at any such financial information time they are not required to file with the SEC the reports required by the preceding paragraph will include a reasonably detailed presentation(a) of this Section 4.03, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) Guarantors will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders of Notes and Beneficial Owners of the Notes, to securities analysts and prospective investors, broker-dealers and securities analysts, upon their request, any the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (gc) Delivery of such reportsNotwithstanding anything to the contrary in Sections 4.03(a) and 4.03(b) above, information and documents the Company will be deemed to have furnished the reports required by this Section 4.03 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 Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any Holders of the covenants under this Indenture, to determine whether Notes if the Company has filed such reports, information or documents are filed reports with the SEC or made via the ▇▇▇▇▇ filing system and such reports are publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference callsavailable.

Reports. (a) So long as any Notes are outstanding, the Company will The Issuer covenants and agrees to file with the SEC Trustee, within 15 days after the Issuer is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or make publicly available copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Issuer may be required to file with the Commission pursuant to Section 13, Section 14 or Section 15(d) of the Exchange Act; or, if the Issuer is not required to file information, documents or reports pursuant to any of such sections, then furnish to the Trustee, substantially in accordance with the rules and regulations prescribed from time to time 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 website, within the national securities exchange as may be prescribed from time periods (including any extension thereof) specified to time in the SEC’s such rules and regulations: (1) all quarterly and annual reports that would be required to be filed with the SEC on Forms 10-Q and 10-K if the Company were required to file such reports as a non-accelerated filer; and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. (b) The requirements Issuer covenants and agrees to, or cause the Trustee to, transmit by mail, first class postage prepaid, reputable over-night delivery service which provides for evidence of receipt, or submitted via the Depository’s electronic messaging system in the case of Notes held through the Depository by Depository participants, to the Holders, as their names and addresses appear upon the Note Register, within 30 days after the furnishing thereof to the Trustee, such summaries of any information, documents and reports required to be filed by the Issuer pursuant to subsection (a) of this Section 4.03(a) 9.05 as may be satisfied required by the filing with the SEC for public availability by any direct or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such financial information required prescribed from time to time by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other handCommission. (c) Notwithstanding The Issuer covenants and agrees to furnish to the foregoing Trustee within 135 days of each fiscal year in Section 4.03(awhich any of the Notes are Outstanding, or on or before such other day in each calendar year as the Issuer and the Trustee may from time to time agree upon, a certificate from the principal executive officer, principal financial officer or principal accounting officer as to his or her knowledge of the Issuer’s compliance with all conditions and covenants under this Indenture. For purposes of this subsection (c), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not compliance shall be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect determined without regard to any non-GAAP financial measures contained thereinperiod of grace or requirement of notice provided under this Indenture. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be Notwithstanding anything else contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and 9.05 to the Company contrary, the Issuer shall be deemed to be have furnished such reports referred to in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) Delivery of such reports, information and documents 9.05 to the Trustee is for informational purposes only, and the Trustee’s receipt of Holders if it has filed such shall not constitute actual or constructive knowledge or notice of any information contained therein or determinable from information contained therein, including reports with the Company’s compliance with any of its covenants hereunder Commission via the ▇▇▇▇▇ filing system (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether successor thereto) and such reports, information or documents reports are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference callsavailable.

Reports. (a) So long as any Notes are outstandingNotwithstanding that the Company may not be required to remain subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company will shall file with the SEC or make publicly available on a website, within the time periods set forth below: (i) within 90 days after the end of each fiscal year, all financial information that would be required to be contained in an annual report on Form 10-K, or any successor or comparable form, filed with the SEC, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section and a report on the annual financial statements by the Company’s independent registered public accounting firm; (ii) within 45 days after the end of each of the first three fiscal quarters of each fiscal year, all financial information that would be required to be contained in a quarterly report on Form 10-Q, or any extension thereofsuccessor or comparable form, filed with the SEC, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section; and (iii) within 5 days after the applicable number of days specified in the SEC’s rules and regulations: (1) all quarterly and annual reports that would be required to be filed with the SEC on Forms 10-Q and 10-K if the Company were required to file such reports as a non-accelerated filer; and (2) , all current reports that would be required to be filed with the SEC on Form 8-K K, or any successor or comparable form, if the Company were required to file such reports, in each case in a manner that complies in all material respects with the requirements specified in such form. (b) The requirements of Notwithstanding Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company of 4.2(a), the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect shall not be obligated to the Company or parent company, as applicable, and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SECSEC if the SEC does not permit such filing, so long as the reports provided pursuant Company provides such information to Section 4.03(a) (i) will not the Trustee and the Holders and makes available such information to prospective purchasers of the Notes, in each case at the Company’s expense and by the applicable date the Company would be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing file such information as contemplated by this covenant (but without regard pursuant to the date on which such information or report is preceding paragraph. In addition, to the extent not satisfied by the foregoing, for so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, onlong as any Notes are outstanding, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners to securities analysts and prospective purchasers of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are Act. The reports required by this covenant need not freely transferable under the Securities Act. include any separate financial statements of Subsidiary Guarantors or information required by Rule 3-10 or 3-16 of Regulation S-X (gor any successor regulation). The requirements set forth in this Section 4.2(b) Delivery and in Section 4.2(a) may be satisfied by posting copies of such reportsinformation on a website (which may be nonpublic and may be maintained by the Company or a third party) to which access is given to the Trustee, information Holders and documents prospective purchasers of the Notes. The Trustee shall have no responsibility whatsoever to determine if such filings have been made. Reports by the Company or Subsidiary Guarantors delivered to the Trustee is should be considered for informational purposes only, only and the Trustee’s receipt of such Trustee shall not constitute actual or be deemed to have constructive knowledge or notice of any information contained therein contained, or determinable from information contained thereincontained, in any reports referred to above, including the Company’s compliance with any of its covenants hereunder in this Indenture (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, . (c) If any of the Company’s Subsidiaries is not a Subsidiary Guarantor and such Subsidiaries, either individually or collectively, would otherwise have been a Significant Subsidiary for any other Person’s compliance fiscal year, on an annual basis within the time period specified in Section 4.2(a) for annual reports, the Company shall provide in the annual report for such fiscal year or in a report filed or furnished on Form 8-K (or posted, if applicable), financial information with respect to such Subsidiaries that are not Subsidiary Guarantors collectively consistent with the financial information included in the Offering Memorandum with respect to Subsidiaries that are not Subsidiary Guarantors. (d) In the event that any direct or indirect parent company of the covenants Company becomes a Guarantor of the Notes, the Company may satisfy its obligations under this Indenture, Section 4.2 to determine whether provide consolidated financial information of the Company by furnishing consolidated financial information relating to such reports, parent; provided that (i) such financial statements are accompanied by consolidating financial information or documents are filed with for such parent and the Company in the manner prescribed by the SEC or made publicly available on a website(ii) such parent is not engaged in any business in any material respect other than such activities as are incidental to its ownership, to examine such reportsdirectly or indirectly, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or Capital Stock of the statements contained therein or to participate in any conference callsCompany.

Reports. (ai) So long as any Notes are outstandingAs of their respective dates, none of the Company will file reports ------- or other statements filed by RCFC or RCFC Bank on or subsequent to December 31, 1997, with the FDIC or the SEC (collectively, "RCFC's Reports"), contained, or make publicly available on will contain, any untrue statement of a website, within the time periods (including any extension thereof) specified in the SEC’s rules and regulations: (1) all quarterly and annual reports that would be material fact or omitted or will omit to state a material fact required to be filed with stated therein or necessary to make the SEC on Forms 10-Q and 10-K if statements made therein, in light of the Company circumstances under which they were required made, not misleading. Each of the financial statements of RCFC included in RCFC's Reports complied as to file such reports form, as a non-accelerated filer; and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied by the their respective dates of filing with the SEC for public availability by any direct or indirect parent company of SEC, in all material respects with applicable accounting requirements and with the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the time period required under the published rules and regulations of the SEC for with respect thereto and have been prepared in accordance with GAAP (except as may be indicated in the filing notes thereto or, in the case of such forms; provided thatunaudited financial statements, if applicable, any such financial information required as permitted by the preceding paragraph will include a reasonably detailed presentation, either on the face Form 10-Q of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section SEC). Each of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial consolidated statements of unconsolidated subsidiaries condition contained or 50% or less owned persons as contemplated incorporated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or reference in RCFC's Reports (including in each case any successor provisions related notes and schedules) and each of the statements of operations, consolidated statements of cash flows and consolidated statements of changes in stockholders' equity, contained or incorporated by reference in RCFC's Reports (including in each case any related notes and schedules) fairly presented, or will fairly present, as the case may be, (A) the financial position of the entity or entities to which it relates as of its date, and (iiB) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) results of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any operations, stockholders' equity and cash flows, as the case may be, of the Company’s Significant Subsidiaries are Unrestricted Subsidiariesentity or entities to which it relates for the periods set forth therein (subject, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto case of unaudited interim statements, to normal year-end audit adjustments that are not material in amount or effect), in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated each case in accordance with the terms GAAP, except as may be noted therein. RCFC has made available to Bayonne a true and complete copy of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners each of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) 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 Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are RCFC's Reports filed with the SEC or since December 31, 1997. (ii) RCFC and each of its Subsidiaries have each timely filed all material reports, registrations and statements, together with any amendments required to be made publicly available on a websitewith respect thereto, that they were required to file since December 31, 1993 with (A) the FDIC, (B) the SEC, (C) the NASD, (D) the NYBD and (E) any other SRO, and, to examine such reportsRCFC's knowledge, information, documents have paid all fees and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate assessments due and payable in any conference callsconnection therewith.

Reports. (a) So Whether or not required by the rules and regulations of the SEC, so long as any Notes are outstanding, the Company will file with shall furnish to the SEC or make publicly available on a website, within Trustee and the time periods Holders: (including any extension thereof) specified in the SEC’s rules and regulations: (1i) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the SEC on Forms 10-Q and 10-K if the Company were required to file such reports as forms, including a non-accelerated filer“Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, a report on the annual financial statements by the Company’s certified independent accountants; and and (2ii) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied , in each case, within 15 days after the date by which the Company would have been required by the filing SEC’s rules and regulations to file such documents. In addition, whether or not required by the SEC, the Company shall file a copy of all of the information and reports referred to in clauses (i) and (ii) above with the SEC for public availability within 15 days after the date by any direct or indirect parent company of which the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing would have been required by the required information with respect to the Company or parent company, as applicable, and filed within the time period required under the SEC’s rules and regulations of to file such documents (unless the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) accept such a filing). The Company shall not be required to at all times comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the TIA § 314(a). The Company shall be deemed to be have furnished the reports referred to in compliance with this covenantclauses (i) upon furnishing such information as contemplated by this covenant and (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 ii) above if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance Company has filed such reports with the terms of this Indenture SEC (and such acceleration has not been rescinded or cancelled prior to such curereports are publicly available). (fb) The For so long as any Notes remain outstanding, the Company and the Guarantors shall furnish to the Holders and Beneficial Owners of the Notes, to securities analysts and prospective investors, broker-dealers and securities analysts, upon their request, any the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as to the Notes are extent such information requirement is not freely transferable under satisfied by delivery of the Securities Actinformation pursuant to clause (a) above. (gc) 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 (as to which the Trustee is entitled to rely exclusively on Officers’ Certificatesan Officer’s Certificate or certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So long as any Notes are outstanding, the Company will file with the SEC or make publicly available on a website, within the time periods (including any extension thereof) specified in the SEC’s rules and regulationsIssuer shall: (1) all quarterly and during such time as it is subject to the reporting requirements of the Exchange Act, file with the Trustee, within 30 days after it files the same with the SEC, copies of the annual reports and the information, documents and other reports that would be it is required to be filed file with the SEC on Forms 10-Q and 10-K if pursuant to the Company were required to file such reports as a non-accelerated filerExchange Act; and (2) all current reports that would be required during such time as it is not subject to be filed the reporting requirements of the Exchange Act, file with the SEC on Form 8-K if the Company were Trustee, within 30 days after it would have been required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied by the filing same with the SEC for public availability by SEC, financial statements, including any direct or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information notes thereto (and with respect to the Company or parent companyannual reports, as applicable, an auditors’ report by a firm of established national reputation) and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section , both comparable to what it would have been required to file with the SEC had it been subject to the reporting requirements of the applicable quarterly or annual report)Exchange Act. (b) Notwithstanding the foregoing, if anyreports, between information and documents filed with the financial information SEC via the ▇▇▇▇▇ system will be deemed to be delivered to the Trustee as of the parent companytime of such filing via ▇▇▇▇▇ for purposes of this Section 5.03, on provided, that the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other handTrustee shall have no responsibility to determine if such filing has occurred. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish or file in a timely manner any information a report or certification required by this Section 4.03 5.03 shall be deemed cured (and the Company Issuer shall be deemed to be in compliance with this covenantSection 5.03) upon furnishing or filing such information report or certification as contemplated by this covenant Section 5.03 (but without regard to the date on which such information report or report certification is so furnishedfurnished or filed); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 under Article 7 of the Base Indenture if the principal ofprincipal, premium, if any, on, and interest, if any, on, the Notes interest have been accelerated in accordance with the terms of this the Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (gd) Delivery of such any reports, information and documents to the Trustee Trustee, including pursuant to Section 5.03, 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 CompanyIssuer’s compliance with any of its covenants hereunder pursuant to Article 5 hereof (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So Whether or not required by the Commission, so long as any Notes are outstanding, the Company will file with the SEC or make publicly available on a websitewill, within the time periods (including any extension thereof) specified in the SECCommission’s rules and regulationsregulations applicable to non-accelerated filers, furnish, or cause the Trustee to furnish, to the Holders, without cost to the Trustee or the Holders: (1) all quarterly and annual reports financial and other information with respect to the Company and its Subsidiaries that would be required to be filed contained in a filing with the SEC Commission on Forms 10-Q and 10-K if the Company were required to file such reports as Forms, including a non-accelerated filer“Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, a report on the annual financial statements by the Company’s certified independent accountants; and (2) all current reports that would be required to be filed with the SEC Commission on Form 8-K if the Company were required to file such reports. (b) The requirements ; provided that, the availability of Section 4.03(a) may the foregoing reports on the Commission’s ▇▇▇▇▇ filing system or a publicly available website of the Company will be satisfied by deemed to satisfy the filing with foregoing delivery requirements. In the SEC for public availability by event that any direct or indirect parent company of the Company becomes a guarantor of any Annual Report on Form 10-Kthe Notes, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information Company may satisfy its obligations under this Section 4.03 with respect to financial information relating to the Company or by furnishing information relating to such parent company, as applicable, and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such financial that the same be accompanied by consolidated information required by that explains in reasonable detail the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, differences between the financial information of the parent companyrelating to such parent, on the one hand, and the information relating to the Company and its Restricted Subsidiaries on a stand-alone standalone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) . Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by comply with this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing or filing such information or report as contemplated by this covenant Section 4.03 (but without regard to the date on which such information or report is so furnishedfurnished or filed); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 under Article 6 hereof if the principal of, premium, if any, on, and interest, if any, on, the all outstanding Notes shall have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (fb) The Company shall Issuers and the Guarantors will, for so long as any Notes remain outstanding and cannot be resold by non-affiliates without restriction under Rule 144, furnish to the Holders and Beneficial Owners of the Notes and to securities analysts and prospective investors in the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (gc) Delivery of such any reports, information and documents to the Trustee pursuant to this Section 4.03 is for informational purposes only, and the Trustee’s receipt of such reports, information and documents 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 an Officers’ CertificatesCertificate). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So Whether or not required by the Commission, so long as any Notes are outstanding, the Company will file with Issuers shall furnish to Holders and the SEC or make publicly available on a websiteTrustee, within the time periods (including any extension thereof) specified in the SECCommission’s rules and regulations: (1) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the SEC Commission on Forms 10-Q and 10-K if the Company Issuers were required to file such reports as forms, including a non-accelerated filer“Management’s Discussion and Analysis of Financial Condition and Results of Operations” section and, with respect to the annual information only, a report on the annual consolidated financial statements of the Company by its independent public accountants; and (2) all current reports that would be required to be filed with the SEC Commission on Form 8-K if the Company Issuers were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company of . If the Company has designated any of any Annual Report on Form 10-Kits Subsidiaries as Unrestricted Subsidiaries, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing then the required information with respect to the Company or parent company, as applicable, quarterly and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such annual financial information required by the preceding paragraph will shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or thereto, and in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. . Notwithstanding anything to the contrary set forth above, for so long as the Issuers are direct or indirect majority-owned Subsidiaries of any Parent (eor other Person which, directly or indirectly, owns a majority of the outstanding Voting Stock of the Issuers, measured by voting power rather than the number of shares), if such Parent (or such other Person which, directly or indirectly, owns a majority of the Voting Stock of the Issuers, measured by voting power rather than the number of shares) Any has provided a guarantee with respect to the Notes and all Defaults has furnished Holders and filed electronically with the Securities and Exchange Commission, the reports described in the preceding paragraphs with respect to such Parent (or Events such other Person which, directly or indirectly, owns a majority of Default arising from a failure to furnish in a timely manner the outstanding Voting Stock of the Issuers, measured by voting power rather than the number of shares) (including any consolidating financial information required by this Section 4.03 shall be deemed cured (and Regulation S-X relating to the Company Issuers), the Issuers shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms provisions of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) Section 4.03. 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 Issuers’ compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So long as any Notes are outstandingWhether or not the Company is subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company will file with provide the SEC Trustee and the Holders within 15 Business Days after the filing, or make publicly available on a websitein the event no such filing is required, within 15 Business Days after the end of the time periods (including specified in those sections and any extension thereof) specified in period granted under Section 12b-25 of the SEC’s rules and regulationsExchange Act with: (1) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the SEC on Forms 10-Q and 10-K if the Company were required to file such reports as forms, including a non-accelerated filer; “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual financial statements only, a report thereon by the Company’s independent accountants, and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. ; provided that the foregoing delivery requirements will be deemed satisfied if the foregoing materials are available on the SEC’s ▇▇▇▇▇ system or on the Company’s website within the applicable time period specified above (b) The requirements of Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company of provided that if posted to a secure internet portal, the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect will separately electronically deliver such reports to the Company or parent company, Trustee). If a Parent Entity has provided the information as applicable, and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include foregoing paragraphs as if such Parent Entity were the Company, the Company shall be deemed to have satisfied such requirements; provided that if the Parent Entity is not a reasonably detailed presentation, either on the face Guarantor of the Notes, the Parent Entity provides to the Trustee and the Holders unaudited supplemental financial statements or information that explains in reasonable detail the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, differences between the financial information relating to such Parent Entity and any of its Subsidiaries other than the parent companyCompany and its Restricted Subsidiaries, on the one hand, and the information relating to the Company and its Restricted Subsidiaries on a stand-alone basis, on the other hand. (cb) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors For so long as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual Notes remain outstanding and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the constitute “Management’s Discussion and Analysis of Financial Condition and Results of Operationsrestricted securities” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, onunder Rule 144, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (gc) Notwithstanding anything herein to the contrary, the Company shall not be deemed to have failed to comply with any provision of this reporting covenant for purposes of Section 6.01(4) hereof as a result of the late filing or provision of any required information or report until 90 days after the date any such information or report was due. (d) Delivery of such reports, information and documents referred to above, 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 Officers’ Officer’s Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So Whether or not required by the rules and regulations of the SEC, so long as any Notes are outstanding, the Company will file with furnish to the SEC or make publicly available on a websiteHolders of Notes, within the time periods (including any extension thereof) specified in the SEC’s 's rules and regulations: (1) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the SEC on Forms 10-Q and 10-K if the Company were required to file such reports as forms, including a non-accelerated filer"Management's Discussion and Analysis of Financial Condition and Results of Operations" and, with respect to the annual information only, a report on the annual financial statements by the Company's certified independent accountants; and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company of . If the Company has designated any of any Annual Report on Form 10-Kits Subsidiaries as Unrestricted Subsidiaries, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing then the required information with respect to the Company or parent company, as applicable, quarterly and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such annual financial information required by the preceding paragraph will shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or thereto, and in a separate discussion (which may be contained in the “Management’s 's Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. In addition, following the consummation of the Exchange Offer contemplated Company will file a copy of all of the information and reports referred to in clauses (1) and (2) above with the SEC for public availability within the time periods specified in the SEC's rules and regulations (unless the SEC will not accept such a filing) and make such information available to securities analysts and prospective investors upon request. The Company will at all times comply with TIA (S) 314(a). (eb) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner For so long as any information required by this Section 4.03 shall be deemed cured (Notes remain outstanding, the Company and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall Guarantors will furnish to the Holders and Beneficial Owners of the Notes, to securities analysts and prospective investors, broker-dealers and securities analysts, upon their request, any the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) 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 Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So long as any Notes are outstandingSince January 31, 1994, the Company will file with the SEC or make publicly available on a website, within the time periods Acquiror and its Subsidiaries have timely filed (including any extension thereof) specified in the SEC’s rules and regulations: (1i) all quarterly and annual reports that would be SEC Reports required to be filed with the SEC on Forms 10-Q Commission and 10-K if the Company were (ii) all other Reports required to file such reports as a non-accelerated filer; andbe filed with any other Governmental Authorities, including state securities (2b) all current reports The Acquiror's Consolidated Financial Statements and any consolidated financial statements of the Acquiror (including any related notes thereto) contained in any SEC Reports of the Acquiror filed with the Commission since January 31, 1994 (i) have been or will have been prepared in accordance with the published Regulations of the Commission and in accordance with GAAP consistently applied during the periods involved (except (A) to the extent required by changes in GAAP and (B), with respect to SEC Reports of the Acquiror filed prior to the date of this Agreement, as may be indicated in the notes thereto), and (ii) fairly present the consolidated financial position of the Acquiror and its Subsidiaries as of the respective dates thereof and the consolidated results of their operations and cash flows for the periods indicated (including, in the case of any unaudited interim financial statements, reasonable estimates of normal and recurring year-end adjustments). (c) There exist no liabilities or obligations of the Acquiror and its Subsidiaries that are Material to the Acquiror, whether accrued, absolute, contingent or threatened, which would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied by the filing with the SEC reflected, reserved for public availability by any direct or indirect parent company disclosed under GAAP in consolidated financial statements of the Company Acquiror (including the notes thereto) as of any Annual Report and for the period ended on Form 10-Kthe date of this representation and warranty, Quarterly Report on Form 10- Q other than (i) liabilities or Current Report on Form 8-Kobligations that are adequately reflected, containing reserved for or disclosed in the required information with respect to Acquiror's Consolidated Financial Statements, (ii) liabilities or obligations incurred in the Company or parent company, as applicable, and filed within the time period required under the rules and regulations ordinary course of business of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company Acquiror and its Subsidiaries on a stand-alone basissince November 1, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a)1997, at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (iiiii) shall not be required to comply with Regulation G under liabilities or obligations the Exchange Act or Item 10(e) incurrence of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Actprohibited by Subsection 6.2(b) hereof. (g) 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 Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (aWhether or not the Issuer is then subject to Section 13 or 15(d) So of the Exchange Act, the Issuer will file with the SEC, so long as any Notes Securities are outstanding, the Company will file with the SEC or make publicly available on a website, within the time periods annual reports (including any extension thereof) specified in the SEC’s rules and regulations: (1) all quarterly and annual reports that would be required to be filed with the SEC on Forms 10-Q and 10-K if the Company were required to file such reports as a non-accelerated filer; and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “"Management’s 's Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report)" and, if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and financial statements, a report thereon by the Issuer's independent accountants), quarterly financial reports required by Section 4.03(a) will include (including a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “"Management’s 's Discussion and Analysis of Financial Condition and Results of Operations” section ") and other periodic reports which the Issuer would have been required to file with the SEC pursuant to such Section 13 or 15(d) if the Issuer were so subject, and such documents shall be filed with the SEC on or prior to the respective dates (the "Required Filing Dates") by which the Issuer would have been required so to file such documents if the Issuer were so subject. The Issuer will also in any event, so long as any Securities are outstanding and whether or not the filing of such documents by the Issuer with the SEC is prohibited under the Exchange Act, within 15 days of each Required Filing Date, (a) transmit by mail to all Holders of Securities, as their names and addresses appear in the Registrar's books, without cost to such Holders and (b) file with the Trustee, copies of the applicable annual reports, quarterly reports and other periodic reports which the Issuer would have been required to file with the SEC pursuant to Section 13 or annual report15(d) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 Exchange Act if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior Issuer were subject to such cure. (f) Section 13 or 15(d). The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, Issuer will also comply with any information required to be delivered other periodic reporting provisions pursuant to Rule 144A(d)(4TIA (S) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) 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 actual or constructive knowledge or notice of any information contained therein or determinable from information contained therein, including the Company’s Issuer's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ ' Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So For so long as the Parent Guarantor or any Notes are outstandingsuccessor thereto is subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act and the Company is a wholly owned Subsidiary of the Parent Guarantor, the Company will file with shall deliver to the SEC Trustee, and to each Holder, the Parent Guarantor's annual and quarterly reports pursuant to Section 13 or make publicly available on a website15(d) of the Exchange Act, within the time periods (including any extension thereof) specified in the SEC’s rules and regulations: (1) all quarterly and annual 15 days after such reports that would be required to be have been filed with the SEC on Forms 10-Q Commission; PROVIDED, HOWEVER; in the event either (i) the Parent Guarantor or a successor as set forth above is no longer subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act or (ii) the Company is no longer a wholly owned Subsidiary of the Parent Guarantor or a successor as set forth above, then whether or not the Company is subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company shall deliver to the Trustee and, to each Holder, within 15 days after it is or would have been (if it were subject to such reporting obligations) required to file such with the Commission, annual and 10-K quarterly financial statements substantially equivalent to financial statements that would have been included in reports filed with the Commission, if the Company were required subject to file the requirements of Section 13 or 15(d) of the Exchange Act, including, with respect to annual information only, a report thereon by the Company's certified independent accountants as such reports as a non-accelerated filer; and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file in such reports. (b) The requirements of Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect reports to the Company or parent companyCommission, as applicableand, and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions case, together with a management's discussion and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) analysis of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information which would be so required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard and, to the date on extent permitted by the Exchange Act or the Commission (if it were subject to such reporting obligations), file with the Commission the annual, quarterly and other reports which such information it is or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes would have been accelerated in accordance required to file with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) 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 actual or constructive knowledge or notice of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ ' Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So long as any Notes are outstandingWhether or not the Company is subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company will file with provide the SEC Trustee and the Holders of Notes within 15 Business Days after filing, or make publicly available on a websitein the event no such filing is required, within 15 Business Days after the end of the time periods (including specified in those sections and any extension thereof) specified in period granted under section 12b-25 of the SEC’s rules and regulationsExchange Act with: (1) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the SEC on Forms 10-Q 10‑Q and 10-K 10‑K if the Company were required to file such reports as forms, including a non-accelerated filer; “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual financial statements only, a report thereon by the Company’s independent accountants, and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. ; provided that the foregoing delivery requirements will be deemed satisfied if the foregoing materials are available on the SEC’s ▇▇▇▇▇ system or on the Company’s website within the applicable time period specified above (b) The requirements of Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company of provided that if posted to a secure internet portal, the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect will separately electronically deliver such reports to the Company or parent company, Trustee). If a Parent Entity has provided the information as applicable, and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentationforegoing paragraphs as if such Parent Entity were the Company, either on the face Company shall be deemed to have satisfied such requirements; provided the Parent Entity provides to the Trustee and the Holders of the Notes unaudited supplemental financial statements or information substantially similar to that included in the footnotes thereto or Offering Memorandum that explains in a separate discussion (which may be contained in reasonable detail the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, differences between the financial information relating to such Parent Entity and any of its Subsidiaries other than the parent companyCompany and its Restricted Subsidiaries, on the one hand, and the information relating to the Company and its Restricted Subsidiaries on a stand-alone basis, on the other hand. (cb) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors For so long as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual Notes remain outstanding and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the constitute “Management’s Discussion and Analysis of Financial Condition and Results of Operationsrestricted securities” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, onunder Rule 144, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, Notes and prospective investors, broker-dealers and securities analysts, upon their request, any the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (gc) Notwithstanding anything herein to the contrary, the Company shall not be deemed to have failed to comply with any provision of this reporting covenant for purposes of Section 6.01(4) hereof as a result of the late filing or provision of any required information or report until 90 days after the date any such information or report was due. (d) Delivery of such reports, information and documents referred to above, 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 Officers’ Officer’s Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So Whether or not required by the Commission, so long as any Notes are outstanding, the Company will file post on the Company Website and furnish to the Trustee and to any of the Holders and Beneficial Owners of Notes (by hard copy or internet access), in each case, within five Business Days of the date such filing would otherwise be required to be made with the SEC or make publicly available on a website, within the time periods (including any extension thereof) specified in the SEC’s rules and regulationsCommission: (1i) all quarterly and annual reports financial and other information with respect to the Company and its Subsidiaries that would be required to be filed contained in a filing with the SEC Commission on Forms 10-Q and 10-K if the Company were required to file such reports as Forms, prepared in all material respects in accordance with the rules and regulations applicable to such Forms, and, with respect to the annual information only, a nonreport on the annual financial statements that would be required to be contained in a Form 10-accelerated filerK by the Company’s certified independent accountants; and (2ii) all current reports that would be required to be filed with the SEC Commission on Form 8-K if the Company were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company of If the Company has designated any of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, its Subsidiaries as applicable, and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided Unrestricted Subsidiaries (other than Unrestricted Subsidiaries that, if applicablewhen taken together with all other Unrestricted Subsidiaries, any such would not be a Significant Subsidiary), then the quarterly and annual financial information required by the preceding paragraph will Section 4.03(a)(i) shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto to the financial statements or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (gc) Delivery of such reports, information and documents to the Trustee under this Section 4.03 is for informational purposes only, only and the Trustee’s receipt of such the foregoing shall not constitute actual or constructive knowledge or notice of any information contained therein or determinable from information contained therein, including the Company’s Issuers’ compliance with any of its their covenants hereunder under this Indenture (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee shall have no duty will not be obligated to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, Section 4.03 or to determine whether such reports, information or documents are have been posted on any website or filed with the SEC or made publicly available on a website, Commission. (d) The Company will be deemed to examine such reports, information, documents have furnished to the Trustee and other Holders and Beneficial Owners of Notes the reports and information referred to ensure compliance above in this Section 4.03 if the Company has filed them with the provisions Commission. For purposes of this IndentureSection 4.03, to ascertain the correctness or otherwise term “Company Website” means the collection of web pages that may be accessed on the information or World Wide Web using the statements contained therein or to participate in any conference callsURL address ▇▇▇▇://▇▇▇.

Reports. (a) So long as any Notes are outstandingSince January 1, 1997, the Company will file with the SEC or make publicly available on a website, within the time periods (including any extension thereof) specified in the SEC’s rules and regulations: (1) all quarterly and annual reports that would be required to be Seller has timely filed with the SEC on Forms 10-Q and 10-K if the Company were NASD all Securities Documents required by the Securities Laws and such Securities Documents complied in all material respects with the Securities Laws and did not contain any untrue statement of a material fact or omit to file such reports as a non-accelerated filer; and (2) all current reports that would be state any material fact required to be filed with stated therein or necessary in order to make the SEC on Form 8-K if statements therein, in light of the Company circumstances under which they were required to file such reportsmade, not misleading. (b) The Seller, the Seller's Bank and each of the Seller's Subsidiaries has timely filed and made available to the Buyer true and complete copies of all forms, reports and documents required to be filed by each of them with all appropriate federal or state governmental or regulatory authorities charged with the supervision of banks or bank holding companies or engaged in the insurance of bank deposits, including without limitation, the Commissioner of Banks of The Commonwealth of Massachusetts (the "Massachusetts Commissioner"), the FRB, and the FDIC (collectively, the "Bank Regulators") since January 1, 1997, and have paid all fees and assessments due and payable in connection therewith. Such reports as of their respective date of filing complied in all material respects with the requirements of Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company of the Company of any Annual Report on Form 10-Kall laws, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the time period required under the rules and regulations enforced or promulgated by such Bank Regulators. Except for normal periodic examinations conducted by the FDIC, the Massachusetts Commissioner or any other Bank Regulator in the regular course of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face business of the financial statements or in Seller, the footnotes thereto or in a separate discussion Seller's Bank and the Seller's Subsidiaries (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section "Bank Examinations"), no Bank Regulator has initiated any proceeding or, to the knowledge of the applicable quarterly Seller, investigation into the business or annual report), if any, between the financial information operations of the parent companySeller, on the one handSeller's Bank or any of the Seller's Subsidiaries since December 31, 1996. The Seller, the Seller's Bank and the Company and its Seller's Subsidiaries on a stand-alone basishave not received any objection from any regulatory agency to any of their responses to any violation, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at criticism or exception by any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K Bank Regulator with respect to any non-GAAP financial measures contained thereinreport or statement relating to any examinations, which objection remains unresolved. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) 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 Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. By signing this Agreement, each Lender: (a) So long as any Notes are outstandingis deemed to have requested that the Administrative Agent furnish such Lender, the Company will file with the SEC or make publicly available on a websitepromptly after they become available, within the time periods (including any extension thereof) specified in the SEC’s rules and regulations: (1) copies of all quarterly and annual reports that would be financial statements required to be filed with delivered by the SEC on Forms 10-Q Parent Borrower hereunder and 10-K if all field examinations, audits and appraisals of the Company were required to file such reports as a non-accelerated filer; and Collateral received by the Agents (2) all current reports that would be required to be filed with collectively, the SEC on Form 8-K if the Company were required to file such reports.“Reports”); (b) The requirements of Section 4.03(a) may be satisfied by expressly agrees and acknowledges that the filing with the SEC for public availability by any direct or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) Administrative Agent (i) will not be required makes no representation or warranty as to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 accuracy of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-Xthe Reports, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under liable for any information contained in any Report; (c) expressly agrees and acknowledges that the Exchange Act Reports are not comprehensive audits or Item 10(e) examinations, that the Administrative Agent or any other party performing any audit or examination will inspect only specific information regarding the Loan Parties and will rely significantly upon the Loan Parties’ books and records, as well as on representations of Regulation S-K with respect to any non-GAAP financial measures contained therein.the Loan Parties’ personnel; (d) At agrees to keep all Reports confidential and strictly for its internal use, and not to distribute except to its participants, or use any time that Report in any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company.other manner; and (e) Any without limiting the generality of any other indemnification provision contained in this Agreement, agrees: (i) to hold the Administrative Agent and all Defaults any such other Lender preparing a Report harmless from any action the indemnifying Lender may take or Events conclusion the indemnifying Lender may reach or draw from any Report in connection with any Loans or Letters of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and Credit that the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard indemnifying Lender has made or may make to the date on which such information Parent Borrower, or report is so furnished); provided that such cure shall not otherwise affect the rights indemnifying Lender’s participation in, or the indemnifying Lender’s purchase of, a Loan or Loans of the Holders in Section 6.01 if the principal of, premium, if any, onParent Borrower; and (ii) to pay and protect, and interestindemnify, if anydefend, onand hold the Administrative Agent and any such other Lender preparing a Report harmless from and against, the Notes have been accelerated in accordance with claims, actions, proceedings, damages, costs, expenses, and other amounts (including attorney costs) incurred by the terms of this Indenture Agents and any such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long other Lender preparing a Report as the Notes are not freely transferable under the Securities Act. (g) 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 direct or constructive knowledge or notice indirect result of any information contained therein third parties who might obtain all or determinable from information contained therein, including part of any Report through the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference callsindemnifying Lender.

Reports. (a) So long as any Notes are outstanding, the Company will file with the SEC (if the Company is required to do so by the rules or make publicly available on a regulations of the SEC), and will, in any event, deliver to the Trustee and post to its investor relations website, : (i) within the time periods (including any extension thereof) specified in the SEC’s rules and regulations: regulations and in any event no later than 120 days after the end of each fiscal year (1) or if such day is not a Business Day, the first Business Day thereafter), all quarterly annual financial and annual reports other information with respect to the Company and its Subsidiaries that would be required to be filed with the SEC on Forms 10-Q and 10-K if the Company were required to file such reports as contained in a non-accelerated filer; and (2) all current reports that would be required to be filed filing with the SEC on Form 820-K if the Company were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company of the Company of any Annual Report on Form 10-KF, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include including a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section and a report thereon by the Company’s certified independent accountants, and (ii) within 60 days after the end of each of the applicable quarterly or annual reportfirst and third quarters of each fiscal year (and within 75 days after the end of the second quarter of each fiscal year), if anyreports on Form 6-K, between or any successor form, attaching (a) unaudited consolidated financial statements for the Company for the period then ended (and the comparable period in the prior year), in each case prepared in accordance with IFRS (as in effect on the date of such report or financial information) and (b) the information relating to the Company described in Item 5 of Form 20-F (i.e., Operating and Financial Review and Prospects). Without limiting the foregoing, unless the Company is required to do so by the rules and regulations of the parent companySEC, it need not comply with the applicable SEC form requirements, including, in particular, an auditor’s report on internal control over financial reporting, a financial statement audit in compliance with U.S. GAAS (an annual financial statement audit in compliance with IFRS and a report thereon by the one handCompany’s certified independent accountants will, however, be required as described above) or interactive data tagging; provided that the Company shall continue to publish exhibits of material contracts consistent with prior practices. (b) For so long as any Notes remain outstanding and during any period during which the Company is not subject to Section 13 or 15(d) of the Exchange Act nor exempt therefrom pursuant to Rule 12g3-2(b) under the Exchange Act, the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders holders of the Notes and Beneficial Owners prospective purchasers of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act Act. (c) For so long as the Notes are not freely transferable under listed on the Securities ActLuxembourg Stock Exchange and the rules of such stock exchange so require, the information referred to in Section 4.03(a) hereof shall also be made available, free of charge in Luxembourg through the offices of the Transfer Agent in Luxembourg. (gd) Delivery of such reports, information and documents reports to the SEC or receipt by the Trustee is for informational purposes only, and of the Trustee’s receipt of such documents specified in this Section 4.03 shall not constitute actual or constructive notice to the Trustee, or actual or constructive knowledge or notice of any information contained therein or determinable from information contained thereinby the Trustee, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether contents of such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference callsdocuments.

Reports. (a) So Whether or not required by the rules and regulations of the SEC, so long as any Notes are outstanding, the Company will file with shall furnish to the SEC or make publicly available on a website, within Trustee and the time periods Holders: (including any extension thereof) specified in the SEC’s rules and regulations: (1i) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the SEC on Forms 10-Q and 10-K if the Company were required to file such reports as forms, including a non-accelerated filer“Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, a report on the annual financial statements by the Company’s certified independent accountants; and and (2ii) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied , in each case, within 15 days after the date by which the Company would have been required by the filing SEC’s rules and regulations to file such documents. In addition, whether or not required by the SEC, the Company shall file a copy of all of the information and reports referred to in clauses (i) and (ii) above with the SEC for public availability within 15 days after the date by any direct or indirect parent company of which the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing would have been required by the required information with respect to the Company or parent company, as applicable, and filed within the time period required under the SEC’s rules and regulations of to file such documents (unless the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include accept such a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the filing). The Company shall be deemed to be have furnished the reports referred to in compliance with this covenantclauses (i) upon furnishing such information as contemplated by this covenant and (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 ii) above if the principal ofCompany has filed Form 10-Q, premium10-K and 8-K reports, if anyas required, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture SEC (and such acceleration has not been rescinded or cancelled prior to such curereports are publicly available). (fb) The For so long as any Notes remain outstanding, the Company and the Guarantors shall furnish to the Holders and Beneficial Owners of the Notes, to securities analysts and prospective investors, broker-dealers and securities analysts, upon their request, any the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as to the Notes are extent such information requirement is not freely transferable under satisfied by delivery of the Securities Actinformation pursuant to clause (a) above. (gc) 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 (as to which the Trustee is entitled to rely exclusively on Officers’ Certificatesan Officer’s Certificate or certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So Whether or not required by the rules and regulations of the SEC, so long as any Notes are outstanding, the Company and the Guarantors will file with furnish to the SEC or make publicly available on a website, within Trustee and the time periods Holders of the Notes (including any extension thereof) specified in the SEC’s rules and regulations: (1i) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the SEC on Forms 10-Q and 10-K if the Company and the Guarantors were required to file such reports as Forms, including a non-accelerated filer; "Management's Discussion and Analysis of Financial Condition and Results of Operations" that describes the financial condition and results of operations of the Company and its consolidated Subsidiaries and , with respect to the annual information only, a report thereon by the Company's and the Guarantors' certified independent accountants, and (2ii) all current reports that would be required to be filed with the SEC on Form 8-K if the Company and the Guarantors were required to file such reports. , in each case within the time periods specified in the SEC's rules and regulations (b) The requirements with the exception of Section 4.03(a) may the quarterly financial information that would be satisfied required to be contained in a filing with the SEC on Form 10-Q for the three months ended March 31, 1998, which will be required to be furnished on or prior to May 31, 1998). In addition, following the consummation of the Exchange Offer contemplated by the filing Registration Rights Agreement, whether or not required by the rules and regulations of the SEC, the Company and the Guarantors will file a copy of all such information and reports with the SEC for public availability by any direct or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the time period periods specified in the SEC's rules and regulations (unless the SEC will not accept such a filing) and make such information available to securities analysts and prospective investors upon request. The Company and the Guarantors shall be deemed to have satisfied such requirements if GCL or New GCL files and provides reports, documents and information of the types otherwise so required by the SEC, in each case within the applicable time periods, and the Company and the Guarantors are not required by the SEC to file such reports, documents and information separately under the applicable rules and regulations of the SEC for the filing of such forms; provided that, if applicable, (after giving effect to any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face exemptive relief) because of the financial statements filings by GCL or in the footnotes thereto or in a separate discussion New GCL. The Company shall at all times comply with TIA (which may be contained in the “Management’s Discussion S) 314(a). (b) For so long as any Series A Notes remain outstanding (and Analysis of Financial Condition and Results of Operations” section regardless of the applicable quarterly or annual reportpenultimate sentence of paragraph (a) above), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, to securities analysts and prospective investors, broker-dealers and securities analysts, upon their request, any the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) 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 Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So Whether or not required by the Commission, so long as any Notes notes are outstanding, the Company Parent will file with the SEC or make publicly available on a website, Commission for public availability within the time periods (including any extension thereof) specified in the SECCommission’s rules and regulationsregulations (unless the Commission will not accept such a filing), and the Parent will furnish to the Trustee and, upon its request, to any of the Holders, within five Business Days of filing, or attempting to file, the same with the Commission: (1) all quarterly and annual reports financial and other information with respect to the Parent and its Subsidiaries that would be required to be filed contained in a filing with the SEC Commission on Forms 10-Q and 10-K if the Company Parent were required to file such reports as Forms, including a non-accelerated filer; “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, a report on the annual financial statements by the Parent’s certified independent accountants; (2) all current reports that would be required to be filed with the SEC Commission on Form 8-K if the Company Parent were required to file such reports; and (3) unaudited quarterly and audited annual financial statements of the Company and its Subsidiaries. (b) The requirements of Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company of If the Company has designated any of any Annual Report on Form 10-Kits Subsidiaries as Unrestricted Subsidiaries, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing then the required information with respect to the Company or parent company, as applicable, quarterly and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such annual financial information required by the preceding paragraph (a) of this Section 4.03 will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or thereto, and in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (ec) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (In addition, the Company and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information Guarantors agree that, for so long as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal ofany Notes remain outstanding, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall they will furnish to the Holders of Notes and Beneficial Owners of the Notes, to securities analysts and prospective investors, broker-dealers and securities analysts, upon their request, any the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (gd) The availability of the materials specified in items (a) through (c) above on the Commission’s website shall be deemed to satisfy the foregoing delivery obligations. (e) Delivery of such reports, information and documents to the Trustee under this Section 4.03 is for informational purposes only, and the Trustee’s receipt of such the foregoing 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 Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So long as any Notes are outstanding, Parent will furnish to the Company will file with the SEC or make publicly available on a websiteTrustee, within the time periods (including any extension thereof) specified in the SEC’s rules and regulations:regulations that would apply to Parent if it were subject to those rules and regulations (whether or not Parent is actually so subject): (1) all quarterly and annual reports of Parent containing substantially all of the information that would be have been required to be filed with the SEC on Forms 10-Q and 10-K if the Company were required to file such reports as a non-accelerated filer; and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company of the Company of any contained in an Annual Report on Form 10-KK under the Exchange Act if Parent had been a reporting company under the Exchange Act (but only to the extent similar information is included in the Offering Memorandum), including (A) “Management’s discussion and analysis of financial condition and results of operations” and (B) audited financial statements prepared in accordance with GAAP; (2) quarterly reports of Parent containing substantially all of the information that would have been required to be contained in a Quarterly Report on Form 10- 10-Q under the Exchange Act if Parent had been a reporting company under the Exchange Act (but only to the extent similar information is included in the Offering Memorandum), including (A) “Management’s discussion and analysis of financial condition and results of operations” and (B) the unaudited quarterly financial statements prepared in accordance with GAAP and reviewed pursuant to Statement on Auditing Standards No. 100 (or any successor provision); and (3) current reports containing substantially all of the information that would have been required to be contained in a Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the time period required K under the rules Exchange Act if Parent had been a reporting company under the Exchange Act; provided, however, that no such current report will be required to be furnished if (A) Parent determines in its good faith judgment that such event is not material to Holders of Notes or the business, assets, operations, financial positions or prospects of Parent and regulations of its Restricted Subsidiaries, taken as a whole or (B) a failure to furnish such current report would not result in Parent losing its Form S-3 filing eligibility. Notwithstanding the SEC for the filing of such forms; provided thatforegoing, if applicable, any such financial information in no event will Parent be required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in this Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant 4.03 to Section 4.03(a) (i) will not be required to contain comply with Section 302 or Section 404 of the separate financial information for Guarantors as contemplated by Rule 13▇▇▇▇▇▇▇▇-01 ▇▇▇▇▇ Act of 2002, or 13-02 related Items 307 and 308 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated K promulgated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-Xthe SEC, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K (with respect to any non-GAAP financial measures contained therein) or Regulation G, (ii) include the separate financial information for Guarantors contemplated by Rule 3-10 of Regulation S-X promulgated by the SEC or (iii) provide any additional information in respect of Item 402 of Regulation S-K beyond information of the type included in the Offering Memorandum. Parent’s reporting obligations under the first paragraph of subparagraph (a) of this Section 4.03 will be satisfied if Parent timely files such reports with the SEC on ▇▇▇▇▇. (b) Within 10 Business Days after any Appraisal is required to be delivered pursuant to Section 4.19 hereof, the Company will furnish to the Trustee a summary of each such Appraisal (which summary will be made publicly available) and will post the complete Appraisal on a private, restricted website to which Holders of Notes, prospective investors, broker-dealers and securities analysts are given access, subject to such individuals agreeing to confidentiality obligations reasonably acceptable to the Company for securities law purposes. (c) So long as any Notes are outstanding, if at any time Parent is not required to file with the SEC the reports required by the preceding subparagraph (a) of this Section 4.03, Parent will also: (1) issue a press release to an internationally recognized wire service no fewer than three Business Days prior to the first public disclosure of the reports required by the preceding subparagraphs (a) and (b) of this Section 4.03 announcing the date on which such reports will become publicly available and directing Holders of Notes, prospective investors, broker-dealers and securities analysts to contact the investor relations office of Parent to obtain copies of such reports; and (2) maintain a website to which Holders of Notes, prospective investors, broker-dealers and securities analysts are given access and to which all of the reports and press releases required by this Section 4.03 are posted. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall will furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable constitute “restricted securities” under the Securities ActRule 144. (ge) 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 compliance by the Company’s compliance Company or any Guarantor with any of its their covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So long as any Notes are outstanding, the The Company will file with use its best efforts to generate under the SEC or make publicly available on Electronic Platform a website, report providing for the following figures within 10 Business Days after the time periods end of each calendar quarter (including any extension thereofthe "Reports") specified in and to deliver such Reports to the SEC’s rules and regulationsAgent for distribution to the Issuing Banks: (1i) the Base Currency Amount of all quarterly and annual reports that would be required to be filed with outstanding L/Gs as determined for such day; (ii) the SEC aggregate Base Currency Amount of all outstanding L/Gs issued on Forms 10-Q and 10-K if behalf of the Company were required to file such reports as a non-accelerated filerCompany; (iii) the aggregate Base Currency Amount of all outstanding L/Gs issued in an Optional Currency not being either USD, GBP or CHF; and (2iv) all current reports that would be required relevant information (including the name of the beneficiary of the L/G, the type of L/G, the L/G amount, the date of issuance or prolongation and the initially fixed maturity date or Commercial Lifetime (and if applicable, any prolongation thereof) of such L/G) with respect to be filed with the SEC on Form 8-K if the Company were required to file such reportsany L/G outstanding. (b) The requirements Agent, the Lenders and the Issuing Banks may download copies of Section 4.03(a) the Reports. In the event that the Agent and/or any Issuing Bank discovers an error in the Reports, such Party shall notify the Company and the relevant other Parties accordingly. Upon receipt of such notice, the relevant Parties shall seek mutual agreement on the relevant corrections and any entries in the Electronic Platform shall be made or, as the case may be satisfied be, corrected by the filing with Company and/or the SEC for public availability by relevant Issuing Bank accordingly. In the case that any direct such correction has an impact on the amount of any fees payable or indirect parent company of paid under this Agreement, the relevant Issuing Bank shall notify the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing such difference which shall be taken into account by the required information with respect Issuing Bank in the next notification to the Company and payment to the Lenders pursuant to Clause 11.1 (Commitment fee) or parent company, as applicable, and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion Clause 11.2 (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual reportL/G fee), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding If the foregoing in Section 4.03(a)Electronic Platform is not available, at any time when each Issuing Bank shall upon request by the Company does not otherwise file such reports with Agent provide the SEC, following figures to the reports provided pursuant Agent for distribution to Section 4.03(a) the other Issuing Banks and the Company: (i) will not be required to contain the separate financial information Base Currency Amount of all its outstanding L/Gs as determined for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and such day; (ii) shall the aggregate Base Currency Amount of all its outstanding L/Gs issued on behalf of the Company; (iii) the aggregate Base Currency Amount of all its outstanding L/Gs issued in an Optional Currency not be required to comply with Regulation being either USD, GBP or CHF; and (iv) all relevant information (including the name of the beneficiary of the L/G, the type of L/G, the L/G under amount, the Exchange Act date of issuance or Item 10(eprolongation and the initially fixed maturity date or Commercial Lifetime (and if applicable, any prolongation thereof) of Regulation S-K such L/G) with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) 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 L/G outstanding. Paragraph (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee b) shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference callsapply mutatis mutandis.

Reports. (a) So Whether or not required by the rules and regulations of the SEC, so long as any Notes Securities are outstanding, the Company will file with shall furnish to the SEC or make publicly available on a website, within the time periods Holders of Securities (including any extension thereof) specified in the SEC’s rules and regulations: (1i) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the SEC on Forms 10-Q and 10-K if the Company were required to file such reports as Forms, including "Management's Discussion and Analysis of Financial Condition and Results of Operations" and, with respect to the annual information only, a non-accelerated filer; and report thereon by the Company's certified independent accountants and (2ii) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. (b) The requirements , in each case within the time periods specified in the SEC's rules and regulations. In addition, the Company shall file a copy of Section 4.03(a) may be satisfied by the filing all such information and reports with the SEC for public availability by any direct or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the time period required under periods set forth in the SEC's rules and regulations of (unless the SEC for will not accept such a filing) and make such information available to securities analysts and prospective investors upon request. In addition to the filing of such forms; provided that, if applicable, any such financial information required by the Exchange Act, each such quarterly and annual report shall be required to contain "summarized financial information" (as defined in Rule 1-02(aa)(1) of Regulation S-X under the Exchange Act) showing Adjusted Operating Cash Flow for the Company and its Significant Subsidiaries, on a consolidated basis, where Adjusted Operating Cash Flow for the Company is calculated in a manner consistent with the manner described under the definition of "Adjusted Operating Cash Flow" contained herein. The summarized financial information required pursuant to the preceding paragraph will include a reasonably detailed presentationsentence may, either on at the face election of the Company, be included in the footnotes to the audited consolidated financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section unaudited quarterly financial statements of the applicable quarterly or annual report), if any, between the financial information Company and shall be as of the parent company, on same dates and for the one hand, and same periods as the consolidated financial statements of the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided required pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) 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 Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So To the extent Holdings is required by the rules and regulations of the SEC, so long as any Notes are outstanding, Holdings will furnish to the Company will file with Trustee and to the SEC or make publicly available on a website, within the time periods (including any extension thereof) specified in the SEC’s rules and regulationsHolders: (1) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the SEC on Forms 10-Q and 10-K if the Company Holdings were required to file such reports as Forms, including a non“Management’s Discussion and Analysis of Financial Condition and Results of Operations” that describes the financial condition and results of operations of Holdings and its consolidated Subsidiaries and, with respect to the annual information only, a report thereon by Holdings’ certified independent accountants; provided that no information required to be provided pursuant to Rule 3-accelerated filer10 or Rule 3-16 of Regulation S-X shall be required to be included therein; and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Company Holdings were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-Kin each case, containing the required information with respect to the Company or parent company, as applicable, and filed within the time periods required for filing such forms and reports as specified in the SEC’s rules and regulations, including any extension period required under Rule 12b-25 under the rules Exchange Act (and regulations of the SEC for the filing of such forms; provided that, if applicable, during any such financial information period in which Holdings is not required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise to file such reports with the SEC, within the reports provided pursuant time periods specified in the SEC’s rules and regulations applicable to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by a “non-accelerated filer,” including any extension period under Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G 12b-25 under the Exchange Act Act). To the extent any such information is not so filed or Item 10(e) of Regulation S-K furnished, as applicable, within the time periods specified above and such information is subsequently filed or furnished, as applicable, the Issuer will be deemed to have satisfied its obligations with respect to thereto at such time and any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements Default or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events Event of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company with respect thereto shall be deemed to be in compliance with this covenant) upon furnishing have been cured. The filing by Holdings of such information as contemplated by and such reports with the SEC shall satisfy any requirement under this covenant (but without regard Indenture to furnish such reports to the date on which such information or report is Trustee and to Holders. In addition, to the extent not satisfied by the foregoing, Holdings will agree that, for so furnished); provided that such cure shall not otherwise affect long as any Notes are outstanding, it will furnish to the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, Trustee and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, to securities analysts and prospective investors, broker-dealers and securities analysts, upon their request, any the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (gb) Delivery of such reports, information and documents to the Trustee is for informational purposes only, only and the Trustee’s receipt of such reports, information and documents shall not constitute actual or constructive knowledge or notice of any information contained therein or determinable from information contained therein, including the CompanyIssuer’s, any Guarantor’s or any other Person’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee shall have no duty Officer’s Certificates delivered pursuant to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls).

Reports. (a) So long as any Notes are outstandingOutstanding, the Company will shall file with the SEC or make publicly available on a websiteTrustee and shall furnish to the Holders of Notes, within the time periods (including any extension thereof) specified in the SEC’s 's rules and regulations: (1) all quarterly and annual reports filed by the Company with the SEC on Forms 10-Q and 10-K or, if at any time the Company is not required to file such reports with the SEC, all quarterly and annual financial information that would be required to be filed contained in a filing with the SEC on Forms 10-Q and 10-K if the Company were required to file such reports as forms, including a non-accelerated filer"Management's Discussion and Analysis of Financial Condition and Results of Operations" and, with respect to the annual information only, a report thereon by the Company's independent accountants; and (2) all current reports filed by the Company with the SEC on Form 8-K or, if at any time the Company is not required to file such reports with the SEC, all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. . The Company shall timely file all reports required to be filed with the SEC. In addition, if at any time the Company is not required to file reports with the SEC, the Company shall file a copy of the information and reports referred to in clauses (b1) The requirements of Section 4.03(aand (2) may be satisfied by the filing above with the SEC for public availability by any direct or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the time period periods specified in the SEC's rules and regulations (unless the SEC will not accept such a filing) and make such information available to securities analysts and prospective investors. Notwithstanding the foregoing, the Company and any Subsidiary Guarantors (to the extent that such Subsidiary Guarantors are so required under the rules TIA) shall file with the Trustee and regulations of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish transmit to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) 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 Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports reports, and such summaries thereof, as may be required pursuant to ensure compliance with the provisions of this Indenture, to ascertain TIA at the correctness or otherwise of times and in the information or the statements contained therein or to participate in any conference callsmanner provided therein.

Reports. (a) So long as any Notes are outstandingSince September 30, 2007, the Company will file with the SEC or make publicly available on a website, within the time periods (including any extension thereof) specified in the SEC’s rules and regulations: (1) has timely filed all quarterly and annual reports that would be documents required to be filed with the SEC on Forms 10-Q and 10-K if pursuant to Sections 13(a) or 15(d) of the Company were required to file such reports as a non-accelerated filer; and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reportsExchange Act. (b) The SEC Reports, when they became effective or were filed with the SEC, as the case may be, complied as to form in all material respects with the requirements of Section 4.03(a) may be satisfied by the filing with Securities Act or the SEC for public availability by any direct or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent companyExchange Act, as applicable, and filed within the time period required under the rules and regulations of the SEC for the filing thereunder, in each case as in effect at such time, and none of such forms; provided thatdocuments contained an untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary to make such statements, if applicable, any such financial information required by in the preceding paragraph will include a reasonably detailed presentation, either on the face light of the financial statements or circumstances in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report)they were made, if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other handnot misleading. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the The Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required has implemented and maintains disclosure controls and procedures (as defined in Rule 13a-15(e) under the Exchange Act) that are reasonably designed to contain ensure that material information relating to the separate financial information Company, including its consolidated Subsidiaries, is made known to the individuals responsible for Guarantors as contemplated by Rule 13-01 or 13-02 the preparation of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions the Company’s filings with the SEC and (ii) shall not be required has disclosed, based on its most recent evaluation prior to comply with Regulation G the date of this Agreement, to the Company’s outside auditors and the Board’s Audit Committee (A) any significant deficiencies and material weaknesses in the design or operation of internal controls over financial reporting (as defined in Rule 13a-15(f) under the Exchange Act Act) that are reasonably likely to adversely affect the Company’s ability to record, process, summarize and report financial information and (B) any fraud, whether or Item 10(e) not material, that involves management or other employees who have a significant role in the Company’s internal controls over financial reporting. As of Regulation S-K with respect the date of this Agreement, to any non-GAAP financial measures contained therein. (d) At any time that any the Knowledge of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then there is no reason that its outside auditors and its chief executive officer and chief financial officer will not be able to give the annual certifications and quarterly financial reports attestations required by pursuant to the rules and regulations adopted pursuant to Section 4.03(a) will include a reasonably detailed presentation, either on the face 404 of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company2002, without qualification, when next due. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) 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 Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So Whether or not required by the SEC, so long as any Notes are outstanding, the Company will file with furnish, or cause the SEC or make publicly available on a websiteTrustee to furnish, to the Holders of Notes, within the time periods (including any extension thereofexcept as otherwise noted below) specified in the SEC’s 's rules and regulations: (1a) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the SEC on Forms 1020-Q and 10F or 40-K if F, as applicable (or any successor forms), containing the information required therein (or required in such successor form) including a report on the annual financial statements by the Company's certified independent accountants; and (b) for the first three quarters of each year, all quarterly financial information that would be required to be contained in quarterly reports under the laws of Canada or any province thereof or provided to securityholders of a company with securities listed on the Toronto Stock Exchange, whether or not the Company were required to file such reports as has any of its securities so listed, in each case including a non-accelerated filer"Management's Discussion and Analysis of Financial Condition and Results of Operations"; and (2) all current reports within 10 Business Days after the occurrence of any event that would give rise to a requirement to file information regarding such event with the SEC on Form 8-K, all information that would otherwise be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. (b) The requirements . If the Company has designated any of Section 4.03(a) may be satisfied by its Subsidiaries as Unrestricted Subsidiaries, then, to the filing with extent such Unrestricted Subsidiaries in the SEC aggregate accounted for public availability by any direct more than 10% of Consolidated Cash Flow or indirect parent company the consolidated total assets of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q and its Restricted Subsidiaries for or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the time period required under the rules and regulations of the SEC for end of the filing of such forms; provided thatreporting period, if applicable, any such the quarterly and annual financial information required by the preceding paragraph will shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or thereto, and in a separate discussion (which may be contained in the “Management’s 's Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from excluding the financial condition and results Unrestricted Subsidiaries. In addition, whether or not required by the SEC, the Company will file a copy of operations all of the Unrestricted Subsidiaries information and reports referred to in clauses (1) and (2) of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) 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 Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on for public availability within the time periods specified in the SEC's rules and regulations (unless the SEC will not accept such a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference callsfiling).

Reports. (a) So Whether or not required by the rules and regulations of the SEC, so long as any Notes are outstanding, the Company will file with the SEC or make publicly available on a website, within (unless the time periods (including any extension thereofSEC will not accept such filings) specified in and furnish to the SEC’s rules and regulations: (1) Noteholders all quarterly and annual reports financial information, and within 15 days of the dates such information is filed with the SEC, that would be required to be filed contained in a filing with the SEC on Forms 10-Q and 10-K if (including pursuant to any extension authorized by the Company were required SEC, rule, regulation or executive order). In addition, to file such reports as a non-accelerated filer; and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. (b) The requirements of Section 4.03(a) may be extent not satisfied by the filing with foregoing, the SEC for public availability by any direct or indirect parent company Company will furnish to Holders of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, Notes and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or prospective investors in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any the information required to be delivered pursuant to Rule 144A(d)(4). The Company will be deemed to have satisfied the requirements of the first paragraph of this Section 405 if any Parent Entity furnishes or makes available information regarding the Parent Entity of the type otherwise so required with respect to the Parent Guarantor and such Parent Entity is subject to the reporting requirements of Section 13(a) or 15(d) of the Exchange Act and has filed reports required under Section 13(a) or 15(d) of the Securities Exchange Act so long with the SEC via ▇▇▇▇▇ (or successor) filing system and such reports are publicly available, in each case provided that the same is accompanied by information describing the non-equity differences between the financial information relating to such Parent Entity and its Subsidiaries, on the one hand, and the financial information relating to the Parent Guarantor and its Subsidiaries, on the other hand (as determined by the Notes are Company in good faith, which determination shall be conclusive) and for the avoidance of doubt need not freely transferable under the Securities Act. (g) be audited or compliant with Regulation S-X. Delivery of such any 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 actual notice 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 Officers’ Certificatesan Officer’s Certificate). The Trustee shall have no duty liability or responsibility for the filing, timeliness, or content of such reports. The Trustee is not obligated to monitor or confirm, on a continuing basis or otherwise, the Company’s any reports or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, posted to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein any website or to participate in any conference calls.

Reports. (a) So long as any Notes are outstandingOn or before the 10th of each month, the Company Servicer will provide to the Owner or its designee a computer tape or electronically transmitted data file containing the data with respect to the SEC Monthly Remittance Date as set forth below (or make publicly available such other information as may be agreed upon by the parties or as may be required by ▇▇▇▇▇▇ ▇▇▇ guides): (i) mortgage loan number; (ii) scheduled balance; (iii) actual balance; (iv) due date; (v) statement of remittances; (vi) statement of prepaid accounts; (vii) statement of curtailments; (viii) statement of current Prepayments in Full; (ix) upon request, statement of delinquents, and a detailed delinquency report on a websiteall Mortgage Loans more than 30 days delinquent; (x) upon request, within the time periods foreclosure status (including any extension thereof) specified in the SEC’s rules and regulations:bankruptcy); (1xi) all quarterly and annual reports that would be required statement of loans added, if any; (xii) the amount of the aggregate remittance on such Monthly Remittance Date allocable to be filed with principal; (xiii) the SEC amount of the aggregate remittance on Forms 10-Q and 10-K if the Company were required such Monthly Remittance Date allocable to file such reports as a non-accelerated filerinterest; and (xiv) the aggregate amount to be remitted to the Owner on such Monthly Remittance Date. The Servicer may submit the foregoing information in two (2) all current reports that would be required separate reports, one relating to be filed with the SEC on Form 8-K if the Company were required Mortgage Loans sold by WMBFA and one relating to file such reportsMortgage Loans sold by Washington Mutual Bank and/or Washington Mutual Bank fsb. (b) The Upon reasonable advance notice in writing, the Servicer shall provide to any Owner which is a savings and loan association, a bank, an insurance company or other regulated or supervised entity reports and access to information and documentation regarding the Mortgage Loans and the transactions contemplated hereby sufficient to permit the Owner to comply with the applicable regulations of relevant regulatory or supervisory authorities with respect to its investment in the Mortgage Loans and Owner's internal and third-party audit requirements. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided to the Owner pursuant to any requirements of Section 4.03(a) may the Internal Revenue Code as from time to time are in force. The Servicer shall prepare and file any and all tax returns, information statements or other filings required to be satisfied by delivered to any governmental taxing authority or to the filing with the SEC for public availability by Owner pursuant to any direct or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information applicable law with respect to the Company or parent companyMortgage Loans and the transactions contemplated hereby. In addition, the Servicer shall provide the Owner with such information concerning the Mortgage Loans as applicable, and filed within the time period required under the rules and regulations of the SEC is necessary for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and Owner to prepare its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long federal income tax return as the Notes are not freely transferable under the Securities ActOwner may reasonably request from time to time. (g) 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 Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So Whether or not required by the Commission, so long as any Notes are outstanding, the Company will Issuer shall electronically file with the SEC or make publicly available on a website, within Commission by the time periods (including any extension thereof) respective dates specified in the SECCommission’s rules and regulationsregulations (the “Required Filing Date”), unless, in any such case, such filings are not then permitted by the Commission: (1a) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the SEC Commission on Forms 10-Q and 10-K if the Company Issuer were required to file such reports as Forms, including a non-accelerated filer; and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of and, with respect to the applicable quarterly or annual report)information only, if any, between the financial information of the parent company, a report on the one hand, and annual financial statements by the Company and its Subsidiaries on a stand-alone basis, on the other hand.Issuer’s certified independent accountants; and (cb) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such all current reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not that would be required to contain be filed with the separate financial Commission on Form 8-K if the Issuer were required to file such reports; If such filings with the Commission are not then permitted by the Commission, or such filings are not generally available on the Internet free of charge, the Issuer shall, within 15 days of each Required Filing Date, transmit by mail (or, when the Notes are in the form of Global Securities, send pursuant to the applicable procedures of the Common Depositary) to Holders of the Notes, as their names and addresses appear in the Note register, without cost to such Holders of the Notes, and file with the Trustee copies of the information for Guarantors or reports that the Issuer would be required to file with the Commission pursuant to the first paragraph of this Section 4.4 if such filing were then permitted. So long as contemplated by Rule the Parent Guarantor complies with the requirements of Rules 3-10 and 13-01 or 13-02 of Regulation S-X promulgated by the Commission (or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-Xsuccessor provision), or in each case any successor provisions the reports, information and (ii) shall not be other documents required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect be filed and furnished to any non-GAAP financial measures contained therein. (d) At any time that any Holders of the Company’s Significant Subsidiaries are Unrestricted SubsidiariesNotes pursuant to this Section 4.4 may, then at the annual option of the Issuer, be filed by and quarterly financial be those of the Parent Guarantor rather than the Issuer. The availability of the foregoing reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements Commission’s ▇▇▇▇▇ service (or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual reportsuccessor thereto) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard satisfy the Issuer’s delivery obligations to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, Trustee and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) Holders. 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 CompanyIssuer’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the CompanyIssuer’s or any other Personperson’s compliance with any of the covenants under this the Indenture, to determine whether such the Issuer posts reports, information or documents are filed with on the SEC SEC’s website (including via the ▇▇▇▇▇ filing system), the Issuer’s (or made publicly available on a websiteParent Guarantor’s) website or otherwise, to examine collect any such reportsinformation from the SEC’s website (including via the ▇▇▇▇▇ filing system), informationthe Issuer’s (or Parent Guarantor’s) website or otherwise, documents and other or to review or analyze reports delivered to it to ensure compliance with the provisions of this the Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So Whether or not required by the rules and regulations of the SEC, so long as any Term Notes are outstanding, the Company will file with Borrower shall furnish to the SEC or make publicly available on a website, within the time periods Lenders (including any extension thereof) specified in the SEC’s rules and regulations: (1i) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the SEC on Forms 10-Q and 10-K if the Company Borrower were required to file such reports as forms, including a non"Management's Discussion and Analysis of Financial Condition and Results of Operations" that describes the financial condition and results of operations of the Borrower and its consolidated Subsidiaries (showing in reasonable detail, in the footnotes to the financial statements and in "Management's Discussion and Analysis of Financial Condition and Results of Operations" (in each case to the extent not prohibited by the SEC's rules and regulations), (A) the financial condition and results of operations of the Borrower and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Borrower and (B) the Tower Cash Flow for the most recently completed fiscal quarter and the Adjusted Consolidated Cash Flow for the most recently completed four-accelerated filer; quarter period) and , with respect to the annual information only, a report thereon by the Borrower's certified independent accountants and (2ii) all current reports that would be required to be filed with the SEC on Form 8-K if the Company Borrower were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied , in each case within the time periods specified in the SEC's rules and regulations. In addition, whether or not required by the filing rules and regulations of the SEC, the Borrower shall file a copy of all such information and reports with the SEC for public availability by any direct or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the time period required under periods specified in the SEC's rules and regulations of (unless the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions accept such a filing) and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing make such information as contemplated by this covenant (but without regard available to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, securities analysts and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cureprospective investors upon request. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) 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 Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So long as any Notes are outstandingSince January 1, 2004, the Company Seller and its subsidiaries have timely filed, and subsequent to the date hereof, will file timely file, all reports, registrations and statements, together with the SEC or make publicly available on a websiteany amendments required to be made with respect thereto, within the time periods (including any extension thereof) specified in the SEC’s rules that were and regulations: (1) all quarterly and annual reports that would be are required to be filed with (i) the SEC on SEC, including, but not limited to, Forms 10-K, Forms 10-Q and 10Forms 8-K if (collectively, the Company ‘‘Seller SEC Reports’’) (and copies of all such Seller SEC Reports have been or will be delivered or otherwise made available by the Seller to the Parent) and (ii) any applicable state securities authorities (except, in the case of state securities authorities, no such representation is made as to filings which are not material) (all such reports, registrations and statements, together with any amendments thereto, are collectively referred to herein as the ‘‘Seller Reports’’) and have paid all fees and assessments due and payable in connection with any of the foregoing. As of their respective dates, the Seller Reports complied and, with respect to filings made after the date of this Agreement, will at the date of filing comply, in all material respects, with all of the statutes, rules and regulations enforced or promulgated by the regulatory authority with which they were filed and did not contain and, with respect to filings made after the date of this Agreement, will not at the date of filing contain, any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. None of the Seller’s subsidiaries is required to file such reports as a non-accelerated filer; and (2) any form, report or other document with the SEC. The Seller has made available to the Parent true and complete copies of all current reports amendments and modifications that would be required to be have not been filed by the Seller or any subsidiary with the SEC on Form 8-K if to all agreements, documents and other instruments that previously had been filed by the Company were required to file such reportsSeller or any subsidiary with the SEC and are currently in effect. (b) The Seller has (i) designed and maintained disclosure controls and procedures (as defined in Rules 13a-15(e) and 15d-15(e) under the Exchange Act) to ensure that material information relating to the Seller, including its consolidated subsidiaries, that is required to be disclosed by the Seller in the reports it files under the Exchange Act is made known to its principal executive officer and principal financial officer or other appropriate members of management as appropriate to allow timely decisions regarding required disclosure; (ii) designed and maintained a system of internal control over financial reporting (as defined in Rules 13a-15(f) and 15d-15(f) of the Exchange Act) sufficient to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with GAAP, including reasonable assurance (A) that transactions are executed in accordance with management’s general or specific authorizations and recorded as necessary to permit preparation of financial statements in conformity with GAAP and to maintain asset accountability and (B) regarding prevention or timely detection of any unauthorized acquisition, use or disposition of assets that could have a material effect on the Seller’s financial statements; (iii) with the participation of the Seller’s principal executive and financial officers, completed an assessment of the effectiveness of the Seller’s internal controls over financial reporting in compliance with the requirements of Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company 404 of the Company of any ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act for the year ended December 31, 2005, and such assessment concluded that such internal controls were effective using the framework specified in the Seller’s Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect K for such year ended; and (iv) to the Company or parent company, as applicable, and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such financial information extent required by the preceding paragraph will include a reasonably detailed presentationapplicable Laws, either on the face of the financial statements disclosed in such report or in the footnotes any amendment thereto or in a separate discussion (which may be contained any change in the “ManagementSeller’s Discussion and Analysis of Financial Condition and Results of Operations” section of internal control over financial reporting that occurred during the applicable quarterly period covered by such report or annual report)amendment that has materially affected, if anyor is reasonably likely to materially affect, between the Seller’s internal control over financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other handreporting. (c) Notwithstanding Seller has disclosed, based on the foregoing in Section 4.03(a)most recent quarterly evaluation of internal control over financial reporting, at any time when to the Company does not otherwise file such reports with Seller’s auditors and audit committee of the SEC, the reports provided pursuant to Section 4.03(a) Seller board of directors (i) will not be required any significant deficiency or material weakness in the design or operation of internal control over financial reporting that is reasonably likely to contain adversely affect the separate Seller’s ability to record, process, summarize and report financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-Xinformation, or in each case any successor provisions and (ii) shall any fraud, whether or not be required to comply with Regulation G under material, that involves management or other employees who have a significant role in the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP Seller’s internal control over financial measures contained thereinreporting. (d) At any time that any There are no pending (i) formal or, to the knowledge of the Company’s Significant Subsidiaries are Unrestricted SubsidiariesSeller, then informal investigations of Seller by the annual and quarterly financial reports required by Section 4.03(aSEC, (ii) will include a reasonably detailed presentation, either on to the face knowledge of the Seller, inspections of an audit of the Seller’s financial statements by the Public Company Accounting Oversight Boards or in (iii) investigations by the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section audit committee of the applicable quarterly Seller board of directors regarding any complaint, allegation, assertion or annual report) of claim that the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) 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 Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s Seller or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information Seller subsidiary has engaged in improper or documents are filed with the SEC illegal accounting or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness auditing practices or otherwise of the information maintains improper or the statements contained therein or to participate in any conference callsinadequate internal accounting controls.

Reports. (a) So long as any Notes are outstandingoutstanding (whether or not the Company or Parent is subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act or otherwise reports on an annual and quarterly basis on forms provided for such annual and quarterly reporting pursuant to the rules and regulations of the Commission), Parent or the Company will file with furnish to the SEC or make publicly available on a website, within Trustee and to Holders of Notes the time periods (including any extension thereof) specified in the SEC’s rules and regulationsfollowing: (1) all quarterly within the time period specified in the Commission’s rules and regulations, including after giving effect to applicable extensions under rule 12b-25 of the Exchange Act, annual reports that would be of Parent on Form 10-K (as then applicable to Parent) (or any successor or comparable form) containing the information required to be filed with contained therein (or required in such successor or comparable form); (2) within the SEC time period specified in the Commission’s rules and regulations, including after giving effect to applicable extensions under rule 12b-25 of the Exchange Act, quarterly reports of Parent on Forms Form 10-Q and 10-K if (as then applicable to Parent) (or any successor or comparable form) containing the Company were information required to file be contained in such reports as a non-accelerated filerForm (or required in such successor or comparable form); and (23) within 10 days after the time period specified in the Commission’s rules and regulations, all current reports that would be required to be filed with the SEC Commission on Form 8-K if the Company Parent were required to file such reports. (b) The requirements Company will be deemed to have furnished such reports referred to above to the Trustee and the Holders of Section 4.03(a) may be satisfied by the filing with Notes if the SEC for public availability by Company or any direct or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q has filed such reports with the Commission via the ▇▇▇▇▇ (or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, successor) filing system and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other handreports are publicly available. (c) Notwithstanding In addition, to the foregoing in Section 4.03(a)extent not satisfied by the foregoing, at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations Guarantors shall, for so long as any Notes are not freely transferrable under the Securities Act, furnish to Holders of the Unrestricted Subsidiaries of the Company. (e) Any Notes and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (securities analysts and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) 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 Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference callssuccessor provision).

Reports. (a) So Whether or not required by the Commission, so long as any Notes are outstandingoutstanding the Issuer will furnish to the Trustee and Cede & Co., as the Company will file with nominee of the SEC or make publicly available DTC, on a websitebehalf of the Holders of Notes, within the time periods (including any extension thereof) specified in the SEC’s Commission's rules and regulationsregulations for a non-accelerated filer: (1) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the SEC Commission on Forms 10-Q and 10-K if the Company Issuer were required to file such reports as Forms, including a non-accelerated filer“Management's Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, a report on the annual financial statements by the Issuer's certified independent accountants; and (2) all current reports that would be required to be filed with the SEC Commission on Form 8-K if the Company Issuer were required to file such reports; provided, that if the Issuer files such reports electronically with the Commission's Electronic Data Gathering Analysis and Retrieval System (or any successor system) within such time periods, the Issuer shall not be required under this Indenture to furnish such reports as specified above. (b) The requirements of Section 4.03(a) may be satisfied In addition, following the date by which the Issuer is required to consummate the exchange offer contemplated by the filing Registration Rights Agreement, whether or not required by the Commission, the Issuer will file a copy of all of the information and reports referred to in Sections 4.17(a)(1) and (2) with the SEC Commission for public availability by within the time periods specified in the Commission's rules and regulations (unless the Commission will not accept such a filing) and make such information available to securities analysts and prospective investors upon request. In addition, the Issuer and the Guarantors have agreed that, for so long as any Notes (but not the Exchange Notes) remain outstanding, they will furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. (c) In addition, if at any time any Parent becomes a Guarantor (there being no obligation of any Parent to do so), holds no material assets other than cash, Cash Equivalents and the Capital Stock of the Issuer or any direct or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing Issuer (and performs only the required information related incidental activities associated with respect to the Company or parent company, as applicable, such ownership) and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports complies with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by requirements of Rule 133-01 or 13-02 10 of Regulation S-X promulgated by the Commission (or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-Xsuccessor provision), or in each case any successor provisions the reports, information and (ii) shall not be other documents required to comply with Regulation G under be filed and furnished to holders of the Exchange Act or Item 10(e) Notes pursuant to this Section 4.17 may, at the option of Regulation S-K with respect to any non-GAAP financial measures contained thereinthe Issuer, be filed by and be those of such Parent rather than the Issuer. (d) At To the extent any such information is not so filed or furnished, as applicable, within the time that any of periods specified above and such information is subsequently filed or furnished, as applicable, the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) Issuer will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (to have satisfied its obligations with respect thereto at such time and the Company any Default with respect thereto shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished)have been cured; provided that such cure shall not otherwise affect the rights of the Holders in under Section 6.01 if Holders of at least 25% in principal amount of the principal ofthen total outstanding Notes have declared the principal, premium, if any, on, interest and interest, if any, on, any other monetary obligations on all the then outstanding Notes have been accelerated in accordance with the terms of this Indenture to be due and payable immediately and such acceleration has declaration shall not have been rescinded or cancelled prior to such cure. (f) . The Company Trustee shall furnish not be under a duty to review or evaluate any report or information delivered to the Trustee pursuant to the provisions of this Section 4.17 for the purposes of making such reports available to it and to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) who may request such information. Delivery of such reports, information and documents to the Trustee as may be required under this Section 4.17 is for informational purposes only, only and the Trustee’s '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 Issuer's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on an Officers’ Certificates' Certificate). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So Whether or not required by the Commission, so long as any Notes are outstanding, the Company will file with Issuers shall furnish to Holders and the SEC or make publicly available on a websiteTrustee, within the time periods (including any extension thereof) specified in the SECCommission’s rules and regulations: (1) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the SEC Commission on Forms 10-Q and 10-K if the Company Issuers were required to file such reports as forms, including a non-accelerated filer“Management’s Discussion and Analysis of Financial Condition and Results of Operations” section and, with respect to the annual information only, a report on the annual consolidated financial statements of the Company by its independent public accountants; and (2) all current reports that would be required to be filed with the SEC Commission on Form 8-K if the Company Issuers were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company of . If the Company has designated any of any Annual Report on Form 10-Kits Subsidiaries as Unrestricted Subsidiaries, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing then the required information with respect to the Company or parent company, as applicable, quarterly and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such annual financial information required by the preceding paragraph will shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or thereto, and in a separate discussion (which may be contained in the “Management’s 's Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. . Notwithstanding anything to the contrary set forth above, for so long as the Issuers are direct or indirect wholly-owned Subsidiaries of any Parent (eor other Person which, directly or indirectly, owns 100% of the outstanding common equity interests of the Issuers), if such Parent (or other Person which, directly or indirectly, owns 100% of the outstanding common equity interests of the Issuers) Any has provided a guarantee with respect to the Notes and all Defaults has furnished Holders and filed electronically with the Securities and Exchange Commission, the reports described in the preceding paragraphs with respect to such Parent (or Events other Person which, directly or indirectly, owns 100% of Default arising from a failure to furnish in a timely manner the outstanding common equity interests of the Issuers) (including any consolidating financial information required by this Section 4.03 shall be deemed cured (and Regulation S-X relating to the Company Issuers), the Issuers shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms provisions of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) Section 4.03. 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 actual or constructive knowledge or notice of any information contained therein or determinable from information contained therein, including the Company’s Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ ' Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So Whether or not required by the SEC, so long as any Notes are outstanding, the Company will file shall furnish to the Holders of Notes, within five days of filing such reports with the SEC or make publicly available on a website, within the time periods (including any extension thereof) specified in the SEC’s rules and regulations: (1i) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the SEC on Forms 10-Q and 10-K if the Company were required to file such reports as Forms, including a non-accelerated filer"Management's Discussion and Analysis of Financial Condition and Results of Operations" and, with respect to the annual information only, a report on the annual financial statements by the Company's certified independent accountants; and (2ii) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company of . If the Company has designated any of any Annual Report on Form 10-Kits Subsidiaries as Unrestricted Subsidiaries, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing then the required information with respect to the Company or parent company, as applicable, quarterly and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such annual financial information required by the preceding paragraph will shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or thereto, and in a separate discussion (which may be contained in the “Management’s 's Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults . In addition, following consummation of the Exchange Offer, whether or Events of Default arising from a failure to furnish in a timely manner any information not required by this Section 4.03 shall be deemed cured (and the SEC, the Company shall be deemed file a copy of all of the information and reports referred to be in compliance clauses (i) and (ii) above with this covenantthe SEC for public availability within the time periods specified in the SEC's rules and regulations (unless the SEC will not accept such a filing) upon furnishing and make such information as contemplated by this covenant (but without regard available to securities analysts and prospective investors upon request. Moreover, the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, onCompany agrees, and interestany Guarantor shall agree, if anythat, onfor so long as any Notes remain outstanding, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company it shall furnish to the Holders and Beneficial Owners of the Notes, to securities analysts and prospective investors, broker-dealers and securities analysts, upon their request, any the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) 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 Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents Reports and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise filings made by DASI that include all of the information or referred to in clauses (i) and (ii) above with respect to DASI and its consolidated subsidiaries shall be deemed to satisfy the statements contained therein or to participate in obligations of the Company and/or the Guarantors set forth above as long as such reports and filings include the information required by the staff of the SEC under its interpretations of SAB 53; provided that DASI does not have any conference callsbusiness operations other than those conducted through the Company.

Reports. (a) So long as any Notes are outstanding, the Company Issuer will file with the SEC or make publicly available on a website, within the time periods (including any extension extensions thereof) specified in the SEC’s rules and regulations: (1) all quarterly and annual reports of the Issuer containing substantially all of the financial information that would be required to be filed with the SEC on Forms 10-Q and 10-K if the Company were required to file such reports as a non-accelerated filer; and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company of the Company of any Annual Report contained in an annual report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the time period required K under the rules and regulations of the SEC for the filing of such forms; provided thatExchange Act, if applicable, any such financial information required by the preceding paragraph will include including (i) a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section ’’ and (ii) audited financial statements prepared in accordance with GAAP and a report on the annual financial statements by the Issuer’s independent registered public accounting firm; (2) quarterly reports of the applicable quarterly or annual report), if any, between Issuer containing substantially all of the financial information that would be required to be contained in a quarterly report on Form 10-Q under the Exchange Act, including (i) a ‘‘Management’s Discussion and Analysis of Financial Condition and Results of Operations’’ and (ii) unaudited quarterly financial statements prepared in accordance with GAAP and reviewed pursuant to Statement on Auditing Standards No. 100 (or any successor provision); and (3) current reports of the parent companyIssuer containing substantially all of the information that would be required to be filed in a Current Report on Form 8-K under the Exchange Act. Notwithstanding any of the foregoing, (a) no certifications, reports or attestations concerning the financial statements, disclosure controls and procedures or internal controls that would otherwise be required pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002, as amended, and the SEC rules and regulations implementing that Act, will be required; (b) no financial schedules specified in Regulation S-X under the Securities Act will be required; (c) compliance with the requirements of Item 10(e) of Regulation S-K under the Securities Act will not be required; (d) information specified in Rules 3-09, 3-10 and 3-16 of Regulation S-X under the Securities Act with respect to Subsidiaries and Affiliates will not be required; and (e) no exhibits pursuant to Item 601 of Regulation S-K under the Securities Act will be required. (b) So long as any Notes are outstanding, the Issuer will also: (a) not later than 10 Business Days after providing the information required by Section 4.03(a)(1) and (a)(2), hold a publicly accessible conference call to discuss such information for the relevant fiscal period (including a question and answer portion of the call); and (b) issue a press release to an internationally recognized wire service no fewer than three Business Days prior to the date of the conference call required by Section 4.03(a), announcing the time and date of such conference call and either including all information necessary to access the call or directing Holders, prospective investors, broker dealers and securities analysts to contact the appropriate person at the Issuer to obtain such information. (c) Notwithstanding anything to the contrary contained herein, so long as TerraForm Power, Inc. (x) continues to control, directly or indirectly, more than 50% of the Voting Stock of the Parent, (y) consolidates the Parent and its Subsidiaries in accordance with GAAP and (z) has no material operations, assets or revenues other than those of the Parent and its Subsidiaries, the filing by TerraForm Power, Inc. of its quarterly, annual and current reports and consolidated financial statements referred to above on either the SEC’s ▇▇▇▇▇ filing system or a publicly accessible website, and a publicly accessible quarterly conference call of TerraForm Power, Inc., will be deemed to satisfy the obligations of the Issuer under this Section 4.03; provided that in the case of the quarterly and annual reports, the same are accompanied by information that explains in reasonable detail the differences between the information relating to TerraForm Power, Inc. and any of its Subsidiaries other than the Parent and its Subsidiaries, on the one hand, and the Company information relating to the Parent and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding . In addition, the foregoing in Section 4.03(a)Issuer, the Parent and the Subsidiary Guarantors agree that, for so long as any Notes remain outstanding, at any time when the Company does they are not otherwise required to file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall SEC, they will furnish to the Trustee, Holders and Beneficial Owners of the Notes, to securities analysts and prospective investors, broker-dealers and securities analysts, upon their request, any the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (gd) Delivery of any such reports, information and documents to the Trustee is for informational purposes only, only and the Trustee’s receipt of such shall will 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 this Indenture (as to which the Trustee is entitled to rely exclusively on Officers’ Officer’s Certificates). The Further, the Trustee shall will have no duty obligation whatsoever to monitor determine whether or confirmnot such information, on a continuing basis documents or otherwisereports have been filed pursuant to the SEC’s ▇▇▇▇▇ filing system (or its successor). (e) Notwithstanding anything herein to the contrary, the Company’s or any other Person’s compliance Issuer will not be deemed to have failed to comply with any of its agreements in Section 4.03(a) for purposes of Section 6.01(3) until 60 days after the covenants under this Indenture, date any report hereunder is required to determine whether such reports, information or documents are be filed with the SEC or made publicly available on a website, website pursuant to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference callsSection 4.03.

Reports. (a) So Prior to the Acquisition Date, ACEP will furnish to all holders of the Notes and prospective purchasers of the Notes designated by the holders, promptly upon their request, the information required to be delivered under Rule 144A(d)(4) of the Securities Act. In addition, until consummation of the Acquisitions, ACEP will file with the Trustee, by the day that it would have been required to file the same with the SEC if ACEP had been subject to the periodic reporting requirements of the Exchange Act and excluding any time periods applicable to "accelerated filers" under the Exchange Act, quarterly and annual financial statements, including any notes thereto (and with respect to annual financial statements only, an auditors' report by a firm of established national reputation), and a "Management's Discussion and Analysis of Results of Operations and Financial Condition," both comparable to that which ACEP would have been required to include in a quarterly report on Form 10-Q or an annual report on Form 10-K if ACEP had been subject to those periodic reporting requirements and prepared as combined financial statements presenting the financial position, results of operations and cash flows of American Casino & Entertainment Properties which is comprised of Stratosphere Corporation and its wholly-owned subsidiaries, Stratosphere Gaming Corp., Stratosphere Land Corporation, Stratosphere Advertising Agency, Stratosphere Leasing, LLC, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Retail Corporation and Stratosphere Development, LLC, Arizona Charlie's, Inc., and its wholly-owned subsidiary Jetset LLC; and Fresca, LLC, for applicable periods ended December 31, 2000 and thereafter. (b) Following the Acquisitions, whether or not required by the rules and regulations of the SEC, so long as any Notes are outstanding, the Company will file with furnish to the SEC Holders of Notes or make publicly available on a websitecause the Trustee to furnish to the Holders of Notes, within the time periods (including any extension thereof) specified in the SEC’s 's rules and regulations: (1) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the SEC on Forms 10-Q and 10-K if the Company were required to file such reports as forms, including a non-accelerated filer"Management's Discussion and Analysis of Financial Condition and Results of Operations" and, with respect to the annual information only, a report thereon by the Company's certified independent accountants; and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. (b) The requirements . In addition, following the consummation of Section 4.03(a) may be satisfied the Exchange Offer contemplated by the filing Registration Rights Agreement, whether or not required by the SEC, the Company will file a copy of all of the information and reports referred to in clauses (1) and (2) above with the SEC for public availability by any direct or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the time period required under periods specified in the SEC's rules and regulations of (unless the SEC will not accept such a filing) and, if the SEC will not accept such a filing, will post the reports on its website within those time periods. The Company will not take any action for the filing purpose of such forms; provided that, if applicable, causing the SEC not to accept any such filings. The Company will at all times comply with TIA Section 314(a). (c) If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or thereto, and in a separate discussion (which may be contained in the “Management’s 's Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (ed) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner For so long as any information required by this Section 4.03 shall be deemed cured (Notes remain outstanding, the Company and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall Guarantors will furnish to the Holders and Beneficial Owners of the Notes, to securities analysts and prospective investors, broker-dealers and securities analysts, upon their request, any the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) 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 Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So Whether or not required by the SEC, so long as any Notes are outstanding, if not filed electronically with the SEC through the SEC’s Electronic Data Gathering, Analysis, and Retrieval System (or any successor system) (“▇▇▇▇▇”), the Company will file with furnish to the SEC or make publicly available on a websiteHolders of the Notes, within fifteen (15) days after the time periods (including any extension thereof) specified in the SEC’s rules and regulationsbelow: (1) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the SEC on Forms 10-Q and 10-K (or Form 6-K and Form 20-F if the Company were a “foreign private issuer” as such term is defined under the rules and regulations of the SEC), if the Company were required to file such reports as Forms, including a non-accelerated filer“Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, a report on the annual financial statements by the Company’s certified independent accountants, within, in the case of annual information, 120 days after the end of each fiscal year and within, in the case of quarterly information, 60 days after the end of each of the first three fiscal quarters of each fiscal year; and (2) as promptly as provided in the SEC’s rules and regulations, all current reports that would be required to be filed with the SEC on Form 8-K (or Form 6-K if the Company was a “foreign private issuer” as such term is defined under the rules and regulations of the SEC) if the Company were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied by the filing ; in each case, in a manner that complies in all material respects with the SEC for public availability by requirements specified in such form. To the extent any direct such information is not so filed or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent companyfurnished, as applicable, and filed within the time period required under the rules periods specified above and regulations of the SEC for the filing of such forms; provided thatinformation is subsequently filed or furnished, if as applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and will be deemed to have satisfied its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K obligations with respect to thereto at such time and any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes Default with respect thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard have been cured. In addition, to the date on which such information or report is so furnished); provided that such cure shall extent not otherwise affect satisfied by the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, onforegoing, the Company agrees that, for so long as any Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall are outstanding, it will furnish to the Holders and Beneficial Owners of the Notes, to securities analysts and prospective investors, broker-dealers and securities analystspurchasers, upon their request, any the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as Act. (b) Substantially concurrently with the furnishing or making such information available to the Holders pursuant to Section 3.10(a), unless otherwise made available on ▇▇▇▇▇, the Company shall also post copies of such information required by Section 3.10(a) on a website (which may be nonpublic and may be maintained by the Company or a third party) to which access will be given to Holders, prospective purchasers of the Notes are not freely transferable (which prospective purchasers shall be limited to “qualified institutional buyers” within the meaning of Rule 144A of the Securities Act or non-U.S. persons (as defined in Regulation S under the Securities Act) that certify their status as such to the reasonable satisfaction of the Company), and securities analysts and market making financial institutions that are reasonably satisfactory to the Company. (gc) The Company may satisfy its obligations set forth in Sections 3.10(a) and (b) by furnishing reports relating to any Parent (including by making such reports available through ▇▇▇▇▇); provided that, in the case of any financial information, the same is accompanied by consolidating information that explains in reasonable detail the differences between the information relating to such Parent, on the one hand, and the information relating to the Company and its Restricted Subsidiaries on a standalone basis, on the other hand. (d) The Company will also hold quarterly conference calls for the Holders of the Notes to discuss financial information for the previous quarter; it being understood that such quarterly conference call may be the same conference call as with the Company’s (or any Parent’s) equity investors and analysts. In the event the Company (or any Parent) does not hold any such conference call for equity investors and analysts, the conference call for the Holders of the Notes will be held following the last day of each fiscal quarter of the Company and the Company will use its commercially reasonable efforts to cause such call to be held not later than ten (10) Business Days from the time that the Company distributes the financial information as set forth in Section 3.10(b). The Company will issue a press release announcing the time and date of such conference call and providing instructions for Holders, securities analysts and prospective investors to obtain access to such call. (e) 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 under this Indenture (as to which the Trustee is entitled to rely exclusively on Officers’ Officer’s Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So long as any Notes are outstanding, the The Company will shall file with the SEC or make publicly available on a websiteTrustee and the Commission, within and transmit to Holders, such information, documents and other reports, and such summaries thereof, as may be required pursuant to the time periods (including any extension thereof) specified Trust Indenture Act at the times and in the SEC’s rules and regulations: (1) all quarterly and annual manner provided in the Trust Indenture Act; provided that, any such information, documents or reports that would be required to be filed with the SEC on Forms 10-Q and 10-K if Commission pursuant to Section 13 or 15(d) of the Company were required to file such reports as a non-accelerated filer; and (2) all current reports that would be required to Exchange Act shall be filed with the SEC on Form 8-K if Trustee within 30 calendar days after the Company were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied by same is filed with the Commission; provided further that the filing with of the SEC for public availability reports specified in Section 13 or 15(d) of the Exchange Act by any an entity that is the direct or indirect parent company of the Company shall satisfy the requirements of any Annual Report this Section 4.04 so long as such entity is an obligor or Subsidiary Guarantor on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to Securities; provided further that the Company or parent company, as applicable, and filed within the time period required under the rules and regulations of the SEC for the filing reports of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) entity shall not be required to comply with Regulation G under include condensed consolidating financial information for the Exchange Act or Item 10(e) of Regulation S-K with respect Company in a footnote to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) entity. 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 (as to which the Trustee is entitled to rely exclusively on Officers’ Officer’s Certificates). The Trustee shall have no duty not be obligated to monitor or confirm, on a continuing basis or otherwise, compliance with the Company’s covenants in this Indenture or with respect to any reports or other documents filed with the Commission or any other Person’s compliance with any of the covenants website under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls. It is expressly understood that materials transmitted electronically by the Company to the Trustee or filed pursuant to the Commission’s ▇▇▇▇▇ system (or any successor electronic filing system) shall be deemed filed with the Trustee and transmitted to Holders for purposes of this Section 4.04.

Reports. (a) So Whether or not required by the SEC, so long as any Notes are outstanding, the Company will furnish to the Holders of the Notes, or file electronically with the SEC through the SEC’s Electronic Data Gathering, Analysis and Retrieval System (or make publicly available any successor system): (1) within 120 days after the end of each fiscal year, all annual financial information and certifications that would be required to be contained in a filing with the SEC on Form 20-F or 40-F, as applicable, if the Company were required to file such Form, including a website“Management’s discussion and analysis of financial condition and results of operations” and a report on the annual financial statements by the Company’s independent accounting firm; (2) within 60 days after the end of each of the first three fiscal quarters of each fiscal year, all interim quarterly financial information that would be required to be contained in quarterly reports under Alberta Securities Laws if the Company were a “reporting issuer” or the equivalent under such laws or that would be required to be provided to security holders of a company with securities listed on the Toronto Stock Exchange, in each case including a “Management’s discussion and analysis of financial condition and results of operations”; and (3) within the time periods (including any extension thereof) specified in the SEC’s rules and regulations: (1) all quarterly and annual reports that would be required to be filed with the SEC on Forms 10-Q and 10-K if the Company were required to file such reports as a non-accelerated filer; and (2) , all current reports that would be required to be filed with the SEC on Form 86-K if the Company were required to file such these reports. (b) The requirements . Following the consummation of Section 4.03(a) may be satisfied the Exchange Offer contemplated by the filing Registration Rights Agreement, whether or not required by the SEC, the Company will file a copy of all of the information and reports referred to in clauses (1), (2) and (3) above with the SEC for public availability by any direct or indirect parent company of within the Company of any Annual Report on Form 10-Ktime periods specified, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent companyinformation and reports in clauses (1) and (3) above, as applicablein the SEC’s rules and regulations and, with respect to the information and filed reports in clause (2) above, within the time period required periods applicable to a reporting issuer (other than a venture issuer) under the rules and regulations of Alberta Securities Laws (unless the SEC for will not accept the filing of such forms; provided that, if applicable, filing) and make the information available to securities analysts and prospective investors upon request. So long as any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SECNotes remain outstanding, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company Issuers shall furnish to the Holders and Beneficial Owners of the Notes, to securities analysts and prospective investors, broker-dealers and securities analysts, upon their request, any the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. Notwithstanding anything to the contrary, the Issuers will be deemed to have complied with their obligations in the preceding two paragraphs following the filing of the Exchange Offer Registration Statement and prior to the effectiveness thereof if the Exchange Offer Registration Statement includes the information specified in clause (1) above at the times it would otherwise be required to file such Forms. The reports referred to in clauses (1), (2) and (3) above shall not in any event be required to include, unless required by the rules and regulations of the SEC in reports actually filed with or furnished to the SEC, (1) any additional financial information that would be required by Items 3-10 or 3-16 of Regulation S-X, including separate financial statements of any Guarantor; (2) any assessment by management of the Company’s disclosure controls and procedures or internal control over financial reporting, or any audit or review of, or attestation relating to, such an assessment; (3) any certification required by any such form or the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act so long of 2002; or (4) any exhibit. The Issuers shall file with the Trustee (within 15 days after filing with the SEC in the case of reports, information and documents which pursuant to the TIA must be filed with the SEC and furnished to the Trustee) and transmit to the Holders, such reports, information and other documents, if any, at such times and in such manner, as shall be required by the Notes are not freely transferable under the Securities Act. (g) TIA. 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 (as to which the Trustee is entitled to rely exclusively on Officers’ Officer’s Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So long as any Notes are outstanding, the Company will file with furnish to the SEC or make publicly available on a website, Holders and the Trustee within the time periods (including any extension thereof) specified in the SEC’s rules and regulationsregulations for filing of periodic reports (x) for any period for which the Company is required to file periodic reports with the SEC, copies of such reports, and (y) for any period for which the Company is not required to file such reports: (1) all quarterly and annual reports containing substantially all of the information that would be required to be filed with the SEC on Forms 10-Q and 10-K if the Company were required to file such reports (including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to annual reports, audited financial statements prepared in accordance with GAAP as a non-accelerated filerin effect from time to time and, with respect to quarterly reports, unaudited quarterly financial statements prepared in accordance with GAAP as in effect from time to time and reviewed pursuant to Statement on Auditing Standards No. 100 (or any successor provision)); and (2) all current reports containing substantially all of the information that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports; provided, however, that no such current report will be required to be furnished if the Company determines in its good faith judgment that such information is not material to the Holders or Notes or the business, assets, operations, financial position or prospects of the Company and its Restricted Subsidiaries, taken as a whole. Notwithstanding the foregoing clause (y), in no event will the Company be required by this Indenture to (i) comply with Section 302 or Section 404 of the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002, or related Items 307 and 308 of Regulation S-K, Item 10(e) of Regulation S-K (with respect to any non-GAAP financial measures) or Regulation G, (ii) include the separate financial information for Guarantors or other entities contemplated by Rule 3-10 and/or Rule 3-16 of Regulation S-X, (iii) provide information in respect of Item 402 of Regulation S-K or (iv) provide exhibits that would be required for such reports. The Company will at all times comply with TIA §314(a). (b) The requirements of Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company of If the Company has designated any of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, its Subsidiaries as applicable, and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided Unrestricted Subsidiaries that, if applicableindividually or in the aggregate, any such would constitute a Significant Subsidiary, then the quarterly and annual financial information required by the preceding paragraph Section 4.03(a)(1) hereof will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or thereto, and in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations,” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Company’s Unrestricted Subsidiaries Subsidiaries. (c) The availability of the foregoing materials on the SEC’s ▇▇▇▇▇ service (or any successor thereto) shall be deemed to satisfy the Company’s delivery obligation. (d) Notwithstanding anything to the contrary in the foregoing, if at any time any such reports are not filed by the Company, or are not accepted by the SEC for any reason, for inclusion on the SEC’s ▇▇▇▇▇ service (or any successor thereto), the Company will post such reports on a website no later than the date the Company is required to provide those reports to the Trustee and the Holders and maintain such posting for so long as any Notes remain outstanding. Access to such reports on such website may be subject to a confidentiality acknowledgment; provided, that no other conditions, including password protection, may be imposed on access to such reports other than a representation by the Person accessing such reports that it is the Trustee, a Holder of the Notes, a Beneficial Owner of the Notes, a bona fide prospective investor, a securities analyst or a market maker. (e) Any and all Defaults or Events of Default arising from a failure to furnish In addition, for any period in a timely manner any information required by this Section 4.03 shall be deemed cured (and which the Company shall be deemed does not conduct an earnings conference call available to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, onits public stockholders, the Company will, for so long as any Notes have been accelerated remain outstanding, use its commercially reasonable efforts to hold and participate in accordance quarterly conference calls with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Holders, Beneficial Owners of the Notes, bona fide prospective investors, broker-dealers securities analysts and market makers to discuss such financial information no later than ten Business Days after distribution of such financial information. (f) Furthermore, the Company agrees that, for so long as any Notes remain outstanding, if at any time it is no longer subject to the periodic reporting requirements of the Exchange Act for any reason, it will furnish to the Holders, Beneficial Owners of the Notes, bona fide prospective investors, securities analystsanalysts and market makers, upon their request, any the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) . 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 (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So Whether or not required by the Commission, so long as any Notes are outstanding, the Company will file with Issuers and the SEC or make publicly available on a websiteGuarantor shall furnish to the Holders of Notes, within the time periods (including any extension thereof) specified in the SEC’s Commission's rules and regulations: (1) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the SEC Commission on Forms 10-Q and 10-K if the Company Issuers and the Guarantor were required to file such reports as Forms, including a non-accelerated filer"Management's Discussion and Analysis of Financial Condition and Results of Operations" and, with respect to the annual information only, a report on the annual financial statements by the Issuers' certified independent accountants and the Guarantor's certified independent accountants; and (2) all current reports that would be required to be filed with the SEC Commission on Form 8-K if the Company Issuers or the Guarantor were required to file such reports. (b) The requirements . If the Issuers or the Guarantor has designated any of Section 4.03(a) may be satisfied by its Subsidiaries as Unrestricted Subsidiaries, then the filing with the SEC for public availability by any direct or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, quarterly and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such annual financial information required by the preceding paragraph will shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or thereto, and in a separate discussion (which may be contained in the “Management’s 's Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company Issuers or the Guarantor, as the case may be, and its their respective Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults Issuers or Events of Default arising from a failure to furnish in a timely manner any information the Guarantor, as the case may be. In addition, whether or not required by this Section 4.03 shall be deemed cured (the Commission, the Issuers and the Company Guarantor shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights file a copy of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) 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 Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise all of the information or and reports referred to in clauses (1) and (2) above with the statements contained therein or Commission for public availability within the time periods specified in the Commission's rules and regulations (unless the Commission will not accept such a filing) and make such information available to participate in any conference callssecurities analysts and prospective investors upon request.

Reports. (a) So Whether or not required by the rules and regulations of the SEC, so long as any Notes are outstanding, the Company will file with furnish to the SEC or make publicly available on a website, within the time periods Holders of Notes (including any extension thereof) specified in the SEC’s rules and regulations: (1i) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the SEC on Forms 10-Q and 10-K if the Company were required to file such reports as Forms, including a non-accelerated filer; and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “"Management’s 's Discussion and Analysis of Financial Condition and Results of Operations” section " and, with respect to the annual information only, a report thereon by the Company's certified independent accountants and (ii) all financial information that would be required to be included in a Form 8-K filed with the SEC if the Company were required to file such reports. In addition, whether or not required by the rules and regulations of the applicable quarterly SEC, the Company will file a copy of all such information and reports with the SEC for public availability (unless the SEC will not accept such a filing) and make such information available to investors who request it in writing. Notwithstanding anything to the contrary contained herein, the Trustee shall have no duty to review such documents for purposes of determining compliance with any provisions of this Indenture. (b) So long as is required for an offer or annual report), if any, between the financial information sale of the parent companyNotes to qualify for an exemption under Rule 144A, on the one hand, Company (and the Company Restricted Subsidiaries) shall, upon request, provide the information required by clause (d)(4) thereunder to each Holder and its Subsidiaries on a stand-alone basis, on the other handto each beneficial owner and prospective purchaser of Notes identified by any Holder of Restricted Securities. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) 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 actual or constructive knowledge or notice of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ ' Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (aNotwithstanding that the Company may not be subject to the reporting requirements of Section 13 or Section 15(d) So of the Exchange Act or otherwise report on an annual and quarterly basis on forms provided for such annual and quarterly reporting pursuant to rules and regulations promulgated by the SEC, so long as any Notes are outstanding, the Company will file with shall furnish to the SEC holders of the Notes or make publicly available on a websitecause the Trustee to furnish to the holders of the Notes, within the time periods (including any extension extensions thereof) specified in the SEC’s rules and regulations:; (1) all quarterly and annual reports that would be required to be filed with the SEC on Forms 10-Q and 10-K if the Company were required to file such reports as a non-accelerated filerreports; and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company of ; provided, however, that the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect shall not be so obligated to the Company or parent company, as applicable, and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SECSEC if the SEC does not permit such filing, in which event the reports provided pursuant Company will make available such information to Section 4.03(aprospective purchasers of the Notes, in addition to providing such information to the Trustee and the Holders, in each case within fifteen (15) (i) will not days after the time the Company would be required to contain file such information with the separate financial information for Guarantors as contemplated by Rule 13-01 SEC if it were subject to Section 13 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report15(d) of the financial condition and results of operations of Exchange Act. In addition, to the extent not satisfied by the foregoing, the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner agrees that, for so long as any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal ofNotes remain outstanding, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company it shall furnish to the Holders and Beneficial Owners holders of the Notes, Notes and to securities analysts and prospective investors, broker-dealers and securities analysts, upon their request, any the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as Act. In the Notes are not freely transferable under the Securities Act.event that: (ga) Delivery the rules and regulations of the SEC permit the Company and any direct or indirect parent of the Company to report at such reportsparent entity’s level on a consolidated basis; and (b) such parent entity is not engaged in any business in any material respect other than incidental to its ownership, directly or indirectly, of the capital stock of the Company, such consolidated reporting at the parent entity’s level in a manner consistent with that described in this Section for the Company will satisfy this Section, and this Indenture shall permit the Company to satisfy its obligations in this Section with respect to financial information and documents relating to the Trustee Company by furnishing financial information relating to the Guarantor; provided that such financial information is for informational purposes onlyaccompanied by consolidating information that explains in reasonable detail the differences between the information relating to the Guarantor and any of its Subsidiaries other than the Company and the Subsidiaries, on the one hand, and the Trustee’s receipt information relating to the Company and its Subsidiaries 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 Company on Officers’ Certificates). The Trustee shall have no duty to monitor or confirma stand-alone basis, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference callshand.

Reports. (a) So long as any Notes are outstandingWhether or not the Company is subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company will file provide the Trustees and the Holders with: (i) within 90 days after the end of each fiscal year, all financial information that would be required to be contained in an annual report on Form 10-K, Form 40-F or Form 20-F, or any successor or comparable form, filed with the SEC SEC, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section and a report on the annual financial statements by the Company’s independent registered public accounting firm; (ii) within 45 days after the end of each of the first three fiscal quarters of each fiscal year, all financial information that would be required to be contained in a quarterly report on Form 10-Q or make publicly available on Form 6-K, or any successor or comparable form, filed with the SEC, including, whether or not required, unaudited quarterly financial statements (which will include at least a websitebalance sheet, income statement and cash flow statement) and a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section; and (iii) within the time periods (including any extension thereof) later of 5 days and the applicable number of days specified in the SEC’s rules and regulations: (1) all quarterly and annual reports that would be required to be filed with the SEC on Forms 10-Q and 10-K if the Company were required to file such reports as a non-accelerated filer; and (2) , all current reports that would be required to be filed with the SEC on Form 8-K K, or any successor or comparable form, if the Company were required to file such reports, in each case in a manner that complies in all material respects with the requirements specified in such form. (b) The requirements of Section 4.03(a) may be In addition, to the extent not satisfied by the filing with the SEC foregoing, for public availability by so long as any direct or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SECNotes are outstanding, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders Holders, securities analysts and Beneficial Owners prospective purchasers of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long Act. The reports required by this covenant need not include any separate financial statements of Subsidiary Guarantors or information required by Rule 3-10 or 3-16 of Regulation S-X (or any successor regulation). The delivery to the Trustees and the Holders by electronic means or the filing of documents pursuant to the SEC’s ▇▇▇▇▇ system (or any successor electronic filing system) shall be deemed to be provided to the Trustees and the Holders as of the Notes time such documents are not freely transferable under filed via the Securities Act. (g▇▇▇▇▇ system for purposes of this covenant The requirements set forth in Section 4.2(a), this Section 4.2(b) Delivery and Section 4.2(c) may be satisfied by posting copies of such reports, information on a website (which may be nonpublic and documents may be maintained by the Company or a third party) to which access is given to the Trustee is for informational purposes onlyTrustees, Holders and prospective purchasers of the Trustee’s receipt of Notes. The Trustees shall have no responsibility whatsoever to determine if such filings have been made. The Trustees shall not constitute actual or be deemed to have constructive knowledge or notice of any information contained therein contained, or determinable from information contained thereincontained, in any reports referred to above, including the Company’s compliance with any of its covenants hereunder in this Indenture (as to which the Trustee is Trustees are entitled to rely exclusively on Officers’ Certificates). The Trustee Neither of the Trustees shall have no duty be obligated to monitor or confirm, on a continuing basis or otherwise, the Company’s, any Subsidiary Guarantor’s or any other Person’s compliance with the covenants described herein or with respect to any reports or other documents filed under this Indenture. (c) If any of the covenants Company’s Subsidiaries is not a Subsidiary Guarantor and such Subsidiaries, either individually or collectively, would constitute 10% of the Consolidated EBITDA of the Company and its Subsidiaries for any fiscal year or 10% of the total assets of the Company and its Subsidiaries (as set forth on the most recent consolidated balance sheet of the Company and its Subsidiaries), within the time period specified in Section 4.2(a) for annual reports, the Company shall provide to the Trustees and the Holders, financial information with respect to such Subsidiaries that are not Subsidiary Guarantors collectively consistent with the financial information included in the Offering Memorandum with respect to Subsidiaries that are not Subsidiary Guarantors. (d) In the event that any direct or indirect parent company of the Company becomes a Guarantor of the Notes, the Company may satisfy its obligations under this Indenture, Section 4.2 to determine whether provide consolidated financial information of the Company by furnishing consolidated financial information relating to such reports, parent in the manner prescribed in Sections 4.2(a) and (b); provided that (i) such financial statements are accompanied by consolidating financial information or documents are filed with for such parent and the Company in the manner prescribed by the SEC or made publicly available on a website(ii) such parent is not engaged in any business in any material respect other than such activities as are incidental to its ownership, to examine such reportsdirectly or indirectly, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the Capital Stock of the Company. (e) Notwithstanding anything herein to the contrary, the Company shall not be deemed to have failed to comply with its obligations under this Section 4.2 until 60 days after the date any report or other information or the statements contained therein or to participate in any conference callsis due hereunder.

Reports. (a) So Whether or not required by the rules and regulations of the SEC, so long as any Notes are outstanding, ▇▇▇▇▇ Energy Partners shall furnish (whether through hard copy or internet access) to the Company will file with Holders of Notes or cause the SEC or make publicly available on a websiteTrustee to furnish to the Holders of Notes, within the time periods (including any extension thereof) specified in the SEC’s rules and regulations: (1) all quarterly and annual reports that would be required to be filed with the SEC on Forms 10-Q and 10-K if the Company ▇▇▇▇▇ Energy Partners were required to file such reports as a non-accelerated filerreports; and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Company ▇▇▇▇▇ Energy Partners were required to file such reports. . ▇▇▇▇▇ Energy Partners will be deemed to have furnished such reports and information described in clauses (b1) The requirements and (2) above to the Holders of Section 4.03(aNotes (and the Trustee shall be deemed to have delivered such reports and information to the Holders of notes) may be satisfied by the filing if ▇▇▇▇▇ Energy Partners has filed such reports or information, respectively, with the SEC for public availability by using the ▇▇▇▇▇ filing system (or any successor filing system of the SEC) or if ▇▇▇▇▇ Energy Partners has posted such reports or information, respectively, on its website, and such reports or information, respectively, are publicly available to Holders of Notes through internet access. The Trustee shall have no obligation whatsoever to determine whether or not such information, documents or reports have been filed pursuant to the ▇▇▇▇▇ filing system (or any successor filing system of the SEC). In the event that any direct or indirect parent company of ▇▇▇▇▇ Energy Partners becomes a guarantor of the Company of any Annual Report on Form 10-KNotes, Quarterly Report on Form 10- Q or Current Report on Form 8-K▇▇▇▇▇ Energy Partners may satisfy its obligations under this Section 4.03, containing the required information with respect to the Company or information relating to ▇▇▇▇▇ Energy Partners by furnishing corresponding information relating to such parent company, as applicable, and filed within ; provided that the time period required under the rules and regulations same includes an explanation of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, differences between the financial information of the parent companyrelating to such parent, on the one hand, and the Company information relating to ▇▇▇▇▇ Energy Partners and its Restricted Subsidiaries on a stand-alone standalone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) . Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by comply with this Section 4.03 shall be deemed cured (and the Company ▇▇▇▇▇ Energy Partners shall be deemed to be in compliance with this covenantSection 4.03) upon furnishing or filing such information or report as contemplated by this covenant (but without regard to the date on which such information or report is so furnishedfurnished or filed); provided that such cure shall not otherwise affect the rights of the Holders in under Section 6.01 hereof if the principal of, premium, if any, on, and interest, if any, on, the all outstanding Notes shall have been accelerated in accordance with the terms of this the Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (fb) The Company shall For so long as any Notes remain outstanding, if at any time none of ▇▇▇▇▇ Energy Partners and the Guarantors is required to file with the SEC the reports required by paragraph (a) of this Section 4.03, ▇▇▇▇▇ Energy Partners and the Guarantors will furnish to the Holders of Notes and Beneficial Owners of the Notes, to securities analysts and prospective investors, broker-dealers and securities analysts, upon their request, any the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) 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 Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. 12.1 The Operator shall maintain at its own expense a Subscriber Management System which should be fully integrated with the CAS. The Operator shall provide to the Broadcaster the Report(s) including complete and accurate opening and closing Subscriber Report(s) for the Subscribed Channel(s) and the Package containing the Subscribed Channel(s) within seven (7) days from the end of each month in such format as is set forth in Annexure C attached hereto or in such formats provided by the Broadcaster. Further, in the event the Operator desires to avail any of the incentive(s) offered by the Broadcaster as per the Incentive Schemes applicable on Bouquet Rates or A-la carte Rates, the Operator shall be under an obligation to provide additional Report(s) within seven (7) days from the end of each month in such format as referred to in the Agreement as set out in Annexure C of the Agreement. 12.2 If any Subscriber has opted for more than one connection from the Operator, all such additional connections must feature in the Subscriber Report(s). 12.3 Each Report shall be system generated only through SMS and CAS and the same should be in a pre-defined read only format such as a suitable PDF format which cannot be manually edited and shall specify all information required to calculate the Monthly Average Subscriber Level (including, but not limited to, the number of Subscribers for each Subscribed Channel and each Package in which a Subscribed Channel is included) and the Monthly Subscription Fee payable to the Broadcaster, and shall be signed and attested by an officer of the Operator of a rank not less than Head of Department/Chief Financial Officer who shall certify that all information in the Report(s) is true and correct. Any difference between the SMS and CAS reports shall have to be reconciled to the satisfaction of the Broadcaster. Non-provisioning of such Subscriber Report(s) shall constitute material breach of obligation on the part of the Operator. The Operator shall submit the Report(s) to the office of the Broadcaster located at Mumbai. 12.4 The Operator shall also include in its Report(s), comprehensive details of all incidents of piracy and signal theft involving in its network, the names of perpetrators involved in such incidents. The Operator shall provide such information promptly to the Broadcaster and co-operate with the Broadcaster to take such action as per Applicable Law(s). The obligation of Operator to provide the Report(s) shall survive termination of the Agreement until the Broadcaster receives the Report(s) for each relevant month for which any Monthly Subscription Fee is payable. 12.5 The Operator shall maintain throughout the Term and for twelve (12) months thereafter (or such longer period as required by law) sufficient records to enable the Broadcaster, to verify and ascertain the (a) So long as any Notes are outstandingveracity of the Report(s) supplied by Operator pursuant to this Clause 12, the Company will file with the SEC or make publicly available on a website, within the time periods (including any extension thereof) specified in the SEC’s rules and regulations: (1) all quarterly and annual reports that would be required to be filed with the SEC on Forms 10-Q and 10-K if the Company were required to file such reports as a non-accelerated filer; and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect payments due to the Company or parent company, as applicableBroadcaster hereunder, and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) 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 CompanyOperator’s compliance with any of its covenants hereunder (anti-piracy obligations as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under set out in this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference callsAgreement.

Reports. (a) So Whether or not required by the rules and regulations of the SEC, so long as any Notes are outstanding, the Company will furnish to the Trustee and the Holders of Notes or cause the Trustee to furnish to the Holders of Notes (or file with the SEC or make publicly available on a website, for public availability) within the time periods (including any extension thereof) specified in the SEC’s rules and regulations: (1) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the SEC on Forms 10-Q and 10-K if the Company were required to file such reports as Forms, including a non-accelerated filer“Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, a report on the annual financial statements by the Company’s independent registered public accountants; and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied . In addition, whether or not required by the filing rules and regulations of the SEC, the Company will file a copy of all such information and reports referred to in clauses (1) and (2) above with the SEC for public availability by any direct or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the time period required under periods specified in the SEC’s rules and regulations of regulations, unless the SEC for the filing of will not accept such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one handfiling, and the make such information available to securities analysts and prospective investors upon request. The Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), will at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to all times comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by TIA Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished314(a); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) . Delivery of such reports, information and documents to the Trustee is for informational purposes only, only and the Trustee’s receipt of such shall will 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 Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise. (b) For so long as any Notes remain outstanding, the Company’s or any other Person’s compliance with any of Company and the covenants under this IndentureGuarantors will furnish to the Holders and to securities analysts and prospective investors, to determine whether such reportsupon their request, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or required to be delivered pursuant to Rule 144A(d)(4) under the statements contained therein or to participate in any conference callsSecurities Act.

Reports. (a) So long as any Notes are outstandingoutstanding (unless defeased in a legal defeasance), the Company will file with Issuer shall have its annual financial statements audited, and its interim financial statements reviewed, by a nationally recognized firm of independent accountants and shall furnish to the SEC or make publicly available on a websiteTrustee and the Holders of Notes, within the time periods (including any extension thereof) specified in the SEC’s rules and regulations: (1) all quarterly and annual reports financial statements prepared in accordance with generally accepted accounting principles that would be required to be filed contained in a filing with the SEC on Forms 10-Q and 10-K if the Company were Issuer was required to file those Forms (but in no event any other items required in such reports as Forms), together with a non-accelerated filer; and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the corresponding “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of and, with respect to the applicable quarterly or annual report)information only, if any, between the financial information of the parent company, a report on the one hand, and annual financial statements by the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Issuer’s certified independent accountant. Notwithstanding the foregoing in Section 4.03(a)foregoing, at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) such reports shall not be required to comply with any segment reporting requirements (whether pursuant to generally accepted accounting principles or Regulation G under S-X) in greater detail than is customarily provided in an offering memorandum prepared in connection with a Rule 144A offering, (ii) such reports shall not be required to present beneficial ownership information, (iii) such reports shall not be required to provide guarantor/non-guarantor financial data and (iv) the Exchange Act Issuer shall not be required to provide separate financial statements or Item 10(e) other information contemplated by Rule 3-16 of Regulation S-K with respect X (or any successor provision). Any reports shall be provided within the time frames required by the SEC for companies required to any file such reports on a non-GAAP financial measures contained therein. accelerated basis. To the extent that the Issuer does not file such information with the SEC, the Issuer shall distribute such information and such reports (das well as the details regarding the conference call described below) At any time that any of electronically to the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual Trustee and quarterly financial reports required by Section 4.03(a) will include posting such information on a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion password protected website (which may be contained in non-public, require a confidentiality acknowledgment and be maintained by the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly Issuer or annual reportits designee) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. to which access will be given to (ea) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal of, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners Holder of the Notes, (b) to any beneficial owner of the Notes, who provides its e-mail address to the Issuer or its designee and certifies that it is a beneficial owner of Notes, (c) to any prospective investorsinvestor who provides its e-mail address to the Issuer or its designee and certifies that it is a QIB, broker-dealers and or (d) any securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as analyst providing an analysis of investment in the Notes are not freely transferable under the Securities Act. (g) Delivery of such reports, information and documents who provides its e-mail address to the Trustee Issuer or its designee and other information reasonably requested by the Issuer and represents to the reasonable satisfaction of the Issuer that (1) it is for informational purposes onlya bona fide securities analyst providing an analysis of investment in the Notes, (2) it will not use the information in violation of applicable securities laws or regulations, (3) it will keep such provided information confidential and will not communicate the Trustee’s receipt information to any person, (4) it will not use such information in any manner intended to compete with the business of such shall not constitute actual the Issuer or constructive knowledge its Subsidiaries and (5) neither it nor its Affiliates is a person that is principally engaged in a similar business or notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any derives a significant portion of its covenants hereunder (as revenues from operating or owning a similar business to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any that of the covenants under this Indenture, to determine whether such reports, information Issuer or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.its

Reports. (a) So long as any Notes Securities are outstandingoutstanding (unless defeased in a legal defeasance), Level 3 Parent shall have its annual financial statements audited, and its interim financial statements reviewed, by a nationally recognized firm of independent accountants and shall furnish to the Company will file with Trustee and the SEC or make publicly available on a websiteHolders of Securities, within the time periods (including any extension thereof) specified in the SEC’s rules and regulations: (1) all quarterly and annual reports financial statements in the form incorporated by reference in the Offering Memorandum prepared in accordance with generally accepted accounting principles that would be required to be filed contained in a filing with the SEC Commission on Forms 10-Q and 10-K if the Company were Level 3 Parent was required to file those Forms (but in no event any other items required in such reports as Forms), together with a non-accelerated filer; and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. (b) The requirements of Section 4.03(a) may be satisfied by the filing with the SEC for public availability by any direct or indirect parent company of the Company of any Annual Report on Form 10-K, Quarterly Report on Form 10- Q or Current Report on Form 8-K, containing the required information with respect to the Company or parent company, as applicable, and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the corresponding “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of and, with respect to the applicable quarterly or annual report)information only, if any, between the financial information of the parent company, a report on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) annual financial statements by Level 3 Parent’s certified independent accountant. Notwithstanding the foregoing in Section 4.03(a)foregoing, at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) such reports shall not be required to comply with Regulation G under the Exchange Act any segment reporting requirements (whether pursuant to generally accepted accounting principles or Item 10(e) of Regulation S-K with respect X) in greater detail than is provided in the Offering Memorandum, (ii) such reports shall not be required to any present beneficial ownership information and (iii) such reports shall not be required to provide guarantor/non-GAAP guarantor financial measures contained therein. (d) At any data. Any reports shall be provided within the time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports frames required by Section 4.03(athe Commission for companies required to file such reports. To the extent that Level 3 Parent does not file such information with the Commission, Level 3 Parent shall distribute such information and such reports (as well as the details regarding the conference call described below) will include electronically to the Trustee and by posting such information on a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion password-protected website (which may be contained in the “Management’s Discussion non-public, require a confidentiality acknowledgment and Analysis of Financial Condition and Results of Operations” section be maintained by Level 3 Parent or its designee) to which access will be given to (a) any Holder of the applicable quarterly or annual reportSecurities, (b) to any beneficial owner of the financial condition Securities, who provides its e-mail address to Level 3 Parent or its designee and results certifies that it is a beneficial owner of operations Securities, (c) to any prospective investor who provides its e-mail address to Level 3 Parent or its designee and certifies that it is a QIB, or (d) any securities analyst who provides their e-mail address to Level 3 Parent or its designee and certifies that they are a securities analyst. Unless Level 3 Parent or CenturyLink is subject to the reporting requirements of the Company Exchange Act, Level 3 Parent shall also hold a quarterly conference call for the Holders of the Securities to review such financial information (which, for the avoidance of doubt, access may be limited to those who have access to the password-protected website and its Restricted Subsidiaries separate have provided a confidentiality acknowledgement). The conference call will not be later than five Business Days from the time that Level 3 Parent distributes the financial condition and results of operations information as set forth above. For so long as any of the Unrestricted Subsidiaries of the Company. (e) Any and all Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenant) upon furnishing such information as contemplated by this covenant (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 if the principal ofSecurities remain outstanding, premium, if any, on, and interest, if any, on, the Notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company Level 3 Parent shall furnish to the Holders and Beneficial Owners of the Notes, Securities and to any prospective investors, broker-dealers and securities analystsinvestor that certifies that it is a QIB, upon their written request, any the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as Act. In the Notes event that any direct or indirect parent of Level 3 Parent becomes a Guarantor or co-obligor of the Securities, Level 3 Parent may satisfy its obligations under this Section 905 with respect to financial information relating to Level 3 Parent by furnishing financial information relating to such parent; provided that the same is accompanied by consolidating information that explains in reasonable detail the differences between the information relating to such parent and any of its Subsidiaries other than Level 3 Parent and its Subsidiaries, on the one hand, and the information relating to Level 3 Parent and its Subsidiaries, on the other hand. Notwithstanding the foregoing, Level 3 Parent shall be deemed to have furnished such financial statements and reports referred to above to the Trustee and the Holders if Level 3 Parent or any direct or indirect parent of Level 3 Parent has filed such reports with the Commission via the ▇▇▇▇▇ filing system (or any successor thereto) and such reports are not freely transferable under the Securities Act. (g) publicly available. 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 or notice of any information contained therein or determinable from information contained therein, including the CompanyIssuer’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.

Reports. (a) So Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, so long as any Notes are outstanding, the Company will file will, unless they have been so filed and made publicly available, deliver to the Trustee and, upon a Holder’s prior written request to the Company, furnish (whether through hard copy or internet access through a publicly-maintained site not protected by a password) to such Holder of Notes, within five Business Days of filing, or attempting to file, the same with the SEC or make publicly available on a website, within the time periods (including any extension thereof) specified in the SEC’s rules and regulations: (1) all quarterly and annual reports financial and other information with respect to the Company and its Subsidiaries that would be required to be filed contained in a filing with the SEC on Forms 10-Q and 10-K if the Company were required to file such reports as Forms, including a non-accelerated filer“Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual financial information only, a report thereon by the Company’s certified independent accountants; and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file such reports. (b) The requirements Company and the Guarantors shall furnish to the Holders and Beneficial Owners of the Notes, prospective purchasers of the Notes and securities analysts, upon their request, the information, if any, required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. (c) The Company will be deemed to have furnished the reports and information required by paragraph (a) of this Section 4.03(a) may be satisfied by 4.03 to the filing Holders if the Company has filed such reports or information, respectively, with the SEC for public availability by using the ▇▇▇▇▇ filing system (or any direct or indirect parent company successor filing system of the SEC) or, if the SEC will not accept such reports or information, if the Company has posted such reports or information, respectively, on its website, and such reports or information, respectively, are publicly available to Holders through internet access. (d) If the Company has designated any of any Annual Report on Form 10-Kits Subsidiaries as Unrestricted Subsidiaries, Quarterly Report on Form 10- Q or Current Report on Form 8-Kthen, containing the required information with respect to the Company or parent companyextent material, as applicable, the quarterly and filed within the time period required under the rules and regulations of the SEC for the filing of such forms; provided that, if applicable, any such annual financial information required by the preceding paragraph will (a) of this Section 4.03 shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or to the financial statements and in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report), if any, between the financial information of the parent company, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) Notwithstanding the foregoing in Section 4.03(a), at any time when the Company does not otherwise file such reports with the SEC, the reports provided pursuant to Section 4.03(a) (i) will not be required to contain the separate financial information for Guarantors as contemplated by Rule 13-01 or 13-02 of Regulation S-X or any financial statements of unconsolidated subsidiaries or 50% or less owned persons as contemplated by Rule 3-09 of Regulation S-X or any schedules required by Regulation S-X, or in each case any successor provisions and (ii) shall not be required to comply with Regulation G under the Exchange Act or Item 10(e) of Regulation S-K with respect to any non-GAAP financial measures contained therein. (d) At any time that any of the Company’s Significant Subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly financial reports required by Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto or in a separate discussion (which may be contained in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the applicable quarterly or annual report) of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the CompanySubsidiaries. (e) Any In the event that any direct or indirect parent company of the Company is a guarantor of the Notes, the Company may satisfy its obligations under this Section 4.03 with respect to financial information relating to the Company by furnishing financial information relating to such parent company; provided that the same be accompanied by consolidated information that explains in reasonable detail the differences between the information relating to such parent, on the one hand, and all the information relating to the Company and its Restricted Subsidiaries on a standalone basis, on the other hand. (f) Delivery of reports, information and documents to the Trustee under this Section 4.03 is for informational purposes only and the Trustee’s receipt of the foregoing shall not constitute constructive notice of any information contained therein or determinable from information contained therein. The Trustee shall have no responsibility or liability for the filing, timeliness or content of such reports, information or documents. (g) All Defaults or Events of Default arising from a failure to furnish in a timely manner any information required by this Section 4.03 shall be deemed cured (and the Company shall be deemed to be in compliance with this covenantSection 4.03) upon furnishing such information as contemplated by this covenant Section 4.03 (but without regard to the date on which such information or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders in Section 6.01 holders under Article 6 if the principal of, premium, if any, on, and interest, if any, on, the Notes notes have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) The Company shall furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (g) 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 Officers’ Certificates). The Trustee shall have no duty to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with any of the covenants under this Indenture, to determine whether such reports, information or documents are filed with the SEC or made publicly available on a website, to examine such reports, information, documents and other reports to ensure compliance with the provisions of this Indenture, to ascertain the correctness or otherwise of the information or the statements contained therein or to participate in any conference calls.