Common use of Reports Clause in Contracts

Reports. Whether or not required by the Commission, so long as any Notes are outstanding, the Issuers shall furnish to Holders and the Trustee, within the time periods specified in the Commission's rules and regulations: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Issuers were required to file such forms, including a “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 Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, 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, 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 (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates).

Reports. (a) Whether or not required by the Commissionrules and regulations of the SEC, so long as any Notes are outstanding, the Issuers Company shall furnish to the Holders and the Trustee, within the time periods specified in the Commission's rules and regulations: (1i) all quarterly and annual financial information that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K if the Issuers Company were required to file such formsForms, including a “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations” section and, with respect to that describes the annual information only, a report on the annual consolidated financial statements condition and results of operations of the Company by and its independent public accountants; and consolidated Subsidiaries (2) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentationshowing in reasonable detail, either on the face of the financial statements or in the footnotes thereto, thereto and in Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, 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 ) and, with respect to the contrary set forth aboveannual information only, for a report thereon by the Company’s certified independent accountants and (ii) 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. For so long as the Issuers are Holdings or another direct or indirect wholly-owned Subsidiaries parent company of CCIthe Company is a guarantor of the Notes, if CCI has furnished Holders and filed electronically with this Indenture will permit the Securities and Exchange Commission, Company to satisfy its obligations under the reports described in the preceding paragraphs with respect to CCI (including any consolidating first sentence of this Section 4.03(a) by furnishing financial information required relating to Holdings; provided that the same is accompanied by Regulation S-X consolidating information that explains in reasonable detail the differences between the information relating to Holdings, on the one hand, and the information relating to the Issuers)Company and its Restricted Subsidiaries on a stand-alone basis, on the other hand. In addition, whether or not required by the rules and regulations of the SEC, the Issuers Company shall be deemed 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. (b) For so long as any Notes remain outstanding, the Company and the Guarantors shall furnish to the Holders and prospective investors, upon their request, the information required to be in compliance with delivered pursuant to Rule 144A(d)(4) under the provisions of this Section 4.03. Delivery Securities Act. (c) Should the Company deliver to the Trustee any such information, reports or certificates or any annual reports, information, documents and other reports, 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 ’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' ’ Certificates).

Reports. (a) Whether or not required by the Commissionrules and regulations of the SEC, so long as any Notes are outstanding, the Issuers shall Company will furnish to the Trustee on behalf of the Holders and the Trustee, within the time periods specified in the Commission's rules and regulations: of Notes (1i) all quarterly and annual financial information that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K if the Issuers Company were required to file such formsForms, including a “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations” section and, with respect to that describes the annual information only, a report on the annual consolidated financial statements condition and results of operations of the Company by and its independent public accountants; and consolidated Subsidiaries (2) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentationshowing in reasonable detail, either on the face of the financial statements or in the footnotes thereto, thereto and in Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, 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 ) and, with respect to the contrary set forth aboveannual information only, a report thereon by the Company’s certified independent accountants; and (ii) 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 (together with any extensions granted by the SEC); provided, however, that if the SEC will accept the filings of the Company, the Company, at its option, need not furnish such reports to the Trustee to the extent it elects to file such reports with the SEC; provided further, however, that in no event shall such reports be required to contain separate financial statements for Guarantors or Subsidiaries that would be required under Section 3-10 of Regulation S-X promulgated under the Securities Act. In the event that any direct or indirect parent company of the Company becomes a guarantor of the Notes, the Company’s obligations in this covenant with respect to financial information relating to the Company may be satisfied by furnishing financial information relating to such parent company; provided that 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 Subsidiaries on a standalone basis, on the other hand. So long as any Notes remain outstanding if the Company is not subject to the reporting requirements under Sections 13 or 15(d) of the Exchange Act, the Company will also (1) as promptly as reasonably practicable after furnishing to the Trustee the annual and quarterly reports required by Section 4.03(a)(i) or such earlier time after the completion of such reporting period, hold a conference call to discuss the results of operations for the relevant reporting period; and (2) issue a press release to the appropriate nationally recognized wire services prior to the date of the conference call required to be held in accordance with clause (1) of this paragraph, announcing the time and date of such conference call and either including all information necessary to access the call. In addition, the Company and the Guarantors have agreed that, for so long as any Notes remain outstanding, they will furnish to the Issuers are direct or indirect wholly-owned Subsidiaries of CCIHolders, if CCI has furnished Holders and filed electronically with upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities and Exchange Commission, the Act. The Company will also make available copies of all reports described in the preceding paragraphs with respect to CCI (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions first sentence of this Section 4.03. 4.03(a), if and so long as the Notes are listed on the Irish Stock Exchange and admitted for trading on the Global Exchange Market of the Irish Stock Exchange, at the offices of the Paying Agent in Ireland or, to the extent and in the manner permitted by such rules, post such reports on the website of the Company. (b) Delivery of such reports, information and documents to the Trustee is for informational information purposes only and the Trustee's ’s receipt of such shall not constitute actual or constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' Company’s and any Guarantor or Subsidiary’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates’ Certificates and/or Opinions of Counsel). 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 otherwise.

Reports. Whether or not required by the Commission, so long as any Notes are outstanding, the Issuers shall furnish to the Holders and the Trusteeof Notes, within the time periods specified in the Commission's rules and regulations: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Issuers were required to file such formsForms, including a “"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 by the Company by its Company's certified independent public accountants; and (2) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuers were required to file such reports. If the Company has Issuers have designated any of its their Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, 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, 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 aboveIn addition, for so long as the Issuers are direct whether 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 (including any consolidating financial information not required by Regulation S-X relating to the Issuers)Commission, the Issuers shall be deemed file a copy of all of the information and reports referred to be in compliance clauses (1) and (2) above with the provisions of this Section 4.03. Delivery of Commission for public availability within the time periods specified in the Commission's rules and regulations, unless the Commission will not accept such reportsa filing, and make such information available to securities analysts and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates)prospective investors upon request.

Reports. Whether or not required The Subadvisor shall provide the Advisor and the Trustees such periodic and special reports as the Advisor may reasonably request. The Subadvisor agrees that such records are the property of the Fund, and shall be made reasonably available for inspections, and by the CommissionFund or by the Advisor as agent of the Fund, so long as any Notes are outstandingand promptly upon request surrendered to either. Without limiting the generality of the foregoing, the Issuers parties agree and acknowledge that the Subadvisor shall furnish to Holders and provide the Trustee, within the time periods specified in the Commission's rules and regulationsfollowing items: (1a) Quarterly reports, in form and substance acceptable to the Advisor, including but not limited to reports with respect to: (i) compliance with the Subadvisor’s code of ethics; (ii) compliance with procedures adopted from time to time by the Trustees relative to securities eligible for resale pursuant to Rule 144A under the 1933 Act; (iii) diversification of the Assets of the Series assets in accordance with the then governing laws and prevailing Prospectus pertaining to the Series; (iv) compliance with governing Fund policies and restrictions relating to the fair valuation of securities for which market quotations are not readily available or considered “illiquid” for the purposes of complying with the Series limitation on acquisition of illiquid securities; (v) cross transactions conducted pursuant to Rule 17a-7 under the 1940 Act; (vi) allocations of brokerage transactions along with descriptions of the bases for those allocations and the receipt and treatment of brokerage and research services received, as may be requested to ensure compliance with Section 28(e) of the 1934 Act; (vii) any and all quarterly other reports reasonably requested in accordance with or described in this Agreement; and, (viii) the implementation of the Assets of the Series investment program, including, without limitation, analyses of Series performance pertaining to the Assets of the Series; (b) Annual or other periodic reports, in form and annual financial substance acceptable to the Advisor, including but not limited reports with respect to: (i) analyses of Series performance pertaining to the Assets of the Series; (ii) disclosure related to the portfolio management of the Assets of the Series and the Subadvisor as may be contained in the Prospectus or marketing materials as amended, supplemented or otherwise updated from time to time; and (iii) foreign custody arrangements as governed by Rule 17f-7 under the 1940 Act; (iv) compliance with the Subadvisor’s code of ethics pursuant to Rule 17j-1; and (v) such compliance certifications as may be reasonably requested. (c) The parties acknowledge and agree that the Subadvisor is authorized to supply the Fund’s independent accountants, PricewaterhouseCoopers LLP, or any successor accountant for the Fund, any reasonable information that they may request in connection with the Fund. In addition, the Subadvisor shall immediately notify and forward to both the Advisor and legal counsel for the Series whose identity has been provided to the Subadvisor any legal process served upon it on behalf of the Advisor or the Fund. The Subadvisor shall promptly notify the Advisor of any changes in any information concerning the Subadvisor of which the Subadvisor becomes aware that is or would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Issuers were required to file such forms, including a “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 Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, either on the face of the financial statements or disclosed in the footnotes thereto, and in Management's Discussion and Analysis of Financial Condition and Results of Operations, 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 (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates)Fund’s registration statement.

Reports. (a) Whether or not required by the Commissionrules and regulations of the SEC, so long as any Notes are outstanding, the Issuers shall Company will furnish to Holders the Trustee and the Trustee, Holders of Notes or cause the Trustee to furnish to the Holders of Notes (or file with the SEC for public availability) within the time periods specified in the Commission's SEC’s rules and regulations:regulations (giving effect to applicable grace periods): (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K if the Issuers Company were required to file such formsForms, including a “Management's ’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 by the Company by its Company’s independent registered public accountants; and (2) all current reports that would be required to be filed with the Commission SEC on Form 8-K if the Issuers Company were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted SubsidiariesIn addition, then the quarterly and annual financial information whether or not required by the preceding paragraph shall include a reasonably detailed presentation, either on the face rules and regulations of the financial statements or 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 within the time periods specified in the footnotes theretoSEC’s rules and regulations (giving effect to applicable grace periods), unless the SEC will not accept such a filing, and in Management's Discussion make such information available to securities analysts and Analysis of Financial Condition and Results of Operations, of the financial condition and results of operations of the prospective investors upon request. 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 will at all times comply with the Securities and Exchange Commission, the reports described in the preceding paragraphs with respect to CCI (including any consolidating financial information required by Regulation S-X relating to the IssuersTIA Section 314(a), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's ’s receipt of such shall will not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively 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 that are applicable to a non-accelerated filer unless the SEC will not accept such a filing. The Company agrees that it will not take any action for the purpose of causing the SEC not to accept any such filings. If, notwithstanding the foregoing, the SEC will not accept the Company’s filings for any reason, the Company will post the reports referred to 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.

Reports. (a) Whether or not required by the CommissionSEC, so long as any Notes are outstanding, the Issuers Loral Space shall furnish to the Holders and the Trusteeof Notes, within the time periods specified in the CommissionSEC's rules and regulations: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K (or any successor forms) if the Issuers Loral Space were required to file such formsForms, including a “"Management's Discussion and Analysis of Financial Condition and Results of Operations” section " that describes the financial condition and results of operations of Loral Space and its Subsidiaries and, with respect to the annual information only, a report on the annual consolidated financial statements of the Company by its Loral Space's certified independent public accountants; and (2) all current reports that would be required to be filed with the Commission SEC on Form 8-K (or any successor form) if the Issuers Loral Space were required to file such reports. . (b) If the Company Loral Space has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph this Section 4.03 shall include a reasonably detailed presentationselected financial information, 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, of regarding the financial condition and results of operations of the Company Loral Space 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 aboveLoral Space. (c) In addition, for so long as the Issuers are direct whether 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 (including any consolidating financial information not required by Regulation S-X relating the SEC, Loral Space shall file a copy of all information and reports referred to the Issuers), the Issuers shall be deemed to be in compliance with the provisions clauses (1) and (2) of paragraph (a) of this Section 4.03. 4.03 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. (d) Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' Loral Space's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates).

Reports. Whether or not required by the Commission, so long as any Notes are outstanding, the Issuers shall furnish to Holders and the Trustee, within the time periods specified in the Commission's ’s rules and regulations: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Issuers were required to file such forms, including a “Management's ’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 Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, 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, 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 whollymajority-owned Subsidiaries of CCIany Parent (or other Person which, directly or indirectly, owns a majority of the outstanding common equity interests of the Issuers), if CCI such Parent (or other Person which, directly or indirectly, owns a majority of the outstanding common equity interests of the Issuers) has provided a guarantee with respect to the Notes and has furnished Holders and filed electronically with the Securities and Exchange Commission, the reports described in the preceding paragraphs with respect to CCI such Parent (or other Person which, directly or indirectly, owns a majority of the outstanding common equity interests of the Issuers) (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' ’ compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates).

Reports. (a) Whether or not required by the Commissionrules and regulations of the SEC, so long as any Notes are outstanding, the Issuers Company shall furnish to the Holders and the Trustee, of Notes within the time periods specified in the CommissionSEC's rules and regulations: regulations (1i) all quarterly and annual financial information that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K if the Issuers Company and its Subsidiaries were required to file such forms, including a “"Management's Discussion and Analysis of Financial Condition and Results of Operations” section " 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 on thereon by the annual consolidated financial statements of the Company by its Company's certified independent public accountants; and accountants and (2ii) all current reports that would be required to be filed with the Commission SEC on Form 8-K if the Issuers Company and its Subsidiaries were required to file such reports. If In addition, following consummation of the Company has designated any of its Subsidiaries as Unrestricted SubsidiariesExchange Offer, then the quarterly and annual financial information whether or not required by the preceding paragraph shall include a reasonably detailed presentation, either on the face rules and regulations of the financial statements or 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 footnotes thereto, SEC's rules and in Management's Discussion regulations (unless the SEC will not accept such a filing) and Analysis of Financial Condition make such information available to securities analysts and Results of Operations, of the financial condition and results of operations of prospective investors upon request if not then publicly available. The Company shall at all times comply with TIA Section 314(a). Delivery by 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 (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is pursuant to TIA Section 314(a) shall be for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' Company's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates). (b) For so long as any Notes remain outstanding, the 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 Exchange Offer or the effectiveness of the Shelf Registration Statement by the filing with the SEC of the registration statement relating to the 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 the Registration Rights Agreement.

Reports. (a) Whether or not required by the Commissionrules and regulations of the SEC, so long as any Notes are outstanding, the Issuers Company shall furnish to the Holders and the Trustee, within the time periods specified in the Commission's rules and regulations: (1i) all quarterly and annual financial information that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K if the Issuers Company were required to file such formsForms, including a “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations” section and, with respect to that describes the annual information only, a report on the annual consolidated financial statements condition and results of operations of the Company by and its independent public accountants; and consolidated Subsidiaries (2) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentationshowing in reasonable detail, either on the face of the financial statements or in the footnotes thereto, thereto and in Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, 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 ) and, with respect to the contrary set forth aboveannual information only, for a report thereon by the Company’s certified independent accountants and (ii) 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. For so long as the Issuers are Holdings or another direct or indirect wholly-owned Subsidiaries parent company of CCIthe Company is a guarantor of the Notes, if CCI has furnished Holders and filed electronically with this Indenture will permit the Securities and Exchange Commission, Company to satisfy its obligations under the reports described in the preceding paragraphs with respect to CCI (including any consolidating first sentence of this Section 4.03(a) by furnishing financial information required relating to Holdings; provided that the same is accompanied by Regulation S-X consolidating information that explains in reasonable detail the differences between the information relating to Holdings, on the one hand, and the information relating to the Issuers)Company and its Restricted Subsidiaries on a stand-alone basis, on the other hand. In addition, whether or not required by the rules and regulations of the SEC, the Issuers Company shall be deemed 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. (b) For so long as any Notes remain outstanding, the Company and the Guarantors shall furnish to the Holders and prospective investors, upon their request, the information required to be in compliance with delivered pursuant to Rule 144A(d)(4) under the provisions of this Section 4.03. Delivery Securities Act. (c) Should the Company deliver to the Trustee any such information, reports or certificates or any annual reports, information, documents and other reports, 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 ’s receipt of such shall not constitute constructive or actual notice of any information contained therein or determinable from information contained therein, including the Issuers' Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' ’ Certificates).

Reports. (a) Whether or not required by the rules and regulations of the Commission, so long as any Notes Securities are outstanding, the Issuers shall Company will furnish to Holders and the Trustee, within for delivery to the time periods specified in Holders of the Commission's rules and regulationsSecurities upon their written request therefor: (1i) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Issuers Company were required to file such formsForms, including a “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations” section and, with respect to that describes the annual information only, a report on the annual consolidated financial statements condition and results of operations of the Company by and its independent public accountants; and consolidated Subsidiaries (2) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentationshowing in reasonable detail, either on the face of the financial statements or in the footnotes thereto, thereto and in “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, 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 Commissionany) and, the reports described in the preceding paragraphs with respect to CCI the annual information only, a report thereon by the Company’s certified independent accountants; and (including any consolidating financial information ii) all current reports that would be required by Regulation Sto be filed with the Commission on Form 8-X relating K if the Company were required to file such reports, in each case within the Issuerstime periods specified in the Commission’s rules and regulations. The Company shall at all times comply with TIA § 314(a). Provided that, the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' Company's compliance with any of its covenants hereunder or under the Indenture (as to which the Trustee is entitled to rely exclusively on Officers' ’ Certificates). (b) In addition, whether or not required by the rules and regulations of the Commission, the Company will file a copy of all such information and reports with the 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 securities analysts and prospective investors upon request.

Reports. Whether or not required (a) The books of account and records of the Company shall be audited as of the end of each Fiscal Year by the Commission, so long as any Notes are outstandingCompany’s independent public accountants. All reports provided to the Members pursuant to this Section 7.1 shall be prepared in conformity with generally accepted accounting principles. The Company’s independent public accountants shall be a nationally recognized independent certified public accounting firm selected by a Super Majority of the Members. (b) Within 60 days after the end of each of the first three fiscal quarters, the Issuers Managing Member shall furnish prepare and mail to Holders and each Person who was a Member during such quarter an unaudited report setting forth as of the Trustee, within the time periods specified in the Commission's rules and regulationsend of such fiscal quarter: (1i) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Issuers were required to file such forms, including a “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 balance sheet of the Company by its independent public accountants; (ii) an income and expense statement of the Company(with Operating Budget variance explanations), and statements of cash flow of the Company (with Operating Budget variance explanations), for such fiscal quarter and detailing fees paid to Affiliates of the Managing Member; and (2iii) all current a status report of the Company’s assets (which report shall include occupancy percentages, leasing activity, a comparison of actual results to the budget for each Company asset) and activities during such fiscal quarter, including summary descriptions of Company assets acquired and disposed of by the Company, expenditures for renovation and construction, and amounts withheld for expenses or reserves upon Disposition (or the tax-deferred exchange) of a Company asset during such fiscal quarter. (c) Within 120 days after the end of each Fiscal Year, the Managing Member shall prepare (or cause to be prepared) and mail to each Member, an audited report setting forth as of the end of such Fiscal Year: (i) a balance sheet of the Company, (ii) an income and expense statement of the Company (with Operating Budget variance explanations), a cash flow statement of the Company (with budget variance explanations) for such Fiscal Year, and (iii) a statement of each Member’s Capital Account. (d) Each Member agrees that it will not, and it will cause its employees, representatives and advisors not to, disclose the information in any reports issued pursuant to this Section 7.1 to any Person other than its professional advisors or lenders without the prior written consent of the Members; provided that would each Member may make such disclosures as it reasonably believes may be required to be filed with the Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated by law, regulation or rule of any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, either on the face of the financial statements governmental authority or in conjunction with any litigation proceeding. (e) After the footnotes theretoend of each Fiscal Year, the Managing Member shall cause the Company’s independent certified public accountants to prepare and transmit, as promptly as possible, and in Management's Discussion and Analysis of Financial Condition and Results of Operations, any event (i) within 120 days of the financial condition and results of operations close of the Company Fiscal Year, a federal income tax form K-1 for each Member, and its Restricted Subsidiaries separate from the financial condition and results of operations (ii) within 150 days of the Unrestricted Subsidiaries close of the Fiscal Year, a copy of the Company. Notwithstanding anything ’s return filed for federal income tax purposes and a report setting forth in sufficient detail such transactions effected by the Company during such Fiscal Year as shall enable each Member to the contrary set forth above, for so long as the Issuers are direct or indirect wholly-owned Subsidiaries of CCIprepare its federal income tax return, if CCI has furnished Holders any. The Managing Member shall mail such materials to (i) each Member and filed electronically with the Securities and Exchange Commission(ii) each former Member (or its successors, the reports described assigns, heirs or personal representatives) who may require such information in the preceding paragraphs with respect to CCI (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of preparing its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates)federal income tax return.

Reports. (a) Whether or not required by the Commissionrules and regulations of the SEC, so long as any Notes are outstanding, the Issuers shall Company will furnish to Holders the Trustee and the Trustee, Holders of Notes or cause the Trustee to furnish to the Holders of Notes (or file with the SEC for public availability) within the time periods specified in the Commission's SEC’s rules and regulations: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K if the Issuers Company were required to file such formsForms, including a “Management's ’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 by the Company by its Company’s independent registered public accountants; and (2) all current reports that would be required to be filed with the Commission SEC on Form 8-K if the Issuers Company were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted SubsidiariesIn addition, then the quarterly and annual financial information whether or not required by the preceding paragraph shall include a reasonably detailed presentation, either on the face rules and regulations of the financial statements or 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 within the time periods specified in the footnotes theretoSEC’s rules and regulations, unless the SEC will not accept such a filing, and in Management's Discussion make such information available to securities analysts and Analysis of Financial Condition and Results of Operations, of the financial condition and results of operations of the prospective investors upon request. 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 will at all times comply with the Securities and Exchange Commission, the reports described in the preceding paragraphs with respect to CCI (including any consolidating financial information required by Regulation S-X relating to the IssuersTIA Section 314(a), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's ’s receipt of such shall will not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively 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 Company agrees that it will not take any action for the purpose of causing the SEC not to accept any such filings. If, notwithstanding the foregoing, the SEC will not accept the Company’s filings for any reason, the Company will post the reports referred to 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.

Reports. Whether (a) Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or not required by 15(d) of the CommissionExchange Act, so long as any Notes are outstanding, the Issuers shall furnish to Holders and Company will file with the Trustee, SEC (unless the SEC will not accept such a filing) for public availability within the time periods period specified in the Commission's SEC’s rules and regulationsregulations under the Exchange Act and, within 10 Business Days of filing, or attempting to file, the same with the SEC, furnish to the Trustee and, upon its request, to any of the Holders of the Notes: (1) all quarterly and annual financial and other information with respect to the Company and its Subsidiaries that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K if the Issuers Company were required to file such forms, including a “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations” section and, with respect to the annual information only, a report on thereon by the annual consolidated financial statements of the Company by its Company’s certified independent public accountants; and (2) all current reports that would be required to be filed with the Commission SEC on Form 8-K if the Issuers Company were required to file such reports. The Company’s filing of any such information, document or report with the Commission pursuant to its Electronic Data Gathering, Analysis and Retrieval (or ▇▇▇▇▇) system or any successor thereto shall satisfy the reporting obligation described above. The Company shall at all times comply with TIA § 314(a). (b) If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph (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, to the financial statements and in Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, 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 Subsidiaries. (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. c) Delivery of such reportsinformation, information documents and documents reports to the Trustee is for informational purposes 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 Issuers' Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' ’ Certificates).

Reports. Whether or not (a) Regardless of whether required by the Commissionrules and regulations of the SEC, so long as any Notes are outstanding, the Issuers shall furnish to Holders and Company will file with the Trustee, SEC (unless the SEC will not accept such a filing) within the time periods specified in the Commission's 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 financial information reports that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K if the Issuers Company were required to file such forms, including a “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations” section and, with respect to the annual information only, a report on thereon by the annual consolidated financial statements of the Company by its Company’s certified independent public accountants; and (2) all current reports that would be required to be filed with the Commission SEC on Form 8-K if the Issuers Company were required to file such reports. . (b) The Company will be deemed to have furnished such reports and information described above in Section 4.03(a) to the Holders of Notes (and the Trustee shall be deemed to have delivered such reports and information to the Holders of Notes) if the Company has filed such reports or information, respectively, with the SEC using the ▇▇▇▇▇ filing system (or any 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 available to Holders of Notes through internet access. (c) For the avoidance of doubt, (i) such information will not be required to contain the separate financial information for Guarantors as contemplated by Rule 3-10 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) 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 its Subsidiaries as Unrestricted Subsidiaries, then then, to the extent material, the quarterly and annual financial information required by the preceding paragraph shall Section 4.03(a) above will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto, and in Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, 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 Subsidiaries. (f) Any and all Defaults or Events of the Company. Notwithstanding anything Default arising from a failure 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 furnish in the preceding paragraphs with respect to CCI (including a timely manner any consolidating financial information required by Regulation S-X relating to this Section 4.03 shall be deemed cured (and the Issuers), the Issuers Company shall be deemed to be in compliance with this Section 4.03) upon furnishing such financial information as contemplated by this Section 4.03 (but without regard to the date on which such financial statement or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders 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. (g) 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 4.034.03(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 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 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. (i) Delivery of such reports, information and documents to the Trustee pursuant to this Section 4.03 is for informational purposes only only, and the Trustee's ’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on an Officers' Certificates’ Certificate).

Reports. Whether or not required by the Commission, so (a) So long as any the Notes are outstanding, the Issuers Issuer shall furnish deliver to Holders the Noteholders and the Trustee, within the time periods specified in the Commission's rules and regulations: (1) all quarterly within 100 days after the end of each fiscal year, (a) an audited consolidated balance sheet as of the end of such fiscal year, (b) an audited consolidated income statement for such fiscal year, (c) an audited consolidated statement of cash flows for such fiscal year, in each case of the Issuer and annual financial information that would be required to be contained its consolidated Subsidiaries, prepared in a filing accordance with GAAP, setting forth in comparative form the Commission on Forms 10-Q figures for the corresponding period of (or, in the case of the balance sheet, as of the end of) the previous fiscal year and 10-K if the Issuers were required to file such forms, including notes thereto and (d) a “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations” section and, with respect to that describes the annual information only, a report on financial condition and results of operations of the annual Issuer and its consolidated Subsidiaries; all such financial statements shall be audited by a certified public accountant of the Issuer that is independent and registered with the Public Company by its independent public accountants; andAccounting Oversight Board in accordance with generally accepted accounting standards in the United States; (2) all current reports within 60 days after the end of each of the first three fiscal quarters of each fiscal year, (a) an unaudited consolidated balance sheet as of the end of that would be required to be filed with quarter, (b) an unaudited consolidated income statement for such fiscal quarter and for the Commission on Form 8-K if then elapsed portion of such fiscal year, (c) an unaudited consolidated statement of cash flows for such fiscal quarter and for the Issuers were required to file then elapsed portion of such reports. If fiscal year, in each case of the Company has designated any of Issuer and its Subsidiaries as Unrestricted consolidated Subsidiaries, then prepared in accordance with GAAP, setting forth in comparative form the quarterly and annual financial information required by figures for the preceding paragraph shall include a reasonably detailed presentationcorresponding period or periods of (or, either on in the face case of the financial statements or in balance sheet, as of the footnotes thereto, end of) the previous fiscal year and in including notes thereto and (d) a “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, of ” that describes the financial condition and results of operations of the Company Issuer and its Restricted Subsidiaries separate from consolidated Subsidiaries; all such financial statements shall be certified by any Officer of the Issuer as presenting fairly in all material respects the consolidated financial condition and condition, results of operations and cash flows of the Unrestricted Issuer and its consolidated Subsidiaries on a consolidated basis in accordance with GAAP; and (3) promptly from time to time after the occurrence of any of the Company. Notwithstanding anything following events, a current report that contains a brief summary of the material terms, facts and/or circumstances involved to the contrary set forth aboveextent not otherwise publicly disclosed: (i) entry by the Issuer or a Restricted Subsidiary into an agreement outside the ordinary course of business that is material to the Issuer and its Subsidiaries, taken as a whole, any material amendment thereto or termination of any such agreement other than in accordance with its terms (excluding, for so long the avoidance of doubt, employee compensatory or benefit agreements or plans), (ii) completion of a merger of the Issuer with or into another Person or a material acquisition or disposition of assets by the Issuer 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 Issuer or a Significant Subsidiary (as defined in Regulation S-X), or (iv) the Issuers are direct Issuer’s incurring Indebtedness outside the ordinary course of business that is material to the Issuer (other than under a Credit Facility or indirect wholly-owned Subsidiaries of CCI, if CCI other arrangement which has furnished Holders and filed electronically with the Securities and Exchange Commission, the reports been described in the preceding paragraphs Offering Memorandum 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 Issuer or any Restricted Subsidiary. (b) In addition to delivering the foregoing information to the Noteholders and the Trustee, the Issuer shall maintain a website (that, at the option of the Issuer, may be password protected) to which Noteholders, market makers affiliated with any initial purchaser of the Notes and securities analysts are given access promptly upon request and to which all of the information required to be provided pursuant to Section 4.12(a)(1) and 4.12(a)(2) above is posted. (c) Notwithstanding the foregoing, the above requirements may be satisfied by the filing with the SEC for public availability by the Issuer, the Parent or another Parent Entity 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 CCI the Issuer or Parent Entity, as applicable, provided that (including i) any consolidating such financial information of such Parent Entity contains information reasonably sufficient to identify the material differences, if any, between the financial information of such Parent Entity, on the one hand, and the Issuer and its Subsidiaries on a stand-alone basis, on the other hand and (ii) such Parent Entity does not own, directly or indirectly, Capital Stock of any Person other than the Issuer and its Subsidiaries (and other than, indirectly, through its ownership of the Issuer and its Subsidiaries) or material business operations that would not be consolidated with the financial results of the Issuer and its Subsidiaries. The availability of the foregoing reports on the SEC’s ▇▇▇▇▇ filing system will be deemed to satisfy the foregoing delivery requirements. The Trustee shall have no responsibility to determine whether the Company has posted information on its website or filed reports on ▇▇▇▇▇. (d) No later than ten Business Days after the dates that the information described in Section 4.12(a)(1) and 4.12(a)(2) above is required by Regulation S-X relating to the Issuers)be delivered, the Issuers Issuer shall hold an annual or quarterly, as applicable, conference call to discuss such financial information, during which management of the Issuer shall provide Holders of the Notes, market makers affiliated with any initial purchaser of the Notes and securities analysts with an update on the Issuer’s financial condition. Notwithstanding the foregoing, the Parent may satisfy the immediately preceding requirement by holding an annual and quarterly conference call to discuss the information described in Section 4.12(a)(1) and 4.12(a)(2) above, as applicable. (e) Any and all defaults or Events of Default arising from a failure to comply with this Section 4.12 shall be deemed cured (and the Parent shall be deemed to be in compliance with this Section 4.12) upon furnishing or filing such information or report as contemplated by this Section 4.12 (but without regard to the provisions date on which such information or report is so furnished or filed); provided that such cure shall not otherwise affect the rights of Holders under Article VI if all outstanding Notes shall have been accelerated in accordance with the terms of this Section 4.03Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) In addition, the Issuer shall furnish to Holders of the Notes upon the requests of such Holders, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as any Notes are not freely transferable under the Securities Act. (g) The Trustee shall have no responsibility to determine if the Issuer has complied with its reporting requirements or if the Issuer has posted any information on its website. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's ’s receipt of such reports, information or documents shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' Issuer’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' ’ Certificates).

Reports. (a) Whether or not required by the CommissionSEC, so long as any Notes are outstanding, the Issuers Company shall furnish to the Holders and the Trusteeof Notes, within the time periods specified in the Commission's SEC’s rules and regulations: (1i) all quarterly and annual financial information that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K if the Issuers Company were required to file such formsForms, including a “Management's ’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 by the Company by its Company’s certified independent public accountants; and (2ii) all current reports that would be required to be filed with the Commission SEC on Form 8-K if the Issuers Company were required to file such reports. (b) 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 (a)(i) and (ii) 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 prospective investors upon request. In addition, the Company shall, for so long as any Notes remain outstanding, 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, if 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 shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto, and in “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, ,” 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 herein 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 Commissioncontrary, the reports described in the preceding paragraphs with respect to CCI (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall Company will not be deemed to be in compliance have failed to comply with the provisions any of its obligations hereunder for purposes of Section 6.01(a)(iv) of this Indenture until 120 days after the date any report under this Section 4.034.03 is due. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's ’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' ’ Certificates).

Reports. (a) Whether or not required by the Commission, so long as any Notes are outstanding, the Issuers Ventas, Inc. shall furnish to the Holders and the Trusteeof Notes, within the time periods specified in the Commission's ’s rules and regulations: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Issuers Ventas, Inc. were required to file such formsForms, including a “Management's ’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 Ventas, Inc.’s certified independent public accountants; and (2) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuers Ventas, Inc. were required to file such reports. For so long as any Notes remain outstanding, Ventas, Inc. shall 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. The availability of the materials required to be furnished pursuant to Section 4.03(a) on the Commission’s website or on Ventas, Inc.’s website shall be deemed to satisfy the delivery obligations set forth in this Section 4.03(a). (b) Whether or not required by the Commission, Ventas, Inc. shall file a copy of all of the information and reports referred to in clauses (a)(1) and (2) above with the 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 securities analysts and prospective investors upon request. If the Company Ventas, Inc. has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall Section 4.03(b) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto, and in Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, of the financial condition and results of operations of the Company Ventas, Inc., as applicable, 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 aboveVentas, 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 (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates).Inc.

Reports. Whether (i) As of their respective dates, none of the reports ------- or not required other statements filed by RCFC or RCFC Bank on or subsequent to December 31, 1997, with the CommissionFDIC or the SEC (collectively, so long as "RCFC's Reports"), contained, or will contain, any Notes are outstanding, the Issuers shall furnish untrue statement of a material fact or omitted or will omit to Holders and the Trustee, within the time periods specified in the Commission's rules and regulations: (1) all quarterly and annual financial information that would be state a material fact required to be contained stated therein or necessary to make the statements made therein, in a light of the circumstances under which they were made, not misleading. Each of the financial statements of RCFC included in RCFC's Reports complied as to form, as of their respective dates of filing with the Commission on Forms SEC, in all material respects with applicable accounting requirements and with the published rules and regulations of the SEC with respect thereto and have been prepared in accordance with GAAP (except as may be indicated in the notes thereto or, in the case of unaudited financial statements, as permitted by Form 10-Q of the SEC). Each of the consolidated statements of condition contained or incorporated by reference in RCFC's Reports (including in each case any related notes and 10schedules) 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 (B) the results of operations, stockholders' equity and cash flows, as the case may be, of the entity or entities to which it relates for the periods set forth therein (subject, in the case of unaudited interim statements, to normal year-K if end audit adjustments that are not material in amount or effect), in each case in accordance with GAAP, except as may be noted therein. RCFC has made available to Bayonne a true and complete copy of each of RCFC's Reports filed with the Issuers SEC 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 with respect thereto, that they were required to file such formssince December 31, including a “Management's Discussion 1993 with (A) the FDIC, (B) the SEC, (C) the NASD, (D) the NYBD and Analysis of Financial Condition and Results of Operations” section (E) any other SRO, and, with respect to the annual information onlyRCFC's knowledge, a report on the annual consolidated financial statements of the Company by its independent public accountants; and (2) have paid all current reports that would be required to be filed with the Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly fees and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, either on the face of the financial statements or assessments due and payable in the footnotes thereto, and in Management's Discussion and Analysis of Financial Condition and Results of Operations, 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 (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates)connection therewith.

Reports. Whether or not required by the Commission, (A) For so long as any Notes are outstandingthe Issuer is subject to the requirements of Section 13 or 15(d) of the Exchange Act, the Issuers Issuer shall furnish to Holders and file with the Trustee, within 15 days after the same are required to be filed with the SEC (giving effect to any grace period provided by Rule 12b-25 under the Exchange Act), copies of any documents or reports that the Issuer is required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act (excluding any such information, documents or reports, or portions thereof, subject to, or with respect to which the Issuer is actively seeking, confidential treatment and any correspondence with the SEC). Any such document or report that the Issuer files with the SEC via the SEC’s ▇▇▇▇▇ system shall be deemed to be filed with the Trustee for purposes of this Section 3.03(A) at the time such documents are filed via the ▇▇▇▇▇ system. (B) If the Issuer is not subject to the requirements of Section 13 or 15(d) of the Exchange Act, the Issuer shall file with the Trustee: (i) within 105 days after the end of each fiscal year, a consolidated balance sheet and related statements of comprehensive income, cash flows and stockholders’ equity showing the financial position of the Issuer and its Subsidiaries as of the close of such fiscal year and the consolidated results of their operations during such year and setting forth in comparative form the corresponding figures for the prior fiscal year, which consolidated balance sheet and related statements of comprehensive income, cash flows and stockholders’ equity shall be accompanied by customary management’s discussion and analysis and audited by independent public accountants of recognized national standing and accompanied by an opinion of such accountants to the effect that such consolidated financial statements fairly present, in all material respects, the financial position and results of operations of the Issuer and its Subsidiaries on a consolidated basis in accordance with GAAP; (ii) within 60 days after the end of each of the first three fiscal quarters of each fiscal year, a consolidated balance sheet and related statements of comprehensive income, cash flows and stockholders’ equity showing the financial position of the Issuer and its Subsidiaries as of the close of such fiscal quarter and the consolidated results of their operations during such fiscal quarter and the then-elapsed portion of the fiscal year and setting forth in comparative form the corresponding figures for the corresponding periods of the prior fiscal year, all of which shall be in reasonable detail, which consolidated balance sheet and related statements of operations, cash flows and stockholders’ equity shall be accompanied by customary management’s discussion and analysis and which consolidated balance sheet and related statements of comprehensive income, cash flows and stockholders’ equity shall be certified by the principal financial officer of the Issuer on behalf of the Issuer as fairly presenting, in all material respects, the financial position and results of operations of the Issuer and its Subsidiaries on a consolidated basis in accordance with GAAP (subject to normal year-end audit adjustments and the absence of footnotes); and (iii) within 15 days of the due date specified in the Commission's SEC’s rules and regulations: (1) all quarterly and annual financial regulations for reporting companies under the Exchange Act, substantially the same information that would be required to be contained in a filing filings with the Commission on Forms 10-Q and 10-K if the Issuers were required to file such forms, including a “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 Commission SEC on Form 8-K if the Issuers were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiariesunder Items 1.01, then the quarterly 1.02, 1.03, 2.01, 4.01, 4.02(a) and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, 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, 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 (including any consolidating financial information required by Regulation S-X relating to the Issuersb), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information 5.01 and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates).5.02

Reports. Whether or not required by the Commission, so long as any Notes are outstanding, the Issuers shall furnish to Holders and the Trustee, within the time periods specified in the Commission's ’s rules and regulations: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Issuers were required to file such forms, including a “Management's ’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 Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto, and in Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, 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 (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's ’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' ’ compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' ’ Certificates).

Reports. Whether or not required by The Dart Group SEC Reports complied, as of their ------- respective dates of filing, in all material respects with all applicable requirements of the Commission, so long as any Notes are outstandingSecurities Act, the Issuers shall furnish to Holders Exchange Act and the Trustee, within the time periods specified in the Commission's rules and regulations: (1) all quarterly and annual regulations of the SEC. As of their respective dates, none of such forms, reports or documents, including without limitation any financial information that would be statements or schedules included therein, contained any untrue statement of a material fact or omitted to state a material fact required to be contained stated therein or necessary in a filing with order to make the Commission on Forms 10-Q statements therein not misleading in light of the circumstances under which they were made. Each of the balance sheets (including the related notes and 10-K if schedules) included in the Issuers were required to file such forms, including a “Management's Discussion and Analysis of Financial Condition and Results of Operations” section and, with respect to Dart Group SEC Reports fairly presented in all material respects the annual information only, a report on the annual consolidated financial statements position of the Company by its independent public accountants; and Dart Companies as of the respective dates thereof, and the other related financial statements (2including the related notes and schedules) included therein fairly presented in all current reports that would be required to be filed with material respects the Commission on Form 8-K if consolidated results of operations and cash flows of the Issuers were required to file such reportsDart Companies for the respective fiscal periods or as of the respective dates set forth therein. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, either on the face Each of the financial statements or (including the related notes and schedules) included in the footnotes theretoDart Group SEC Reports (i) complied as to form with the applicable accounting requirements and rules and regulations of the SEC, and (ii) was prepared in Management's Discussion accordance with GAAP consistently applied during the periods presented, except as otherwise noted therein and Analysis subject to normal year-end and audit adjustments in the case of Financial Condition any unaudited interim financial statements. Except for Dart, Crown, SFW Holding Corp., Shoppers and Results of OperationsTrak, none of the financial condition and results of operations of Dart Companies is required to file any forms, reports or other documents with the Company and its Restricted Subsidiaries separate from SEC, Nasdaq, the financial condition and results of operations of the Unrestricted Subsidiaries of the CompanyNew York Stock Exchange or any other foreign or domestic securities exchange or Governmental Authority with jurisdiction over securities laws. Notwithstanding anything to the contrary Except as set forth abovein Exhibit 6.5 attached hereto, for so long as the Issuers are direct or indirect wholly-owned Subsidiaries since ----------- January 31, 1997, each of CCIDart, if CCI Crown, SFW Holding Corp., Shoppers and Trak has furnished Holders timely filed all reports, registration statements and other filings to be filed electronically by it with the Securities and Exchange Commission, the reports described in the preceding paragraphs with respect to CCI (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates)SEC.

Reports. Whether or not required by the Commission, so (a) So long as any Notes are outstanding, the Issuers shall Company will furnish to the Holders and of the Notes or the Trustee, within the time periods specified in the Commission's rules and regulations: (1) all quarterly and annual no later than 90 days after the end of each fiscal year, (a) audited financial information that would be required statements prepared in accordance with GAAP (with footnotes to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Issuers were required to file such formsfinancial statements), including the audit report on such financial statements issued by the Company’s certified independent accountants, (b) a “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations” section consistent with the presentation thereof in the Offering Circular 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; (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 such financial statements consistent with past practice), (b) a “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 (3) within ten business days after the occurrence of any of the following events, a current report that contains a brief summary of the material terms, facts and/or circumstances involved to the extent not otherwise publicly disclosed: (i) entry by the Company or a Restricted Subsidiary into an agreement outside the ordinary course of business that is material to the Company and its Subsidiaries, taken as a whole, any material amendment thereto or termination of any such agreement 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 annual information onlyCompany, Finance Corp. or a report on Significant Subsidiary, (iv) the annual consolidated financial statements 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 Parent, the Company or a Subsidiary of either of the Company by its independent public accountants; and foregoing of (2i) all current reports that would be required to be filed with the Commission any Annual Report on Form 10-K, (ii) a Quarterly Report on Form 10-Q or (iii) a Current Report on Form 8-K K, containing the information required by Section 4.03(a) or part thereof with respect to the Company or Parent, as applicable, provided that any such financial information of Parent contains information reasonably sufficient to identify the material differences, if any, between the Issuers were financial information of Parent, on the one hand, and the Company and its Subsidiaries on a stand-alone basis, on the other hand. (c) For the avoidance of doubt, the information provided pursuant to Section 4.03(a) (i) will not be required to file contain the separate financial information for Guarantors as contemplated by Rule 3-10 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 reportsinformation 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. If the Company has designated At any time that any of its the Company’s Significant Subsidiaries as are Unrestricted Subsidiaries, then the annual and quarterly and annual financial information required by the preceding paragraph shall Section 4.03(b) (will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto, and in “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, ,” 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 . (d) Any and all Defaults or Events of Default arising from a failure 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 furnish in the preceding paragraphs with respect to CCI (including a timely manner any consolidating financial information required by Regulation S-X relating to this Section 4.03 shall be deemed cured (and the Issuers), the Issuers 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 provisions date on which such 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. Delivery 4.03(a)(1) and Section 4.03(a)(2) no later than ten Business Days after distribution of such reportsfinancial information, information and documents 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 Trustee is for informational purposes only date of the conference calls required to be held in accordance with this paragraph, announce the date and the Trustee's receipt 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 not constitute constructive notice furnish to the Holders and Beneficial Owners of the Notes, prospective investors, broker-dealers and securities analysts, upon their request, any information contained therein or determinable from information contained therein, including required to be delivered pursuant to Rule 144A(d)(4) under the Issuers' compliance with any of its covenants hereunder (Securities Act so long as to which the Trustee is entitled to rely exclusively on Officers' Certificates)Notes are not freely transferable under the Securities Act.

Reports. (a) Whether or not required by the Commissionrules and regulations of the SEC, so long as any Notes are outstanding, the Issuers shall Issuer will furnish to the Holders and of Notes or cause the TrusteeTrustee to furnish to the Holders of Notes (or file with the SEC for public availability), within the time periods specified in the Commission's SEC’s rules and regulationsregulations applicable to a non-accelerated filer, after giving effect to all applicable extensions and cure periods: (1) all quarterly and annual financial information reports that would be required to be contained in a filing filed with the Commission SEC on Forms 10-Q and 10-K if the Issuers Issuer were required to file such formsreports, including a “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations” section and, with respect to the annual information report only, a report on the annual Issuer’s consolidated financial statements of by the Company by its Issuer’s certified independent public accountants; and (2) all current reports that would be required to be filed with the Commission SEC on Form 8-K if the Issuers Issuer were required to file such reports. The availability of the foregoing reports on the SEC’s ▇▇▇▇▇ filing system will be deemed to satisfy the foregoing delivery requirements. (b) If the Company Issuer has designated as an Unrestricted Subsidiary any of its Subsidiaries as that is a Significant Subsidiary (or that, taken together with other Unrestricted Subsidiaries, would be a Significant Subsidiary), then the quarterly and annual financial information required by Section 4.03(a) will include, to the preceding paragraph shall include extent material, a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto, and in Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, of the financial condition and results of operations of the Company Issuer and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. Notwithstanding anything to Issuer. (c) In the contrary set forth above, for so long as the Issuers are event that any direct or indirect wholly-owned Subsidiaries parent company of CCI, if CCI has furnished Holders and filed electronically with the Securities and Exchange CommissionIssuer becomes a guarantor of the Notes, the reports described in the preceding paragraphs Issuer may satisfy its obligations under this Section 4.03 with respect to CCI financial and other information relating to the Issuer by furnishing corresponding information relating to such parent company; provided that the same includes a reasonable summary of the differences between the information relating to such parent, on the one hand, and the information relating to the Issuer and its Restricted Subsidiaries on a standalone basis, on the other hand. (including any consolidating financial d) Any and all Defaults or Events of Default arising from a failure to furnish or file in a timely manner a report or information required by Regulation S-X relating to this Section 4.03 shall be deemed cured (and the Issuers), the Issuers Issuer shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of ) upon furnishing or filing such reports, report or information and documents as contemplated by this Section 4.03 (but without regard to the Trustee date on which such report or information is for informational purposes only so furnished or filed); provided that such cure shall not otherwise affect the rights of the Holders under Article 6 if the principal, premium, if any, and interest 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) For so long as any Notes remain outstanding, the Issuer will furnish to the Holders and Beneficial Owners of the Notes and to securities analysts and prospective investors in the Notes, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. (f) This Section 4.03 does not impose any duty on the Issuer under the Sarbanes Oxley Act of 2002 and the Trustee's receipt of such shall related SEC rules that would not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates)otherwise be applicable.

Reports. Whether or not required by the Commission, so long as any Notes are outstanding, the Issuers shall furnish to Holders and the Trustee, within the time periods specified in the Commission's ’s rules and regulations: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Issuers were required to file such forms, including a “Management's ’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 Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto, and in Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, 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 whollymajority-owned Subsidiaries of CCIany Parent (or 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 CCI 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) has furnished Holders and filed electronically with the Securities and Exchange Commission, the reports described in the preceding paragraphs with respect to CCI such Parent (or such 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) (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Such information may be provided by a Parent in filings with the Securities and Exchange Commission, which filing shall satisfy the obligations set forth in this paragraph. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's ’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' ’ compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' ’ Certificates).

Reports. (a) Whether or not required by the Commissionrules and regulations of the SEC, so long as any Notes are outstanding, the Issuers Company shall furnish to the Holders and the Trustee, within the time periods specified in the Commission's rules and regulations: (1i) all quarterly and annual financial information that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K if the Issuers Company were required to file such formsForms, including a “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations” section and, with respect to that describes the annual information only, a report on the annual consolidated financial statements condition and results of operations of the Company by and its independent public accountants; and consolidated Subsidiaries (2) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentationshowing in reasonable detail, either on the face of the financial statements or in the footnotes thereto, thereto and in Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, 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 ) and, with respect to the contrary set forth aboveannual information only, for a report thereon by the Company’s certified independent accountants and (ii) 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. For so long as the Issuers are Holdings or another direct or indirect wholly-owned Subsidiaries parent company of CCI, if CCI has furnished Holders and filed electronically with the Securities and Exchange CommissionCompany is a guarantor of the Notes, the reports described in Indenture will permit the preceding paragraphs with respect Company to CCI (including any consolidating satisfy its obligations under the first sentence of this Section 4.03(a) by furnishing financial information required relating to Holdings; provided that the same is accompanied by Regulation S-X consolidating information that explains in reasonable detail the differences between the information relating to Holdings, on the one hand, and the information relating to the IssuersCompany and its Restricted Subsidiaries on a stand-alone basis, on the other hand. In addition, following the consummation of the Registered Exchange Offer (as defined in the Appendix), whether or not required by the Issuers rules and regulations of the SEC, the Company shall be deemed 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. (b) The Company shall at all times comply with TIA § 314(a). (c) For so long as any Notes remain outstanding, the Company and the Guarantors shall furnish to the Holders and prospective investors, upon their request, the information required to be in compliance with delivered pursuant to Rule 144A(d)(4) under the provisions of this Section 4.03. Delivery Securities Act. (d) 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 ’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' ’ Certificates).

Reports. Whether or not required by the Commission, so long as any Notes are outstanding, the Issuers shall furnish to Holders and the Trustee, within the time periods specified in the Commission's ’s rules and regulations: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Issuers were required to file such forms, including a “Management's ’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 Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto, and in Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, 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 whollymajority-owned Subsidiaries of CCIany Parent (or 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 CCI 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) has provided a guarantee with respect to the Notes and has furnished Holders and filed electronically with the Securities and Exchange Commission, the reports described in the preceding paragraphs with respect to CCI such Parent (or such 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) (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's ’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' ’ compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' ’ Certificates).

Reports. Whether or not required by the Commission, so long as any Notes are outstanding, the Issuers shall furnish Business Associate agrees to Holders and the Trustee, within the time periods specified in the Commission's rules and regulationsreport to Covered Entity: 5.1 Any Use or Disclosure of PHI not authorized by this BAA within five (15) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Issuers were required to file such forms, including a “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 days of the Company by its independent public accountantsBusiness Associate becoming aware of such unauthorized Use or Disclosure; 5.2 Any Security Incident within five (5) days of the Business Associate becoming aware of the Security Incident; and 5.3 Each report of a Breach of Unsecured PHI Discovered by Business Associate, to the extent Business Associate accesses, maintains, retains, modifies, records, stores, destroys or otherwise holds, Uses or Discloses Unsecured PHI, unless delayed for law enforcement purposes, shall be made without delay and in no case later than thirty (230) all current reports that would be required to be filed with calendar days after Discovery of the Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted SubsidiariesBreach, then the quarterly and annual financial information required by the preceding paragraph shall include a the identification of each Individual whose Unsecured PHI has been, or is reasonably detailed presentationbelieved by Business Associate to have been, either on the face of the financial statements accessed, acquired or in the footnotes thereto, and in Management's Discussion and Analysis of Financial Condition and Results of Operations, 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 CompanyDisclosed during such Breach. Notwithstanding anything herein to the contrary set forth abovecontrary, 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 (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery 5.3 shall only be applicable to Breaches that are Discovered on or after the date that is thirty (30) days after the date of such reportspublication of interim final regulations promulgated by the Secretary that address notifications of Breaches of Unsecured PHI. 5.4 Business Associate agrees to indemnify and hold harmless, information Covered Entity, its Officers, directors, shareholders, agents, and documents employees against all liability claims, damages, suits, demands, expenses, and civil monetary penalties (including but not limited to, court costs and reasonable attorneys’ fees) of every kind arising out of the negligent errors and omissions or willful misconduct of Business Associate, its agents, servants, employees and independent contractors (excluding Covered Entity) in the performance of or conduct relating to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates)this Section 5.

Reports. (a) Whether or not required by the Commissionrules and regulations of the SEC, so long as any Notes are outstanding, the Issuers shall Company will furnish to the Holders and of Notes or cause the TrusteeTrustee to furnish to the Holders of Notes (or file with the SEC for public availability), within the time periods specified in the Commission's SEC’s rules and regulations: (1) all quarterly and annual financial information that would be required to be contained in a filing filed with the Commission SEC on Forms 10-Q and 10-K if the Issuers Company were required to file such formsreports, including a “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations” section 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 report on thereon by the annual consolidated financial statements of the Company by its Company’s certified independent public accountants; and (2) all current reports that would be required to be filed with the Commission SEC on Form 8-K if the Issuers Company were required to file such reports. If The Company will file a copy 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 rules and regulations applicable to such reports (unless the SEC will not accept such a filing) and will post the reports on its website within those time periods. The Company has designated will at all times comply with TIA §314(a). (b) For so long as any of its Subsidiaries as Unrestricted SubsidiariesNotes remain outstanding, then if at any time they are not required to file with the quarterly and annual financial information SEC the reports required by the preceding paragraph shall include a reasonably detailed presentation(a) of this Section 4.03, 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, of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition Guarantors will furnish to the Holders of Notes and results of operations of to securities analysts and prospective investors, upon their request, the Unrestricted Subsidiaries of information required to be delivered pursuant to Rule 144A(d)(4) under the Company. Securities Act. (c) Notwithstanding anything to the contrary set forth in Sections 4.03(a) and 4.03(b) 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 (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall Company will be deemed to be in compliance with have furnished the provisions of reports required by this Section 4.03. Delivery of such reports, information and documents 4.03 to the Trustee is for informational purposes only and the Trustee's receipt Holders of the Notes if the Company has filed such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including reports with the Issuers' compliance with any of its covenants hereunder (as to which SEC via the Trustee is entitled to rely exclusively on Officers' Certificates)▇▇▇▇▇ filing system and such reports are publicly available.

Reports. (a) Whether or not required by the Commissionrules and regulations of the SEC, so long as any Notes are outstanding, the Issuers Company shall furnish to the Holders and of Notes, if not filed electronically with the Trustee, within the time periods specified in the Commission's rules and regulations: SEC (1i) all quarterly and annual financial information that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K if the Issuers Company were required to file such forms, including a “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations” section 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 on thereon by the annual consolidated financial statements of the Company by its Company’s certified independent public accountants; and accountants and (2ii) all current reports that would be required to be filed with the Commission SEC on Form 8-K if the Issuers Company were required to file such reports, in each case, within the time periods specified in the SEC’s rules and regulations. If In addition, following the Company has designated any consummation of its Subsidiaries the Registered Exchange Offer or the effectiveness of the Shelf Registration Statement (as Unrestricted Subsidiariesdefined in the Appendix), then the quarterly and annual financial information whether or not required by the preceding paragraph shall include a reasonably detailed presentation, either on the face rules and regulations of the financial statements or 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 footnotes 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 Registered Exchange Offer or the effectiveness of the Shelf Registration Statement by the filing when required with the SEC of the Exchange Offer Registration Statement (as defined in the Registration Rights Agreement) and/or Shelf Registration Statement, and any amendments thereto, and in Management's Discussion and Analysis of Financial Condition and Results of Operations, 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 (including any consolidating such financial information required by that satisfies Regulation S-X relating of the Securities Act. The Company shall at all times comply with TIA § 314(a). (b) For so long as any Notes remain outstanding, the Company and the Guarantors shall furnish to the IssuersHolders 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) 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), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery 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 and the Trustee's ’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' ’ Certificates).

Reports. Whether or not required by The WPZ SEC Reports complied, as of their respective dates of filing, in all material respects with all applicable requirements of the Commission, so long as any Notes are outstandingSecurities Act, the Issuers shall furnish to Holders Exchange Act and the Trustee, within the time periods specified in the Commission's rules and regulations: (1) all quarterly and annual regulations of the SEC. As of their respective dates, none of such forms, reports or documents, including without limitation any financial information that would be statements or schedules included therein, contained any untrue statement of a material fact or omitted to state a material fact or omitted to state a material fact required to be contained stated therein or necessary in a filing order to make the statements therein not misleading in light of the circumstances under which they were made. Each of the balance sheets (including the related notes and schedules) included in the WPZ SEC Reports fairly presented in all material respects the consolidated financial position of the WPZ Companies as of the respective dates thereof, and the other related financial statements (including the related notes and schedules) included therein fairly presented in all material respects the consolidated results of operations and cash flows of the WPZ Companies for the respective fiscal periods or as of the respective dates set forth therein. The WPZ Fiscal Financial Statements present fairly in all material respects the consolidated financial position of WPZ and its Subsidiaries and their consolidated results of operations and changes in financial position and cash flows for the respective periods therein presented. Each of the financial statements (including the related notes and schedules) included in the WPZ SEC Reports and the WPZ Fiscal Financial Statements (i) complied as to form with the Commission on Forms 10applicable accounting requirements and rules and regulations of the SEC, and (ii) was prepared in accordance with GAAP consistently applied during the periods presented, except as otherwise noted therein and subject to normal year-Q end and 10-K if audit adjustments in the Issuers were case of any unaudited interim financial statements. Except for WPZ, none of the WPZ Companies is required to file such any forms, including a “Management's Discussion reports or other documents with the SEC, the NYSE or any other foreign or domestic securities exchange or Governmental Authority with jurisdiction over securities laws. Since February 18, 1998, WPZ has timely filed all reports, registration statements, definitive proxy statements 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 other filings required to be filed by it with the Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, 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, 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 (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates)SEC.

Reports. Whether or not required by the Commission, so long as any Notes are outstanding, the Issuers Issuer shall furnish to Holders and electronically file with the Trustee, within Commission by the time periods respective dates specified in the Commission's ’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 financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Issuers Issuer were required to file such formsForms, including a “Management's ’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 by the Company by its Issuer’s certified independent public accountants; and (2b) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuers Issuer were required to file such reports. ; If such filings with the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, Commission are not then the quarterly and annual financial information required permitted by the preceding paragraph shall include a reasonably detailed presentationCommission, either or such filings are not generally available on the face Internet free of charge, the Issuer shall, within 15 days of each Required Filing Date, transmit by mail to Holders of the financial statements or Notes, as their names and addresses appear in the footnotes theretoNote register, without cost to such Holders of the Notes, and in Management's Discussion and Analysis of Financial Condition and Results of Operations, file with the Trustee copies of the financial condition and results of operations of information or reports that the Company and its Restricted Subsidiaries separate from Issuer would be required to file with the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. Notwithstanding anything Commission pursuant to the contrary set forth above, for so first paragraph of this Section 4.4 if such filing were then permitted. So long as the Issuers are direct or indirect wholly-owned Subsidiaries of CCI, if CCI has furnished Holders and filed electronically Parent Guarantor complies with the Securities requirements of Rules 3-10 and Exchange Commission, the reports described in the preceding paragraphs with respect to CCI (including any consolidating financial information required by 13-01 of Regulation S-X relating to promulgated by the IssuersCommission (or any successor provision), the Issuers reports, information and other documents required to be filed and furnished to Holders of the Notes pursuant to this Section 4.4 may, at the option of the Issuer, be filed by and be those of the Parent Guarantor rather than the Issuer. The availability of the foregoing reports on the Commission’s ▇▇▇▇▇ service (or successor thereto) shall be deemed to be in compliance with satisfy the provisions of this Section 4.03Issuer’s delivery obligations to the Trustee and Holders. 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 Issuers' 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 Issuer’s or any other person’s compliance with any of the covenants under the Indenture, to determine whether the Issuer posts reports, information or documents on the SEC’s website (including via the ▇▇▇▇▇ filing system), the Issuer’s (or Parent Guarantor’s) website or otherwise, to collect any such information from the SEC’s website (including via the ▇▇▇▇▇ filing system), the Issuer’s (or Parent Guarantor’s) website or otherwise, or to review or analyze reports delivered to it to ensure compliance with the provisions of 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) Whether or not required by the CommissionSEC, so long as any Notes are outstanding, the Issuers shall furnish to the Holders and the Trusteeof Notes, within the time periods specified in the Commission's SEC’s rules and regulations: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K if the Issuers were required to file such forms, including a “Management's ’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 of its independent public accountants; and (2) all current reports that would be required to be filed with the Commission SEC on Form 8-K if the Issuers were required to file such reports. If . (b) While (a) any Parent of the Company has designated any that guarantees the Notes is subject to the reporting obligations of Section 13 or 15(d) of the Exchange Act (including pursuant to the terms of its Indebtedness), (b) the rules and regulations of the SEC permit the Company and any such Parent to report at the level of such Parent on a consolidated basis and (c) such Parent is not engaged in any business in any material respect other than incidental to its direct or indirect ownership of the Capital Stock of the Company, such consolidated reporting at such Parent level in a manner consistent with that described in this Section 4.03 for the Company shall satisfy this Section 4.03; provided that such Parent includes in its reports information about the Company that is required to be provided by a parent guaranteeing debt of an operating company subsidiary pursuant to Rule 3-10 of Regulation S-X or any successor rule then in effect. For any fiscal quarter or fiscal year at the end of which Subsidiaries as of the Company are Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto, and in Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, 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 In addition, after consummation of the contrary set forth aboveRegistered Exchange Offer for the Initial Notes, for so long as the Issuers are direct whether 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 (including any consolidating financial information not required by Regulation S-X relating to the Issuers)SEC, the Issuers shall be deemed file a copy of all of the information and reports referred to be in compliance clauses (1) and (2) above with the provisions of this Section 4.03. Delivery of SEC for public availability within the time periods specified in the SEC’s rules and regulations, unless the SEC will not accept such reportsa filing, and make such information available to securities analysts and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates)prospective investors upon request.

Reports. Whether or not required by the CommissionSEC, so long as any Notes are outstanding, the Issuers Company shall furnish to the Holders and the Trusteeof Notes, within five days of filing such reports with the time periods specified in the Commission's rules and regulationsSEC: (1i) all quarterly and annual financial information that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K if the Issuers Company were required to file such formsForms, including a “"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 by the Company by its Company's certified independent public accountants; and (2ii) all current reports that would be required to be filed with the Commission SEC on Form 8-K if the Issuers Company were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, 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, 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 In addition, following consummation of the Exchange Offer, 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 contrary set forth aboveSEC 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. Moreover, the Company agrees, and any Guarantor shall agree, that, for so long as any Notes remain outstanding, it shall furnish to the Issuers are direct or indirect wholly-owned Subsidiaries of CCI, if CCI has furnished Holders and filed electronically with 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. Reports and Exchange Commission, other filings made by DASI that include all of the reports described information referred to in the preceding paragraphs clauses (i) and (ii) above with respect to CCI (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers DASI and its consolidated subsidiaries shall be deemed to be in compliance with satisfy the provisions obligations of this Section 4.03. Delivery the Company and/or the Guarantors set forth above as long as such reports and filings include the information required by the staff of such reports, information and documents to the Trustee is for informational purposes only and SEC under its interpretations of SAB 53; provided that DASI does not have any business operations other than those conducted through the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates)Company.

Reports. Whether or not required by the Commission, so long as any Notes are outstanding, the Issuers and the Guarantor shall furnish to the Holders and the Trusteeof Notes, within the time periods specified in the Commission's rules and regulations: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Issuers and the Guarantor were required to file such formsForms, including a “"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 by the Company by its Issuers' certified independent public accountants and the Guarantor's certified independent accountants; and (2) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuers or the Guarantor were required to file such reports. If the Company Issuers or the Guarantor has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, 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, 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. Notwithstanding anything to Issuers or the contrary set forth aboveGuarantor, for so long as the Issuers are direct case may be. In addition, whether or indirect wholly-owned Subsidiaries of CCI, if CCI has furnished Holders and filed electronically with not required by the Securities and Exchange Commission, the Issuers and the Guarantor shall file a copy of all of the information and reports described referred to in clauses (1) and (2) above with the Commission for public availability within the time periods specified in the preceding paragraphs with respect Commission's rules and regulations (unless the Commission will not accept such a filing) and make such information available to CCI (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information securities analysts and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates)prospective investors upon request.

Reports. Whether or not required by the Commission, so long as any Notes are outstanding, the Issuers shall furnish to Holders and the Trustee, within the time periods specified in the Commission's rules and regulations: (1) all quarterly and annual financial information that would be The filings required to be contained in a filing made by NCNG since January 1, 1996 under NYSE rules, the Securities Act, the Exchange Act, the Power Act, and applicable North Carolina laws and regulations, have been filed with the Commission on Forms 10-Q NYSE and 10-K if the Issuers were required to file such formseach applicable Governmental Authority, including a “Management's Discussion the SEC, FERC and Analysis the NCUC, and NCNG has complied in all material respects with all requirements of Financial Condition such acts, laws and Results of Operations” section and, with respect rules and regulations thereunder except to the annual information onlyextent any such failure to comply would not, individually or in the aggregate, have a report Material Adverse Effect on NCNG. As of their respective dates, none of the annual consolidated NCNG SEC Reports, including without limitation any financial statements or schedules included therein, contained any untrue statement of the Company by its independent public accountants; and (2) all current reports that would be a material fact or omitted to state a material fact required to be filed with stated therein or necessary in order to make the Commission on Form 8-K if statements therein not misleading in light of the Issuers circumstances under which they were required to file such reportsmade. If Each of the Company has designated any balance sheets (including the related notes and schedules) included in the NCNG SEC Reports fairly presented in all material respects the consolidated financial position of NCNG and its Subsidiaries as Unrestricted Subsidiariesof the respective dates thereof, then and the quarterly other related financial statements (including the related notes and annual financial information required by schedules) included therein fairly presented in all material respects the preceding paragraph shall include a reasonably detailed presentation, either on results of operations and cash flows of NCNG and its Subsidiaries for the face respective fiscal periods or as of the respective dates set forth therein. Each of the financial statements or (including the related notes and schedules) included in the footnotes theretoNCNG SEC Reports (i) complied in all material respects as to form with the applicable accounting requirements and rules and regulations of the SEC, and (ii) was prepared in Management's Discussion accordance with GAAP consistently applied during the periods presented, except as otherwise noted therein and Analysis subject to normal year-end and audit adjustments in the case of Financial Condition and Results of Operationsany unaudited interim financial statements. Except for NCNG, none 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 NCNG Companies is required to the contrary set forth abovefile any forms, for so long as the Issuers are direct reports or indirect wholly-owned Subsidiaries of CCI, if CCI has furnished Holders and filed electronically other documents with the Securities and Exchange CommissionSEC, the reports described in the preceding paragraphs NYSE or any other foreign or domestic securities exchange or Governmental Authority with respect to CCI (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates)jurisdiction over securities laws.

Reports. (a) Whether or not required by the Commissionrules and regulations of the SEC, so long as any Notes are outstanding, the Issuers shall Company will furnish to Holders the Trustee and the Trustee, Holders of Notes or cause the Trustee to furnish to the Holders of Notes (or file with the SEC for public availability) within the time periods specified in the Commission's SEC’s rules and regulations:regulations (giving effect to applicable grace periods): (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K if the Issuers Company were required to file such formsForms, including a “Management's ’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 by the Company by its Company’s independent registered public accountants; and (2) all current reports that would be required to be filed with the Commission SEC on Form 8-K if the Issuers Company were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted SubsidiariesIn addition, then the quarterly and annual financial information whether or not required by the preceding paragraph shall include a reasonably detailed presentation, either on the face rules and regulations of the financial statements or 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 within the time periods specified in the footnotes theretoSEC’s rules and regulations (giving effect to applicable grace periods), unless the SEC will not accept such a filing, and in Management's Discussion make such information available to securities analysts and Analysis of Financial Condition and Results of Operations, of the financial condition and results of operations of the prospective investors upon request. 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 will at all times comply with the Securities and Exchange Commission, the reports described in the preceding paragraphs with respect to CCI (including any consolidating financial information required by Regulation S-X relating to the IssuersTIA Section 314(a), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's ’s receipt of such shall will not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively 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 that are applicable to a non-accelerated filer unless the SEC will not accept such a filing. The Company agrees that it will not take any action for the purpose of causing the SEC not to accept any such filings. If, notwithstanding the foregoing, the SEC will not accept the Company’s filings for any reason, the Company will post the reports referred to 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. (d) At any time when the Company is no longer subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, none of such reports will be required to (i) comply with Section 302, 404 and 906 of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002, or related Items 307 and 308 of Regulation S-K promulgated by the SEC, or Item 10(e) of Regulation S-K (with respect to any non-GAAP financial measures contained therein), (ii) contain the information required by Items 201, 402, 403, 405, 406, 407, 701 or 703 of Regulation S-K, (iii) contain the separate financial information contemplated by Rules 3-10, 3-16, 13-01 or 13-02 of Regulation S-X promulgated by the SEC (or any successor rules) and (iv) provide financial statements in interactive data format using the eXtensible Business Reporting Language.

Reports. (a) Whether or not required by the Commissionrules and regulations of the SEC, so long as any Notes are outstanding, the Issuers shall Authority will file a copy of each of the following reports with the SEC for public availability (unless the SEC will not accept such a filing, in which case the Authority will otherwise publicly post such reports) and will furnish to Holders each Purchaser and each holder of a Note that is an Institutional Investor (which may be deemed to be made by electronic transmission via the TrusteeSEC’s ▇▇▇▇▇ system or any successor system thereto, subject to the proviso at the end of Section 8.3), within 15 days after the end of the time periods specified in the Commission's SEC’s rules and regulationsregulations for filings of current, quarterly and annual reports: (1i) all quarterly and annual reports, including financial information information, that would be required to be contained in a filing with the Commission SEC on Forms 10-Q (the “Form 10-Q”) and 10-K (the “Form 10-K”) if the Issuers Authority were required to file such forms, including a “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations” section and, with respect to that describes the annual information only, a report on the annual consolidated financial statements condition and results of operations of the Company by Authority and its independent public accountants; and consolidated subsidiaries (2) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentationshowing in reasonable detail, either on the face of the consolidated financial statements or in the footnotes thereto, thereto and in Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, of the financial condition and results of operations of the Company Authority and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. Notwithstanding anything Authority, to the contrary set forth aboveextent that would be required by the rules, for so long as regulations or interpretive positions of the Issuers are direct or indirect wholly-owned Subsidiaries of CCISEC) and, 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 the annual information only, a report thereon by the Authority’s independent registered public accounting firm; and (including ii) all current reports that would be required to be filed with the SEC on Form 8-K if the Authority were required to file such reports. (b) So long as any consolidating financial Notes remain outstanding, if, at any time the Authority is no longer subject to Section 13 or 15(d) of the Exchange Act, the Authority will furnish to the Purchaser and each holder of a Note and to securities analysts and prospective purchasers of the Notes, upon their request, the information required by Regulation S-X relating to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. (c) The Authority shall provide to the Issuers), the Issuers shall Purchasers and each holder of a Note (which may be deemed to be in compliance made by electronic transmission via the SEC’s ▇▇▇▇▇ system or any successor system thereto), within 15 days after it files them with the provisions NIGC, copies of this Section 4.03. Delivery all reports which the Authority is required to file with the NIGC pursuant to 25 C.F.R. Part 514. (d) The Authority shall, so long as any of such reportsthe Notes are outstanding, information deliver to each Purchaser and documents to the Trustee each holder of a Note that is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice an Institutional Investor, forthwith upon any Responsible Officer becoming aware of any information contained therein Default or determinable from information contained thereinEvent of Default, including an Officers’ Certificate specifying such Default or Event of Default and what action the Issuers' compliance Authority is taking or proposes to take with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates)respect thereto.

Reports. (a) Whether or not required by the CommissionSEC, so long as any Notes are outstanding, the Issuers shall Company will furnish to the Trustee and to the Holders and the Trusteeof Notes, within the time periods specified in the Commission's SEC’s rules and regulations including any extension periods available under such rules and regulations and excluding any requirement and time periods applicable to “accelerated filers” (as defined in Rule 12b-2 under the Exchange Act) under such rules and regulations, and make available to securities analysts and potential investors upon request: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K if the Issuers Company were required to file such formsForms, including a “Narrative Analysis of Results of Operations” or “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations,” section as applicable, and, with respect to the annual information only, a report on the annual consolidated financial statements of by the Company by its Company’s certified independent public accountants; and (2) all current reports that would be required to be filed with the Commission SEC on Form 8-K if the Issuers Company were required to file such reports. Notwithstanding the foregoing, the Company will not be required to furnish any information or reports that are separate from information or reports furnished by Huntsman Corporation, and the requirements specified in this Section 4.03 will be deemed to be satisfied upon Huntsman Corporation’s filing of its required reports with the SEC; provided that the consolidated assets, liabilities, revenues and net income of Huntsman Corporation are substantially similar to those of the Company at the time of such filing. (b) If the Company has designated as an Unrestricted Subsidiary any of its Subsidiaries as Unrestricted Subsidiariesthat would constitute a Significant Subsidiary, then the quarterly and annual financial information required by the preceding paragraph shall Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes or schedules thereto, and or in Narrative Analysis of Results of Operations or Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, as applicable, 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 any such Unrestricted Subsidiaries of the Company. Notwithstanding anything to . (c) In the contrary set forth above, for so long as the Issuers are event that any direct or indirect wholly-owned Subsidiaries parent company of CCI, if CCI has furnished Holders and filed electronically with the Securities and Exchange CommissionCompany is or becomes a Guarantor of the Notes, the reports described in Company may satisfy the preceding paragraphs requirements of this Section 4.03 with respect to CCI (including any consolidating financial information required relating to the Company by furnishing financial information relating to such direct or indirect parent company as provided in Section 3-10 of Regulation S-X relating under the Exchange Act. (d) For so long as any Notes remain outstanding, if at any time they are not required to file with the IssuersSEC the reports required by Sections 4.03(a) and (b), the Issuers shall be deemed Company and the Guarantors will furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be in compliance with delivered pursuant to Rule 144A(d)(4) under the provisions of this Section 4.03. Securities Act. (e) Delivery of such reports, information the reports and documents described above to the Trustee is for informational purposes only only, and the Trustee's ’s receipt of such reports and documents shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' Issuer’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to conclusively rely exclusively on an Officers' Certificates’ Certificate). (f) For purposes of this Section 4.03, the Company will be deemed to have furnished such reports referred to above to the Trustee and the Holders it has filed such reports with the SEC via the ▇▇▇▇▇ filing system and such reports are publicly available; provided, however, that the Trustee shall have no obligation to determine whether or not the Company shall have made such filings.

Reports. Whether or not All documents required to be filed as exhibits to the Company SEC Documents have been so filed. All Company SEC Documents were filed as and when required by the CommissionExchange Act or the Securities Act, so long as any Notes are outstandingapplicable. The Company SEC Documents include all statements, the Issuers shall furnish to Holders reports and the Trustee, within the time periods specified in the Commission's rules and regulations: (1) all quarterly and annual financial information that would be documents required to be contained filed by the Company pursuant to the Exchange Act and the Securities Act. As of their respective filing dates, the Company SEC Documents complied in a filing all material respects with the Commission on Forms 10-Q requirements of the Exchange Act and 10-K if the Issuers were Securities Act, as applicable, and none of the Company SEC Documents, as of their respective filing dates, contained any untrue statement of a material fact or omitted to state a material fact required to file such formsbe stated therein or necessary to make the statements made therein, including a “Management's Discussion and Analysis in light of Financial Condition and Results of Operations” section andthe circumstances in which they were made, with respect not misleading, except to the annual information only, extent corrected by a report on the annual consolidated subsequently filed Company SEC Document. The financial statements of the Company and its Subsidiaries, including the notes thereto, included in the Company SEC Documents (the "COMPANY FINANCIAL STATEMENTS"), complied in all material respects with applicable accounting requirements and with the published rules and regulations of the SEC with respect thereto as of their respective dates (except as may be indicated in the notes thereto or, in the case of unaudited statements included in Quarterly Reports on Form 10-Q, as permitted by Form 10-Q of the SEC). The Company Financial Statements fairly present the consolidated financial condition, operating results and cash flows of the Company and its independent public accountants; and Subsidiaries at the dates and during the periods indicated therein in accordance with GAAP consistently applied (2subject, in the case of unaudited statements, to normal, recurring year-end adjustments and additional footnote disclosures). There has been no material change in the Company's accounting policies except as described in the notes to the Company Financial Statements. At all times since November 12, 1999, the Company has (i) filed as and when due all current reports that would be documents required to be filed with the Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes theretoNASDAQ, and in Management's Discussion and Analysis of Financial Condition and Results of Operations, 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 (ii) otherwise timely performed all of the Company. Notwithstanding anything 's obligations pursuant to the contrary set forth above, for so long as the Issuers are direct or indirect wholly-owned Subsidiaries rules and regulations 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 (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates)NASDAQ.

Reports. (a) Whether or not required by the rules and regulations of the Commission, so long as any Notes are outstanding, the Issuers shall Company will furnish to Holders and Holders, or cause the TrusteeTrustee to furnish to the Holders, within or file with the time periods specified in the Commission's rules and regulations: (1) Commission for public availability all quarterly and annual financial information that would be required to be contained in a filing filed with the Commission on Forms 10-Q and 10-K if the Issuers Company were required to file such formsreports, including a “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 independent auditors, which financial information shall be filed within 15 days after the time period for such reports specified in the Commission’s rules and regulations, including any grace period provided therefor; provided, however, that, if the last day of any such time period is not a Business Day, such information will be due on the annual consolidated financial statements next succeeding Business Day. All such information will be prepared in all material respects in accordance with all of the Company by its independent public accountants; andrules and regulations of the Commission applicable to such information. (2b) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries (other than Unrestricted Subsidiaries that, when taken together with all other Unrestricted Subsidiaries, would not be a Significant Subsidiary), then the quarterly and annual financial information required by the preceding paragraph shall (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, and or in Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, 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 Subsidiaries. (c) This Section 4.03 will not impose any duty on the Company under the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the Company. Notwithstanding anything to the contrary set forth above, for related Commission rules that would not otherwise be applicable. (d) For so long as any of the Issuers are direct Notes remain outstanding and constitute “restricted securities” under Rule 144 and the Company is not subject to Section 13 or indirect wholly-owned Subsidiaries 15(d) of CCIthe Exchange Act, if CCI has furnished the Company will furnish to the Holders of the Notes and filed electronically with to prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities and Exchange Commission, the reports described in the preceding paragraphs with respect to CCI Act. (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall e) The Company will be deemed to be have furnished to the Holders and to prospective investors the information referred to in compliance with the provisions paragraph (a) of this Section 4.034.03 or the information referred to in paragraph (d) 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. Delivery For purposes of this Indenture, the term “Company Website” means the collection of web pages that may be accessed on the World Wide Web using the URL address h▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or such reports, information and documents other address as the 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 constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates).

Reports. (a) Whether or not required by the Commissionrules and regulations of the SEC, so long as any Notes are outstanding, the Issuers shall Company will furnish to the Holders and of Notes or cause the TrusteeTrustee to furnish to the Holders of Notes (or file with the SEC for public availability), within the time periods specified in the Commission's SEC’s rules and regulationsregulations applicable to a non-accelerated filer, after giving effect to all applicable extensions and cure periods: (1) all quarterly and annual financial information reports that would be required to be contained in a filing filed with the Commission SEC on Forms 10-Q and 10-K if the Issuers Company were required to file such formsreports, including a “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations” section and, with respect to the annual information report only, a report on the annual Company’s consolidated financial statements of by the Company by its Company’s certified independent public accountants; and (2) all current reports that would be required to be filed with the Commission SEC on Form 8-K if the Issuers Company were required to file such reports. The availability of the foregoing reports on the SEC’s ▇▇▇▇▇ filing system will be deemed to satisfy the foregoing delivery requirements. (b) If the Company has designated any of its Subsidiaries as an Unrestricted Subsidiary and if any such Unrestricted Subsidiary or group of Unrestricted Subsidiaries, if taken together as one Subsidiary, would constitute a Significant Subsidiary of the Company, then the annual and quarterly and annual financial information required by the preceding paragraph Section 4.03(a)(1) shall include a reasonably detailed presentation, 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, 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 such Unrestricted Subsidiaries Subsidiaries. (c) Any and all Defaults or Events of the Company. Notwithstanding anything Default arising from a failure 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 furnish in the preceding paragraphs with respect to CCI (including a timely manner any consolidating financial information required by Regulation S-X relating to this Section 4.03 shall be deemed cured (and the Issuers), the Issuers 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 provisions 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. (d) 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 with respect to the financial information required to be furnished pursuant to Section 4.034.03(a)(1) 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. (e) 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 (and by which posting the Company shall be deemed to have furnished such the reports required by this Section 4.03 to such Persons), unless they are otherwise publicly filed with the SEC. (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 Issuers' 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 or obligation whatsoever 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 available on the SEC’s website via the ▇▇▇▇▇ filing system (or other successor system), the Company’s or other person’s website or otherwise, 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. Whether The Adviser agrees to furnish to the Subadviser current prospectuses, statements of additional information, proxy statements, reports of shareholders, certified copies of their financial statements (collectively, “Trust Reports”) as soon as practicable after such Trust Reports are available to the public, and such other information with regard to their affairs and that of the Trust as the Subadviser may reasonably request. Adviser will provide Subadviser access to a list of the affiliates of Adviser or the Portfolio(s) to which investment restrictions apply, which list will specifically identify (a) all companies in which the Portfolio(s) may not required invest, together with ticker symbols and/or CUSIP numbers for all such companies, and (b) any affiliated brokers and any restrictions that apply to the use of those brokers by the CommissionPortfolio(s). Adviser will notify Subadviser any time a change to such list is made. The Adviser has delivered or will deliver to the Subadviser current copies of the Trust’s Prospectus and Statement of Additional Information, so long as any Notes are outstanding, the Issuers shall and all applicable supplements thereto. The Subadviser agrees to furnish to Holders the Adviser and/or the Chief Compliance Officer of the Trust and/or the Adviser (the “CCO”) with such information, certifications and reports as such persons may reasonably deem appropriate or may request from the Subadviser regarding the Subadviser’s and the TrusteeSubadviser Affiliates’ compliance with applicable law, within including: (i) Rule 206(4)-7 of the time periods specified Advisers Act; (ii) the Federal Securities Laws, as defined in Rule 38a-1 under the Commission's Act; (iii) the Commodity Exchange Act; and (iv) any and all other laws, rules and regulations: (1) all quarterly and annual financial information that would be required , whether foreign or domestic, in each case, applicable at any time to be contained in a filing with the Commission on Forms 10-Q and 10-K if operations of the Issuers were required to file such forms, including a “Management's Discussion and Analysis of Financial Condition and Results of Operations” section and, Subadviser 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 Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated any provision of its Subsidiaries as Unrestricted Subsidiariesservices under this Agreement. The Subadviser shall make its officers and employees (including its CCO) who are responsible for the Portfolio available, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, 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, 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 upon reasonable notice to the contrary set forth aboveSubadviser, 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 (including any consolidating financial information required by Regulation S-X relating to the Issuers), Adviser and/or the Issuers shall be deemed CCO from time to be in compliance with time to examine and review the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only Subadviser’s and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' Subadviser Affiliates’ compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates)program and adherence thereto.

Reports. Whether (a) Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or not required by 15(d) of the CommissionExchange Act, so long as any Notes are outstanding, the Issuers shall furnish to Holders and Company will file with the Trustee, Commission (unless the Commission will not accept such a filing) for public availability within the time periods period specified (after giving effect to all applicable grace periods) in the Commission's ’s rules and regulationsregulations under the Exchange Act and, within 10 Business Days of filing the same with the Commission, furnish to the Trustee and, upon its request, to any of the Holders: (1) all quarterly and annual financial and other information with respect to the Company and its Subsidiaries that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Issuers Company were required to file such forms, including a “Management's ’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 by the Company Company’s certified independent accountants and summary data relating to proved reserves required by its independent public accountantsthe Commission’s rules; and (2) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuers Company were required to file such reports. The Company’s filing of any such information, document or report with the Commission pursuant to its Electronic Data Gathering, Analysis and Retrieval (or “▇▇▇▇▇”) system or any successor thereto shall satisfy the reporting obligations described above. The Company shall at all times comply with TIA § 314(a). (b) If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph Section 4.03(a) shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto, to the financial statements and in Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, 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 . (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. c) Delivery of such reportsinformation, information documents and documents reports to the Trustee is for informational purposes 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 Issuers' Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' ’ Certificates).

Reports. Whether or not required by the CommissionSEC, so long as any Notes are outstanding, the Issuers shall furnish Company will furnish, or cause the Trustee to furnish, to the Holders and the Trusteeof Notes, within the time periods (except as otherwise noted below) specified in the CommissionSEC's rules and regulations: (1a) all quarterly and annual financial information that would be required to be contained in a filing with the Commission SEC on Forms 1020-Q and 10F or 40-K if F, as applicable (or any successor forms), containing the Issuers were 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 file such formsbe 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 has any of its securities so listed, in each case including a “"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 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 Commission SEC on Form 8-K if the Issuers Company were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then then, to the extent such Unrestricted Subsidiaries in the aggregate accounted for more than 10% of Consolidated Cash Flow or the consolidated total assets of the Company and its Restricted Subsidiaries for or as of the end of the reporting period, the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, 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, 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 of the Company. Notwithstanding anything information and reports referred 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 in clauses (1) and filed electronically with the Securities and Exchange Commission, the reports described in the preceding paragraphs with respect to CCI (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions 2) of this Section 4.03. Delivery of 4.03 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 reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificatesa filing).

Reports. (a) Whether or not required by the Commissionrules and regulations of the SEC, so long as any Notes are outstanding, the Issuers shall Issuer will furnish to the Holders and of Notes (or file with the TrusteeSEC for public availability), within the time periods specified in the Commission's SEC’s rules and regulationsregulations applicable to a non-accelerated filer, after giving effect to all applicable extensions and cure periods: (1) all quarterly and annual financial information reports that would be required to be contained in a filing filed with the Commission SEC on Forms 10-Q and 10-K if the Issuers Issuer were required to file such formsreports, including a “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations” section and, with respect to the annual information report only, a report on the annual Issuer’s consolidated financial statements of by the Company by its Issuer’s certified independent public accountants; and (2) all current reports that would be required to be filed with the Commission SEC on Form 8-K if the Issuers Issuer were required to file such reports. The availability of the foregoing reports on the SEC’s ▇▇▇▇▇ filing system will be deemed to satisfy the foregoing delivery requirements. (b) If the Company Issuer has designated as an Unrestricted Subsidiary any of its Subsidiaries as that is a Significant Subsidiary (or that, taken together with other Unrestricted Subsidiaries, would be a Significant Subsidiary), then the quarterly and annual financial information required by Section 4.03(a) will include (a) the preceding paragraph shall include aggregate amount of total property, plant and equipment, net, total operating revenues and net income represented by such Unrestricted Subsidiaries and (b) to the extent material, a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto, and in “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, ,” of the financial condition and results of operations of the Company Issuer and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. Notwithstanding anything to Issuer. (c) In the contrary set forth above, for so long as the Issuers are event that any direct or indirect wholly-owned Subsidiaries parent company of CCI, if CCI has furnished Holders and filed electronically with the Securities and Exchange CommissionIssuer becomes a guarantor of the Notes, the reports described in the preceding paragraphs Issuer may satisfy its obligations under this Section 4.03 with respect to CCI financial and other information relating to the Issuer by furnishing corresponding information relating to such parent company; provided that the same includes a reasonable summary of the differences between the information relating to such parent, on the one hand, and the information relating to the Issuer and its Restricted Subsidiaries on a standalone basis, on the other hand. (including any consolidating financial d) Any and all Defaults or Events of Default arising from a failure to furnish or file in a timely manner a report or information required by Regulation S-X relating to this Section 4.03 shall be deemed cured (and the Issuers), the Issuers Issuer shall be deemed to be in compliance with this Section 4.03) upon furnishing or filing such report or information as contemplated by this Section 4.03 (but without regard to the provisions date on which such report or information is so furnished or filed); provided that such cure shall not otherwise affect the rights of the Holders under Article 6 if the principal, interest and premium, if any, 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) For so long as any Notes remain outstanding, the Issuer will furnish to the Holders and Beneficial Owners of the Notes and to securities analysts and prospective investors in the Notes, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. (f) This Section 4.03 does not impose any duty on the Issuer under the Sarbanes Oxley Act of 2002, as amended, and the related SEC rules that would not otherwise be applicable. The Issuer will be deemed to have furnished to the Holders and Beneficial Owners of the Notes and to securities analysts and prospective investors the reports referred to in clauses (1) and (2) of Section 4.03(a) or the information referred to in Section 4.03(e) if the Issuer has posted such reports or information on the Issuer Website. For purposes of this Section 4.03. Delivery , the term “Issuer Website” means the collection of web pages that may be accessed on the World Wide Web using the URL address ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇ or such reports, information and documents other address as the Issuer may from time to the Trustee is time maintain for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates)public information.

Reports. (a) Whether or not required by the Commissionrules and regulations of the SEC, so long as any Notes are outstanding, the Issuers shall Company will furnish to Holders the Trustee and the Trustee, Holders of Notes or cause the Trustee to furnish to the Holders of Notes (or file with the SEC for public availability) within the time periods specified in the Commission's SEC’s rules and regulations: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K if the Issuers Company were required to file such formsForms, including a “Management's ’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 by the Company by its Company’s independent registered public accountants; and (2) all current reports that would be required to be filed with the Commission SEC on Form 8-K if the Issuers Company were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted SubsidiariesIn addition, then the quarterly and annual financial information whether or not required by the preceding paragraph shall include a reasonably detailed presentation, either on the face rules and regulations of the financial statements or 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 within the time periods specified in the footnotes theretoSEC’s rules and regulations, unless the SEC will not accept such a filing, and in Management's Discussion make such information available to securities analysts and Analysis of Financial Condition and Results of Operations, of the financial condition and results of operations of the prospective investors upon request. 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 will at all times comply with the Securities and Exchange Commission, the reports described in the preceding paragraphs with respect to CCI (including any consolidating financial information required by Regulation S-X relating to the IssuersTIA Section 314(a), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's ’s receipt of such shall will not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively 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.

Reports. Whether or not required by the Commission, so long as any Notes are outstanding, the Issuers shall furnish to Holders and the Trustee, within the time periods specified in the Commission's ’s rules and regulations: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Issuers were required to file such forms, including a “Management's ’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 Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, 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, 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 CCIany Parent (or other Person which, directly or indirectly, owns 100% of the outstanding common equity interests of the Issuers), if CCI such Parent (or other Person which, directly or indirectly, owns 100% of the outstanding common equity interests of the Issuers) has provided a guarantee with respect to the Notes and has furnished Holders and filed electronically with the Securities and Exchange Commission, the reports described in the preceding paragraphs with respect to CCI such Parent (or other Person which, directly or indirectly, owns 100% of the outstanding common equity interests of the Issuers) (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates).

Reports. (a) Whether or not required by the Commissionrules and regulations of the SEC, so long as any Notes are outstanding, the Issuers shall Company will furnish to Holders the Trustee and the Trustee, Holders of Notes or cause the Trustee to furnish to the Holders of Notes (or file with the SEC for public availability) within the time periods specified in the Commission's SEC’s rules and regulations:regulations (giving effect to applicable grace periods): (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K if the Issuers Company were required to file such formsForms, including a “Management's ’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 by the Company by its Company’s independent registered public accountants; and (2) all current reports that would be required to be filed with the Commission SEC on Form 8-K if the Issuers Company were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted SubsidiariesIn addition, then the quarterly and annual financial information whether or not required by the preceding paragraph shall include a reasonably detailed presentation, either on the face rules and regulations of the financial statements or 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 within the time periods specified in the footnotes theretoSEC’s rules and regulations (giving effect to applicable grace periods), unless the SEC will not accept such a filing, and in Management's Discussion make such information available to securities analysts and Analysis of Financial Condition and Results of Operations, of the financial condition and results of operations of the prospective investors upon request. 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 will at all times comply with the Securities and Exchange Commission, the reports described in the preceding paragraphs with respect to CCI (including any consolidating financial information required by Regulation S-X relating to the IssuersTIA Section 314(a), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's ’s receipt of such shall will not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively 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 that are applicable to a non-accelerated filer unless the SEC will not accept such a filing. The Company agrees that it will not take any action for the purpose of causing the SEC not to accept any such filings. If, notwithstanding the foregoing, the SEC will not accept the Company’s filings for any reason, the Company will post the reports referred to 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. (d) At any time when the Company is no longer subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, none of such reports will be required to (i) comply with Section 302, 404 and 906 of the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002, or related Items 307 and 308 of Regulation S-K promulgated by the SEC, or Item 10(e) of Regulation S-K (with respect to any non-GAAP financial measures contained therein), (ii) contain the information required by Items 201, 402, 403, 405, 406, 407, 701 or 703 of Regulation S-K, (iii) contain the separate financial information contemplated by Rules 3-10, 3-16, 13-01 or 13-02 of Regulation S-X promulgated by the SEC (or any successor rules) and (iv) provide financial statements in interactive data format using the eXtensible Business Reporting Language.

Reports. Whether (a) The Company shall deliver to the Trustee and mail to each Holder, within 15 days after the filing of the same with the SEC, copies of its annual report and of the information, documents and other reports, if any, which the Company is required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act. The Company shall also comply with the other provisions of TIA § 314(a). (b) If the Company is not required by subject to the Commission, so long as any Notes are outstandingrequirements of such Section 13 or 15(d) of the Exchange Act, the Issuers Company shall furnish file with the SEC, to Holders the extent permitted, and distribute to the Trustee, within Trustee and to each Holder copies of the time periods specified in the Commission's rules and regulations: (1) all quarterly and annual financial information and current reports on Form 8-K that would be have been required to be contained in a filing filed with the Commission on Forms 10-Q and 10-K if SEC pursuant to the Issuers were required Exchange Act had the Company been subject to file the reporting requirements of Section 13 or 15(d) of the Exchange Act. All such forms, financial information shall include consolidated financial statements (including footnotes) prepared in accordance with GAAP. Such annual financial information shall also include an opinion thereon expressed by an independent accounting firm of established national reputation. All such consolidated financial statements shall be accompanied by a “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations.” section and, with respect to the annual The financial information only, a report on the annual consolidated financial statements of the Company by its independent public accountants; and (2) all and current reports that would to be required distributed to Holders pursuant to this Section 4.7 shall be filed with the Commission on Form 8-K if Trustee and mailed to the Issuers were required to file such reports. If Holders at their respective addresses appearing in the Company has designated any register of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required Notes maintained by the preceding paragraph shall include a reasonably detailed presentationRegistrar, either on within the face of the financial statements or time periods specified in the footnotes theretoSEC’s rules and regulations. (c) The Company shall deliver to the Trustee and mail to each Holder, within the applicable time periods provided in the Senior Subordinated Credit Agreement, all information and in Management's Discussion and Analysis of Financial Condition and Results of Operationsreports which the lenders under the Senior Subordinated Credit Agreement are entitled to receive from ▇▇▇▇▇▇ Holdings, 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 ’s Subsidiaries, as the case may be, in each case 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 extent not already provided under clauses (a) and filed electronically with the Securities and Exchange Commission, the reports described in the preceding paragraphs with respect to CCI (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions b) of this Section 4.03. 4.7. (d) Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's ’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to conclusively rely exclusively on an Officers' ’ Certificates).

Reports. (a) Whether or not required by the Commissionrules and regulations of the SEC, so long as any Notes are outstanding, the Issuers Trust shall furnish to the Holders and the Trusteeof Notes, within fifteen days after the time periods specified in the CommissionSEC's rules rule and regulations: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K if the Issuers Trust were required to file such forms, including a “"Management's Discussion and Analysis of Financial Condition and Results of Operations” section " and, with respect to the annual information only, a report on thereon by the annual consolidated financial statements of the Company by its Trust's certified independent public accountants; and (2) all current reports that would be required to be filed with the Commission SEC on Form 8-K if the Issuers Trust were required to file such reports. In addition, following consummation of the Exchange Offer, whether or not required by the rules and regulations of the SEC, the Trust 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 shall not accept such a filing) and make such information available to securities analysts and prospective investors upon request. The Trust shall at all times comply with TIA ss. 314(a). (b) For so long as any Notes remain outstanding, the Trust and the Guarantors shall 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. If the Company Trust has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, 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, of the financial condition and results of operations of the Company Trust 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 (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates)Trust.

Reports. (a) Whether or not required by the Commissionrules and regulations of the SEC, so long as any Notes are outstanding, the Issuers shall furnish to Holders the Trustee and the Trustee, within the time periods specified in the Commission's rules and regulations: Holders of Notes (1i) all quarterly and annual financial information that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-10- K if the Issuers were required to file such formsForms, including a “"Management's Discussion and Analysis of Financial Condition and Results of Operations” section and, with respect to " that describes the annual information only, a report on the annual consolidated financial statements condition and results of operations of the Company by its independent public accountants; and Issuers and their consolidated Subsidiaries (2) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentationshowing 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, of the financial condition and results of operations of the Company Issuers and its their Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. Notwithstanding anything Issuers) and, with respect to the contrary set forth aboveannual information only, for a report thereon by the Issuers' certified independent accountants and (ii) all current reports that would be required to be filed with the SEC on Form 8-K if the Issuers were required to file such reports, in each case within the time periods specified in the SEC's rules and regulations. For so long as the Issuers are direct or indirect wholly-owned Subsidiaries Parent is a Guarantor 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 (including any consolidating financial information required by Regulation S-X relating to the Issuers)Notes, the Issuers shall be deemed satisfy their obligations in this covenant with respect to financial information relating to the Issuers by furnishing financial information relating to the Parent; provided that the same is accompanied by consolidating information that explains in reasonable detail the differences between the information relating to the Parent, on the one hand, and the information relating to the Issuers and their Restricted Subsidiaries on a stand-alone basis, on the other hand. In addition, following the consummation of the exchange offer contemplated by the Registration Rights Agreement, whether or not required by the rules and regulations of the SEC, the Issuers 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. (b) For so long as any Notes remain outstanding, the Issuers and the Guarantors shall furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be in compliance with delivered pursuant to Rule 144A(d)(4) under the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates)Securities Act.

Reports. Whether or not (a) Regardless of whether required by the Commissionrules and regulations of the SEC, so long as any Notes are outstanding, the Issuers shall furnish to Holders and Company will file with the Trustee, SEC (unless the SEC will not accept such a filing) within the time periods specified in the Commission's 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 financial information reports that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K if the Issuers Company were required to file such forms, including a “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations” section and, with respect to the annual information only, a report on thereon by the annual consolidated financial statements of the Company by its Company’s certified independent public accountants; and (2) all current reports that would be required to be filed with the Commission SEC on Form 8-K if the Issuers Company were required to file such reports. . (b) The Company will be deemed to have furnished such reports and information described above in Section 4.03(a) to the Holders of Notes (and the Trustee shall be deemed to have delivered such reports and information to the Holders of Notes) if the Company has filed such reports or information, respectively, with the SEC using the ▇▇▇▇▇ filing system (or any 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 available to Holders of Notes through internet access. (c) For the avoidance of doubt, (i) such information will not be required to contain the separate financial information for Guarantors as contemplated by Rule 3-10 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) 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 its Subsidiaries as Unrestricted Subsidiaries, then then, to the extent material, the quarterly and annual financial information required by the preceding paragraph shall Section 4.03(a) above will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto, and in Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, 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 Subsidiaries. (f) Any and all Defaults or Events of the Company. Notwithstanding anything Default arising from a failure 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 furnish in the preceding paragraphs with respect to CCI (including a timely manner any consolidating financial information required by Regulation S-X relating to this Section 4.03 shall be deemed cured (and the Issuers), the Issuers Company shall be deemed to be in compliance with this Section 4.03) upon furnishing such financial information as contemplated by this Section 4.03 (but without regard to the date on which such financial statement or report is so furnished); provided that such cure shall not otherwise affect the rights of the Holders under the provisions of Article 6 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. (g) The Company 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. 4.03(a), the Company and the Guarantors will furnish to the Holders of Notes 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. (h) Delivery of such reports, information and documents to the Trustee pursuant to this Section 4.03 is for informational purposes only only, and the Trustee's ’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on an Officers' Certificates’ Certificate).

Reports. Whether or not required The Operating Member shall, subject to any modifying instructions Approved by the CommissionBoard expanding or increasing such requirements, so long as any Notes are outstandingprepare, or cause Nevada JV to prepare, the Issuers shall furnish to Holders and following reports for the Trustee, within the time periods specified in the Commission's rules and regulationsBoard: (1i) all quarterly and annual financial information that would be required to be contained in a filing with monthly reports by the Commission on Forms 10-Q and 10-K if the Issuers were required to file such forms, including a “Management's Discussion and Analysis 10th day of Financial Condition and Results of Operations” section and, each month describing with respect to the annual information onlypreceding month the Operations performed by or under the direction of the Operating Member and the results of such Operations, including a detailed summary of all expenditures made during such calendar month and a comparison of such expenditures and all prior reported expenditures in reasonable detail to estimates set forth in the applicable Program and Budget; (ii) monthly reports within five Business Days after the end of each month describing with respect to the preceding month daily production statistics with a comparison of actual production to forecasted production during such month; (iii) monthly summaries by the 25th day of each month of new geological, geophysical, geochemical and ore reserve data acquired during the preceding month; (iv) copies of formal reports and studies concerning Operations obtained during the preceding month delivered within 15 Business Days after the end of such month; (v) a detailed final report within 90 days after completion of each Program and Budget, which shall include comparisons between actual and budgeted expenditures and comparisons between the objectives and results of Programs; (vi) no later than October 15 of each Calendar Year, a draft report on setting forth the Operating Member’s guidance for production and all-in sustaining costs (broken down by Nevada JV Mine); (vii) annual consolidated reports of mineral reserves and resources sufficient to comply with securities laws and the applicable rules of any stock exchange to which either Member or any of its Affiliates is subject with respect to its reporting and disclosure obligations of mineral resources and reserves, as well as any other technical information which may be reasonably requested by a Member to permit it to comply with the reporting and disclosure obligations of mineral reserves and resources of the Member or any of its Affiliates; (viii) within 15 Calendar Days of the end of each fiscal quarter, quarterly unaudited trial balances of Nevada JV; (ix) within 40 Business Days of the end of each Calendar Year, audited annual financial statements of the Company by its independent public accountantsNevada JV prepared in accordance with Generally Accepted Accounting Principles; and (2x) all current copies of such other reports that would be required to be filed with the Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated any as have been prepared in respect of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, 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, 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 Operations 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 (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates)Managers representing a Member may reasonably request.

Reports. Whether or not required by the CommissionSEC, so long as any Notes are outstanding, the Issuers Company shall furnish to the Holders of Notes and the Trustee, within the time periods specified in the CommissionSEC's rules and regulations: : (1i) all quarterly and annual financial information that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K if the Issuers Company were required to file such formsForms, including a “"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 by the Company by its Company's certified independent public accountants; and and (2ii) all current reports that would be required to be filed with the Commission SEC on Form 8-K if the Issuers Company were required to file such reports. In addition, following the consummation of the Exchange Offer contemplated by the Registration Rights Agreement, whether or not required by the SEC, the Company shall file a copy of all the information and reports referred to in clauses (i) and (ii) 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. In addition, the Company and the Subsidiary Guarantors have agreed that, for so long as any Notes remain outstanding, they shall 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. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, 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, 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 (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' Company's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates).

Reports. Whether or not required by the Commission, so long as any Notes are outstandingCompany is subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Issuers Company shall furnish file with the SEC and provide the Trustee and Holders with such annual and other reports as are specified in Sections 13 and 15(d) of the Exchange Act and applicable to Holders a U.S. corporation subject to such Sections, such reports to be so filed and the Trustee, provided within the time periods specified for the filings of such reports under such Sections and containing all the information, audit reports and exhibits required for such reports. If, at any time, the Company is not subject to the periodic reporting requirements of the Exchange Act for any reason, the Company shall nevertheless continue filing the reports specified in the Commission's rules preceding sentence with the SEC within the time periods required unless the SEC will not accept such a filing. The availability of the foregoing reports on the SEC’s ▇▇▇▇▇ service (or successor thereto) shall be deemed to satisfy the Company’s delivery obligations to the Trustee and regulations: (1) all quarterly and annual financial information the Holders. The Company agrees that it will not take any action for the purpose of causing the SEC not to accept such filings. If, notwithstanding the foregoing, the SEC will not accept such filings for any reason, the Company shall post the specified reports on its website within the time periods that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K apply if the Issuers Company were required to file such forms, including a “Management's Discussion and Analysis of Financial Condition and Results of Operations” section and, those reports with respect to the annual information only, a report on the annual consolidated financial statements SEC. At any time that any of the Company by its independent public accountants; and (2) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated any of its Company’s Subsidiaries as are Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto, and in “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, ,” 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 Company. Notwithstanding anything In addition, at any time when the Company is not subject to the contrary set forth abovereporting requirements of Section 13 or 15(d) of the Exchange Act, for the Company shall furnish to the Holders and to prospective investors, upon the requests of such Holders, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Issuers Securities are direct or indirect wholly-owned Subsidiaries of CCI, if CCI has furnished Holders and filed electronically with not freely transferable under the Securities and Exchange Commission, the reports described in the preceding paragraphs with respect to CCI (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates)Act.

Reports. Whether The Manager shall, at the Company’s expense, deliver, or not required by the Commissioncaused to be delivered, so long as any Notes are outstandingto each Member, the Issuers shall furnish to Holders following reports, information and consolidated financial statements for the TrusteeCompany and its consolidated subsidiaries, within at the time periods specified in the Commission's rules and regulationstimes indicated below: (1i) all quarterly Annually, within [***] days after the end of each Fiscal Year (and, for the avoidance of doubt, the first such Fiscal Year for which financial statements shall be delivered shall be the Fiscal Year ending December 31, 2020), unaudited consolidated financial statements for the Company and annual financial information that would be required to be contained in its consolidated subsidiaries prepared on a filing with GAAP basis effective as of the Commission on Forms 10end of the immediately-Q and 10-K if the Issuers were required to file such formspreceding year, including a “Management's Discussion consolidated balance sheet and Analysis consolidated statements of Financial Condition income, Members’ equity and Results changes in cash flows; (ii) Quarterly within [***] days after the end of Operations” section andeach Fiscal Quarter other than the fourth Fiscal Quarter, with respect to the annual information only, a report on the annual unaudited quarterly consolidated financial statements of the Company and its consolidated subsidiaries for the Fiscal Quarter and portion of the Fiscal Year then ended (including a balance sheet, income statement, statement of cash flows and statement of changes in Member’s capital schedule) all in reasonable detail and fairly presenting the consolidated financial position of the Company as of the end of such quarter, prepared on a GAAP basis, subject to lack of footnotes and normal year-end adjustment; (iii) Promptly following any request therefor, such other reports and information in the possession of the Manager as reasonably requested by its independent public accountantsthe Members and such other reports reasonably requested by and paid for by the requesting Member to the extent external costs are incurred with respect to the preparation of such reports; (iv) Promptly after such delivery, copies of all material reports or (without duplication of any other provisions of this Section 8.4) material notices delivered to or by the Company or the Pinnacle Project Company or any other subsidiary of the Company under any Transaction Document; (v) [***] reports detailing for the Company and the Pinnacle Project (i) total expenditures, including Company Reimbursable Expenses, incurred by the Company; (ii) the amount of loan funds remaining under the Repowering Construction Financing; (iii) the amount of Capital Contributions of each Member expended and projected to be required in the ensuing ninety (90) day period; and (iv) the total equity percentages held in the Company by each of the Members at that time and as are projected based upon the aforesaid projected Capital Contributions; and (2vi) all current reports that would be required to be filed with the Commission Within thirty (30) days after renewal, certificates of insurance evidencing fire, liabilities, workers’ compensation and other forms of insurance owned or held by or on Form 8-K if the Issuers were required to file such reports. If behalf of the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then or the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes theretoPinnacle Project Company, and in Management's Discussion and Analysis promptly following receipt, any notices of Financial Condition and Results nonpayment of Operationspremium, nonrenewal or cancellation; and (vii) [***], a copy of: (i) any amendment, modification, waiver or termination of any Transaction Documents; (ii) any new, or substitution or replacement of a Transaction Document; (iii) any new Contract between the financial condition and results of operations Company or the Pinnacle Project Company or any other subsidiary of the Company and its Restricted Subsidiaries separate from an Affiliate thereof and any amendment or modification of any existing Contract between the financial condition and results of operations Company or the Pinnacle Project Company or any other subsidiary of the Unrestricted Subsidiaries Company and an Affiliate thereof; and (iv) any new Contract having a term in excess of one year, or providing for payments by, or revenues to, the Company or the Pinnacle Project Company or any other subsidiary 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 (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates)Company [***].

Reports. Whether or not required by the Commission, so (a) So long as any Notes are outstanding, the Issuers Company shall furnish to Holders and the Trustee, within the time periods specified in the Commission's rules and regulations: (1) all quarterly and annual financial information that would be required to be contained in a filing with within ninety (90) days after the Commission on Forms 10-Q and 10-K if the Issuers were required to file such formsend of each fiscal year, including a “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 (A) audited financial statements of the Company by and its independent public accountantsSubsidiaries prepared in accordance with GAAP and (B) a presentation of Consolidated EBITDA of the Company and its Subsidiaries derived from such financial statements; and (2) all current reports that would within forty-five (45) days after the end of each of the first three fiscal quarters of each fiscal year, (A) unaudited quarterly financial statements of the Company and its Subsidiaries prepared in accordance with GAAP and (B) a presentation of Consolidated EBITDA of the Company and its Subsidiaries derived from such financial statements. Notwithstanding the foregoing, such financial statements (A) will not be required to be filed comply with Section 302 or Section 404 of the Commission on Form 8S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002, or related Items 307 and 308 of Regulation S-K if promulgated by the Issuers were SEC, or Item 10(e) of Regulation S-K (with respect to any non-GAAP financial measures contained therein) and (B) will not be required to file such reportscontain the separate financial information for Guarantors or Subsidiaries whose securities are pledged to secure the Notes contemplated by Rule 3-10 or Rule 3-16 of Regulation S-X promulgated by the SEC. If the Company has designated The availability of any of its the foregoing reports on the SEC’s E▇▇▇▇ filing system (or other successor electronic filing system) shall be deemed to satisfy the Company’s delivery obligations with respect thereto. (b) At any time that any of the Company’s Subsidiaries as are Unrestricted Subsidiaries and such Unrestricted Subsidiaries, either taken together or individually, constitute a Significant Subsidiary, then the quarterly and annual financial information required by paragraph (a) of this Section 4.03 will include (or the preceding paragraph shall include company will separately furnish to the Trustee) a reasonably detailed presentation, 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, presentation 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. (c) The Company shall either (1) maintain a website (which may be non-public and access to which may be made subject to an agreement or acknowledgement by such recipient that it will treat such information as confidential) to which Holders, prospective investors that certify that they are qualified institutional buyers and market makers (“Permitted Parties”) are given access and to which such information is posted or (2) file such information with the SEC. (d) For so long as any Notes are outstanding, the Company shall hold a conference call for Permitted Parties to discuss reports and the results of operations for each quarterly and annual reporting period within 15 Business Days after filing with the Trustee the applicable annual and quarterly information required pursuant to clauses (a)(1) and (a)(2) above. Notwithstanding anything The time and date of such conference call for a reporting period (and either all information necessary to access the call or the name and contact information of the person at the Company from whom Permitted Parties may obtain such information) shall be posted by the Company to the contrary set forth abovewebsite described in clause (c) above or filed with the SEC simultaneously with the posting or filing of the reports for such reporting period. (e) In addition, for the Company shall furnish to Holders, 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 Issuers Notes are direct or indirect wholly-owned Subsidiaries of CCI, if CCI has furnished Holders and filed electronically with not freely transferable under the Securities and Exchange Commission, the reports described in the preceding paragraphs with respect to CCI (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03Act. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's ’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' ’ Certificates).

Reports. (a) Whether or not required by the Commissionrules and regulations of the SEC, so long as any Notes are outstanding, the Issuers shall Company will furnish to the Holders and the Trusteeof Notes, within the time periods specified in the CommissionSEC's rules and regulations: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K if the Issuers Company were required to file such forms, including a “"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 by the Company by its Company's certified independent public accountants; and (2) all current reports that would be required to be filed with the Commission SEC on Form 8-K if the Issuers Company were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, 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, 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 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 contrary set forth above, 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). (b) For so long as any Notes remain outstanding, the Issuers are direct or indirect wholly-owned Subsidiaries of CCI, if CCI has furnished Company and the Guarantors will furnish to the Holders and filed electronically with to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities and Exchange Commission, the reports described in the preceding paragraphs with respect to CCI (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates)Act.

Reports. Whether or not required by the Commission(a) Since January 31, so long as any Notes are outstanding1994, the Issuers shall furnish to Holders Acquiror and the Trustee, within the time periods specified in the Commission's rules and regulations: its Subsidiaries have timely filed (1i) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Issuers were required to file such forms, including a “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 SEC Reports required to be filed with the Commission on Form 8-K if the Issuers were and (ii) all other Reports required to file such reports. If be filed with any other Governmental Authorities, including state securities (b) The Acquiror's Consolidated Financial Statements and any consolidated financial statements of the Company has designated 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 Unrestricted Subsidiariesof the respective dates thereof and the consolidated results of their operations and cash flows for the periods indicated (including, then in the quarterly case of any unaudited interim financial statements, reasonable estimates of normal and annual 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 reflected, reserved for or disclosed under GAAP in consolidated financial information required by statements of the preceding paragraph shall include a reasonably detailed presentation, either Acquiror (including the notes thereto) as of and for the period ended on the face date of this representation and warranty, other than (i) liabilities or obligations that are adequately reflected, reserved for or disclosed in the Acquiror's Consolidated Financial Statements, (ii) liabilities or obligations incurred in the ordinary course of business of the financial statements or in the footnotes theretoAcquiror and its Subsidiaries since November 1, 1997, and in Management's Discussion and Analysis (iii) liabilities or obligations the incurrence of Financial Condition and Results of Operations, 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 which 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 (including any consolidating financial information required not prohibited by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates)Subsection 6.2(b) hereof.

Reports. Whether or not required by the Commission, so So long as any Notes are outstanding, the Issuers shall Company will furnish to Holders and the Trusteeholders of Notes, within the time periods specified in the CommissionSEC's rules and regulations: : (1a) all quarterly and annual financial information that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K (or any successor forms) if the Issuers Company were required to file such those forms, including a “"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 statement by the Company by its Company's certified independent public accountants; and and (2b) all current reports that would be required to be filed with the Commission SEC on Form 8-K (or any successor form) if the Issuers Company were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph foregoing shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes theretofootnotes, and in Management's Discussion and Analysis of Financial Condition and Results of Operations, 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 In addition, the Company will file a copy of all information and reports referred to above with the contrary set forth aboveSEC for public availability within the time periods specified in the SEC's rules and regulations (unless the SEC will not accept that filing) and make that information available to securities analysts and prospective investors upon request. The Company and the Subsidiary Guarantors have also agreed that, for so long as any Notes remain outstanding, they will furnish to the Issuers are direct or indirect wholly-owned Subsidiaries of CCI, if CCI has furnished Holders and filed electronically with to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities and Exchange Commission, the reports described in the preceding paragraphs with respect Act. Subject to CCI (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery Article 7 hereof, delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' Company's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates).

Reports. Whether or not required by the CommissionSEC, so long as any Notes are outstanding, the Issuers shall furnish to Holders and Partnership will file with the Trustee, SEC (unless the SEC will not accept such a filing) within the time periods specified in the Commission's SEC’s rules and regulations, and upon request, the Partnership will furnish (without exhibits) to the Trustee for delivery to the Holders of Notes: (1a) all quarterly and annual financial information that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K if the Issuers Partnership were required to file such forms, including a “Management's ’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 by the Company by its Partnership’s certified independent public accountants; and (2b) all current reports that would be required to be filed with the Commission SEC on Form 8-K if the Issuers Partnership were required to file such reports. The availability of the foregoing information or reports on the SEC’s website will be deemed to satisfy the foregoing delivery requirements. If as of the Company end of any such quarterly or annual period referred to in Section 5.17(a), the Partnership has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the Partnership shall deliver (promptly after such SEC filing referred to in Section 5.17(a)) to the Trustee for delivery to the Holders of the Notes quarterly and annual financial information required by the preceding paragraph shall Section 5.17(a) as revised to include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto, and in “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, ,” of the financial condition and results of operations of the Company Partnership and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the CompanyPartnership. Notwithstanding anything Whether or not required by the SEC, the Partnership will make such information available to securities analysts, investors and prospective investors upon request. In addition, upon request the contrary set forth abovePartnership shall furnish the Trustee such other non-confidential information, for so long as documents and other reports which the Issuers are direct or indirect wholly-owned Subsidiaries of CCI, if CCI has furnished Holders and filed electronically Partnership is required to file with the Securities SEC pursuant to Section 13 or Section 15(d) of the Exchange Act. Any and Exchange Commission, the reports described all Defaults or Events of Default arising from a failure to furnish or file in the preceding paragraphs with respect to CCI (including a timely manner any consolidating financial information or report required by Regulation S-X relating to this Section 5.17 shall be deemed cured (and the Issuers), the Issuers Partnership shall be deemed to be in compliance with the provisions of this Section 4.035.17) upon furnishing or filing such information or report as contemplated by this Section 5.17 (but without regard to the date on which such information or report is so furnished or filed); provided that such cure shall not otherwise affect the rights of the Holders of the Notes under Article VII hereof if the principal, premium, if any, and interest have been accelerated in accordance with the terms of Article VII hereof and such acceleration has not been rescinded or cancelled prior to such cure. Delivery of such reports, information and documents to the Trustee pursuant to this Section 5.17 is for informational purposes only and the Trustee's ’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' Partnership’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' ’ Certificates).

Reports. Whether or not required by the Commissionrules and regulations of the SEC, so long as any Term Notes are outstanding, the Issuers Borrower shall furnish to Holders and the Trustee, within the time periods specified in the Commission's rules and regulations: Lenders (1i) all quarterly and annual financial information that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K if the Issuers Borrower were required to file such forms, including a “"Management's Discussion and Analysis of Financial Condition and Results of Operations” section and, with respect to " that describes the annual information only, a report on the annual consolidated financial statements condition and results of operations of the Company by Borrower and its independent public accountants; and consolidated Subsidiaries (2) all current reports that would be required showing in reasonable detail, in the footnotes to be filed with the Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, 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" (in each case to the extent not prohibited by the SEC's rules and regulations), of (A) the financial condition and results of operations of the Company Borrower and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. Notwithstanding anything to Borrower and (B) the contrary set forth aboveTower Cash Flow for the most recently completed fiscal quarter and the Adjusted Consolidated Cash Flow for the most recently completed four-quarter period) and, 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 the annual information only, a report thereon by the Borrower's certified independent accountants and (including any consolidating financial information ii) all current reports that would be required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance filed with the provisions of this Section 4.03. Delivery of SEC on Form 8-K if the Borrower were required to file such reports, in each case within the time periods specified in the SEC's rules and regulations. In addition, whether or not required by the rules and regulations of the SEC, the Borrower shall file a copy of all such information and documents 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 the Trustee is for informational purposes only securities analysts and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates)prospective investors upon request.

Reports. (a) Whether or not required by the Commissionrules and regulations of the SEC, so long as any Notes Securities are outstanding, the Issuers Company shall furnish to the Holders and the Trustee, within the time periods specified in the Commission's rules and regulations: of Securities (1i) all quarterly and annual financial information that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K if the Issuers Company were required to file such formsForms, including a “"Management's Discussion and Analysis of Financial Condition and Results of Operations” section " and, with respect to the annual information only, a report on thereon by the annual consolidated financial statements of the Company by its Company's certified independent public accountants; and accountants and (2ii) all current reports that would be required to be filed with the Commission SEC on Form 8-K if the Issuers Company were required to file such reports, in each case within the time periods specified in the SEC's rules and regulations. If In addition, the Company has designated any shall file a copy of its Subsidiaries as Unrestricted Subsidiaries, then all such information and reports with the quarterly SEC for public availability within the time periods set forth in the SEC's rules and annual regulations (unless the SEC will not accept such a filing) and make such information available to securities analysts and prospective investors upon request. In addition to the 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 shall 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, and in Management's Discussion and Analysis of Financial Condition and Results of Operations, unaudited quarterly financial statements of the Company and shall be as of the same dates and for the same periods as the consolidated financial condition and results of operations statements 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 required pursuant 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 (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates)Act.

Reports. Whether or not required by the CommissionSEC, so long as any Notes are outstanding, the Issuers shall furnish to Holders and Partnership will file with the Trustee, SEC (unless the SEC will not accept such a filing) within the time periods specified in the Commission's SEC’s rules and regulations, and upon request, the Partnership will furnish (without exhibits) to the Trustee for delivery to the Holders of Notes: (1a) all quarterly and annual financial information that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K if the Issuers Partnership were required to file such forms, including a “Management's ’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 by the Company by its Partnership’s certified independent public accountants; and (2b) all current reports that would be required to be filed with the Commission SEC on Form 8-K if the Issuers Partnership were required to file such reports. The availability of the foregoing information or reports on the SEC’s website will be deemed to satisfy the foregoing delivery requirements. If as of the Company end of any such quarterly or annual period referred to in Section 5.16(a), the Partnership has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the Partnership shall deliver (promptly after such SEC filing referred to in Section 5.16(a)) to the Trustee for delivery to the Holders of the Notes quarterly and annual financial information required by the preceding paragraph shall Section 5.16(a) as revised to include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto, and in “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, ,” of the financial condition and results of operations of the Company Partnership and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the CompanyPartnership. Notwithstanding anything Whether or not required by the SEC, the Partnership will make such information available to securities analysts, investors and prospective investors upon request. In addition, upon request the contrary set forth abovePartnership shall furnish the Trustee such other non-confidential information, for so long as documents and other reports which the Issuers are direct or indirect wholly-owned Subsidiaries of CCI, if CCI has furnished Holders and filed electronically Partnership is required to file with the Securities SEC pursuant to Section 13 or Section 15(d) of the Exchange Act. Any and Exchange Commission, the reports described all Defaults or Events of Default arising from a failure to furnish or file in the preceding paragraphs with respect to CCI (including a timely manner any consolidating financial information or report required by Regulation S-X relating to this Section 5.16 shall be deemed cured (and the Issuers), the Issuers Partnership shall be deemed to be in compliance with the provisions of this Section 4.035.16) upon furnishing or filing such information or report as contemplated by this Section 5.16 (but without regard to the date on which such information or report is so furnished or filed); provided that such cure shall not otherwise affect the rights of the Holders of the Notes under Article VII hereof if the principal, premium, if any, and interest have been accelerated in accordance with the terms of Article VII hereof and such acceleration has not been rescinded or cancelled prior to such cure. Delivery of such reports, information and documents to the Trustee pursuant to this Section 5.16 is for informational purposes only and the Trustee's ’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' Partnership’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' ’ Certificates).

Reports. Whether (a) Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or not required by 15(d) of the CommissionExchange Act, so long as any Notes are outstanding, the Issuers shall furnish to Holders and Company will file with the Trustee, SEC (unless the SEC will not accept such a filing) for public availability within the time periods specified in the Commission's SEC’s rules and regulationsregulations under the Exchange Act and, within 10 Business Days of filing, or attempting to file, the same with the SEC, furnish to the Trustee and, upon its request, to any of the Holders of the Notes: (1) all quarterly and annual financial and other information with respect to the Company and its Subsidiaries that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K if the Issuers Company were required to file such forms, including a “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations” section and, with respect to the annual information only, a report on thereon by the annual consolidated financial statements of the Company by its Company’s certified independent public accountants; and (2) all current reports that would be required to be filed with the Commission SEC on Form 8-K if the Issuers Company were required to file such reports. The Company’s filing of any such information, document or report with the Commission pursuant to its Electronic Data Gathering, Analysis and Retrieval (or ▇▇▇▇▇) system or any successor thereto shall satisfy the reporting obligation described above. The Company shall at all times comply with TIA § 314(a). (b) If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph (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, to the financial statements and in Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, 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 Subsidiaries. (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. c) Delivery of such reportsinformation, information documents and documents reports to the Trustee is for informational purposes 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 Issuers' Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' ’ Certificates).

Reports. Whether or not required by the Commissionrules and regulations of the SEC, so long as any Notes are outstanding, the Issuers shall Company will furnish to the Holders and within 15 days after the Trustee, within date on which it would have been required to make filings with the time periods specified in SEC (without regard to any extension that may be permitted by the Commission's rules and regulations: SEC) (1i) all quarterly and annual financial information reports that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K (or any successor form) if the Issuers Company were required to file such formsForms, including a “"Management's Discussion and Analysis of Financial Condition and Results of Operations” section ," and, with respect to the annual information only, a report on thereon by the annual consolidated financial statements of the Company by its Company's certified independent public accountants; and accountants and (2ii) all current reports that would be required to be filed with the Commission SEC on Form 8-K if the Issuers Company were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted SubsidiariesIn addition, then the quarterly and annual financial information whether or not required by the preceding paragraph shall include a reasonably detailed presentation, either on the face rules and regulations of the financial statements SEC, the Company will file a copy of all such information and reports with the SEC for public availability for so long as any Notes are outstanding; provided, however, that the Company will not be obligated to file such information or in reports if the footnotes thereto, SEC does not permit or accept such filings. All such reports shall be filed with the SEC (unless the SEC will not accept such a filing) and in Management's Discussion furnished to the Holders within the time for filing such reports with the SEC pursuant to the rules and Analysis of Financial Condition and Results of Operations, regulations of the financial condition and results SEC (without regard to any rules or regulations permitting extensions of operations of time to file such reports). In addition, 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 aboveagrees that, for so long as at least $20,000,000 in aggregate principal amount of Notes remain outstanding, it will furnish to the Issuers are direct or indirect wholly-owned Subsidiaries of CCI, if CCI has furnished Holders and filed electronically with to beneficial holders of Notes and to prospective purchasers of Notes designated by the Holders, upon their request, the information required to be delivered pursuant to Rule 144(A)(d)(4) under the Securities and Exchange CommissionAct. Upon qualification of the Indenture under the TIA, the reports described in the preceding paragraphs Company shall also comply with respect to CCI (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this TIA Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates314(a).

Reports. (a) Whether or not required by the rules and regulations of the Commission, so long as any Notes are outstanding, the Issuers shall Company will furnish to Holders and the Trustee, within for delivery to the time periods specified in Holders of the Commission's rules and regulationsNotes upon their written request therefor: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Issuers Company were required to file such formsForms, including a “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations” section and, with respect to that describes the annual information only, a report on the annual consolidated financial statements condition and results of operations of the Company by and its independent public accountants; and consolidated Subsidiaries (2) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentationshowing in reasonable detail, either on the face of the financial statements or in the footnotes thereto, thereto and in “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, 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 , if any) and, with respect to the contrary set forth aboveannual 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 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 regulations. The Company shall at all times comply with TIA § 314(a). (b) In addition, following the consummation of the exchange offer contemplated by the Registration Rights Agreement, whether or not required by the rules and regulations of the Commission, the Company will file a copy of all such information and reports with the 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 securities analysts and prospective investors upon request. In addition, the Company has agreed that, for so long as any Notes remain outstanding, it will furnish to the Issuers are direct or indirect wholly-owned Subsidiaries of CCI, if CCI has furnished Holders and filed electronically with to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities and Exchange Commission, the reports described in the preceding paragraphs with respect to CCI (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates)Act.

Reports. Whether or not required by the rules and regulations of the Commission, so long as any Notes Securities are outstanding, the Issuers shall Company and the Subsidiary Guarantors will file with the Commission, to the extent such filings are accepted by the Commission, and will furnish to the Holders and the Trustee, within the time periods specified in the Commission's rules and regulations: (1) of Securities all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q reports and 10-K if the Issuers were required to file such formsother information, including a “Management's Discussion documents 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 Commission on Form 8-K pursuant to Section 13 of the Exchange Act if the Issuers Company and the Subsidiary Guarantors were required to file under such reportssection. If the Company has designated any of its Subsidiaries as Unrestricted SubsidiariesIn addition, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, 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, of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations Subsidiary Guarantors will make such information available to prospective purchasers of the Unrestricted Subsidiaries of the CompanySecurities, securities analysts and broker-dealers who request it in writing. Notwithstanding anything to the contrary set forth above, for For so long as any Securities remain outstanding, the Issuers are direct or indirect wholly-owned Subsidiaries of CCI, if CCI has furnished Company and the Subsidiary Guarantors will furnish to the Holders and filed electronically with the beneficial holders of Securities and Exchange Commissionto prospective purchasers of Securities designated by the Holders of Transfer Restricted Securities (as defined in the Registration Rights Agreement) and to broker dealers, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4). Within five business days after the delivery of any of the reports described in the preceding paragraphs with respect to CCI (including any consolidating financial information required by Regulation S-X relating to the Issuers)above, the Issuers Company shall conduct a conference call to discuss such report and answer questions about such report, which conference call shall be deemed open to all Holders of Securities and prospective investors. Details of such conference call shall be in compliance with posted on the provisions of this Section 4.03Company’s website. Delivery of such reports, information and documents to the Trustee pursuant to this Section 4.10 or elsewhere in this Indenture is for informational purposes only and the Trustee's ’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' ’ Certificates).

Reports. Whether or not required by the Commission, so long as any Notes are outstanding, the Issuers shall furnish to Holders and (a) The Company will file with the Trustee, within 15 days of being required to file the same with the SEC, copies of its annual reports and of the information, documents and other reports that it may be required to file with the SEC pursuant to Section 13 or Section 15(d) of the Exchange Act. (b) If the Company is not required to file information, documents or reports with the SEC pursuant to Section 13 or Section 15(d) of the Exchange Act, the Company will file with the Trustee and the SEC, in accordance with rules and regulations prescribed from time periods specified to time by the SEC, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Exchange Act in the Commission's respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in those rules and regulations: (1) all quarterly and annual financial information that would be required . At any time when the reports referred to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Issuers were required to file such forms, including a “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 herein are not filed with the Commission on Form 8-K if the Issuers were required to file such reports. If SEC, the Company has designated any will maintain a non-public website on which Holders of its Subsidiaries as Unrestricted SubsidiariesNotes, then prospective investors and securities analysts may access the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, 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, 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 , and the Company will direct Holders of Notes, prospective investors and securities analysts on its publicly available website to contact the Company’s Chief Financial Officer to obtain access to the contrary set forth above, for so long as the Issuers are direct or indirect whollynon-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 public website. (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. c) Delivery of such the reports, information and documents described in this Section 4.03, to the Trustee is are for informational purposes only and the Trustee's ’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Officer’s 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 otherwise.

Reports. Whether (a) The Parent will maintain and will cause each Subsidiary to maintain a standard system of accounting in accordance with GAAP applicable to such Person and will furnish to the Administrative Agent and each Lender such information respecting the business and financial condition of the Parent and its Subsidiaries as the Administrative Agent or not required any Lender may reasonably request (including unaudited consolidating financials with respect to one or more Subsidiaries (in addition to the unaudited consolidating financials described in clause (i)(A) below) but only to the extent such additional consolidating financials are otherwise available without regard to any request by the CommissionAdministrative Agent and/or any Lender) and, so long as without any Notes are outstandingrequest, the Issuers shall will furnish to Holders the Administrative Agent and the Trustee, within the time periods specified in the Commission's rules and regulationseach Lender: (1i) all quarterly as soon as available, and annual financial information that would be required to be contained in a filing with any event within sixty (60) days after the Commission on Forms 10-Q and 10-K if close of the Issuers were required to file such forms, including a “Management's Discussion and Analysis of Financial Condition and Results of Operations” section first three fiscal quarters (and, in the case of the information described in clause (A)(y) below, the last fiscal quarter) of each fiscal year of the Parent: (A) a consolidated statement of operations of the Parent and its consolidated Subsidiaries for such period and a balance sheet and statement of cash flows as of the end of each such quarterly fiscal period for the Parent and its consolidated Subsidiaries and a consolidating balance sheet of the Parent, all in reasonable detail showing in comparative form the figures for the corresponding date and period for the previous year, prepared substantially in accordance with respect GAAP and presented on a consistent basis (but with no end notes and with other differences from GAAP) and certified to by the treasurer or other appropriate financial officer of the Parent to fairly present the financial condition of the Parent and its consolidated Subsidiaries (as applicable) for the period covered thereby; (B) a written certificate in the form of Exhibit C hereto signed by the treasurer or other appropriate financial officer of the Parent to the annual information onlyeffect that (i) no Potential Default or Event of Default has occurred during the period covered by such statements or, if any such Potential Default or Event of Default has occurred during such period, setting forth a report on description of such Potential Default or Event of Default and specifying the annual action, if any, taken by the Parent or any other Loan Party to remedy the same, (ii) the financial statements (described in (A) above) attached to the certificate present fairly, in all material respects, the consolidated financial position of the Parent and its consolidated Subsidiaries as of the date of such statements and (iii) the attached computations demonstrate compliance with Section 5.15 hereof for such quarter; and (ii) as soon available, and in any event within one hundred twenty (120) days after the close of each fiscal year of the Parent: (A) a copy of the Investment Policy (if any) of a Loan Party adopted by any and a summary of all changes thereto since the date of delivery of the prior Investment Policy (if any) of such Loan Party; (B) a copy of the consolidated financial statements of the Company Parent and its consolidated Subsidiaries as of the close of such fiscal year and the related consolidated balance sheet and statements of operations and cash flows of the Parent for such period, and accompanying notes thereto, all prepared in accordance with GAAP and in reasonable detail showing in comparative form the figures for the previous fiscal year, accompanied by its an opinion thereon of PricewaterhouseCoopers LLP or of other independent public accountantsaccountants of recognized national standing, selected by the Parent (or, if not nationally recognized, such independent public accountants as shall be selected by the Parent and reasonably acceptable to the Required Lenders); and a written certificate in the form of Exhibit C hereto signed by the treasurer or other appropriate financial officer of the Parent to the effect that (i) no Potential Default or Event of Default has occurred during the period covered by such statements or, if any such Potential Default or Event of Default has occurred during such period, setting forth a description of such Potential Default or Event of Default and specifying the action, if any, taken by the Parent or applicable Loan Party to remedy the same, (ii) the financial statements (described above in this paragraph) attached to the certificate present fairly, in all material respects, the consolidated financial position of the Parent and its consolidated Subsidiaries as of the date of such statements and (iii) the attached computations demonstrate compliance with Section 5.15 hereof for such fiscal year; and (2b) all current reports [reserved]. The Parent and the Borrower hereby acknowledge that would be required to be filed with the Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, either on the face certain of the financial statements or in the footnotes thereto, and in Management's Discussion and Analysis of Financial Condition and Results of Operations, 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 Lenders (each a “Public Lender”) may have personnel who do not wish to the contrary set forth above, for so long as the Issuers are direct or indirect whollyreceive material non-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 public information with respect to CCI (including the Parent or its Affiliates, or the respective securities of any consolidating financial information required by Regulation Sof the foregoing, and who may be engaged in investment and other market-X relating related activities with respect to such Persons’ securities. The Parent and the Borrower hereby agrees that it will use commercially reasonable efforts to identify that portion of the Loan Party Materials that may be distributed to the Issuers)Public Lenders and that (w) all such Loan Party Materials shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the Issuers word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Loan Party Materials “PUBLIC,” the Parent shall be deemed to have authorized the Administrative Agent, any Affiliate thereof, the L/C Issuer and the Lenders to treat such Loan Party Materials as not containing any material non-public information (although it may be in compliance sensitive and proprietary) with the provisions of this Section 4.03. Delivery of such reports, information and documents respect to the Trustee is Parent or its securities for informational purposes only of United States federal and state securities Laws (provided, however, that to the Trustee's receipt extent such Loan Party Materials constitute Information, they shall be treated as set forth in Section 8.2); (y) all Loan Party Materials marked “PUBLIC” are permitted to be made available through a portion of such the Platform designated “Public Side Information;” and (z) the Administrative Agent and any Affiliate thereof shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is be entitled to rely exclusively treat any Loan Party Materials that are not marked “PUBLIC” as being suitable only for posting on Officers' Certificates)a portion of the Platform not designated as “Public Side Information.” Notwithstanding the foregoing, the Loan Parties shall be under no obligation to mark any Loan Party Materials “PUBLIC.”

Reports. Whether or not required by the Commission, so (a) So long as any the Notes are outstanding, the Issuers Issuer shall furnish deliver to Holders the Noteholders and the Trustee, within the time periods specified in the Commission's rules and regulations: (1) all quarterly within 100 days after the end of each fiscal year, (a) an audited consolidated balance sheet as of the end of such fiscal year, (b) an audited consolidated income statement for such fiscal year, (c) an audited consolidated statement of cash flows for such fiscal year, in each case of the Issuer and annual financial information that would be required to be contained its consolidated Subsidiaries, prepared in a filing accordance with GAAP, setting forth in comparative form the Commission on Forms 10-Q figures for the corresponding period of (or, in the case of the balance sheet, as of the end of) the previous fiscal year and 10-K if the Issuers were required to file such forms, including notes thereto and (d) a “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations” section and, with respect to that describes the annual information only, a report on financial condition and results of operations of the annual Issuer and its consolidated Subsidiaries; all such financial statements shall be audited by a certified public accountant of the Issuer that is independent and registered with the Public Company by its independent public accountants; andAccounting Oversight Board in accordance with generally accepted accounting standards in the United States; (2) all current reports within 60 days after the end of each of the first three fiscal quarters of each fiscal year, (a) an unaudited consolidated balance sheet as of the end of that would be required to be filed with quarter, (b) an unaudited consolidated income statement for such fiscal quarter and for the Commission on Form 8-K if then elapsed portion of such fiscal year, (c) an unaudited consolidated statement of cash flows for such fiscal quarter and for the Issuers were required to file then elapsed portion of such reports. If fiscal year, in each case of the Company has designated any of Issuer and its Subsidiaries as Unrestricted consolidated Subsidiaries, then prepared in accordance with GAAP, setting forth in comparative form the quarterly and annual financial information required by figures for the preceding paragraph shall include a reasonably detailed presentationcorresponding period or periods of (or, either on in the face case of the financial statements or in balance sheet, as of the footnotes thereto, end of) the previous fiscal year and in including notes thereto and (d) a “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, of ” that describes the financial condition and results of operations of the Company Issuer and its Restricted Subsidiaries separate from consolidated Subsidiaries; all such financial statements shall be certified by any Officer of the Issuer as presenting fairly in all material respects the consolidated financial condition and condition, results of operations and cash flows of the Unrestricted Issuer and its consolidated Subsidiaries on a consolidated basis in accordance with GAAP; and (3) promptly from time to time after the occurrence of any of the Company. Notwithstanding anything following events, a current report that contains a brief summary of the material terms, facts and/or circumstances involved to the contrary set forth aboveextent not otherwise publicly disclosed: (i) entry by the Issuer or a Restricted Subsidiary into an agreement outside the ordinary course of business that is material to the Issuer and its Subsidiaries, taken as a whole, any material amendment thereto or termination of any such agreement other than in accordance with its terms (excluding, for so long the avoidance of doubt, employee compensatory or benefit agreements or plans), (ii) completion of a merger of the Issuer with or into another Person or a material acquisition or disposition of assets by the Issuer 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 Issuer or a Significant Subsidiary (as defined in Regulation S-X), or (iv) the Issuers are direct Issuer’s incurring Indebtedness outside the ordinary course of business that is material to the Issuer (other than under a Credit Facility or indirect wholly-owned Subsidiaries of CCI, if CCI other arrangement which has furnished Holders and filed electronically with the Securities and Exchange Commission, the reports been described in the preceding paragraphs Offering Memorandum 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 Issuer or any Restricted Subsidiary. (b) In addition to delivering the foregoing information to the Noteholders and the Trustee, the Issuer shall maintain a website (that, at the option of the Issuer, may be password protected) to which Noteholders, market makers affiliated with any initial purchaser of the Notes and securities analysts are given access promptly upon request and to which all of the information required to be provided pursuant to Section 4.12(a)(1) and 4.12(a)(2) above is posted. (c) Notwithstanding the foregoing, the above requirements may be satisfied by the filing with the SEC for public availability by the Issuer, the Parent or another Parent Entity 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 CCI the Issuer or Parent Entity, as applicable, provided that (including i) any consolidating such financial information of such Parent Entity contains information reasonably sufficient to identify the material differences, if any, between the financial information of such Parent Entity, on the one hand, and the Issuer and its Subsidiaries on a stand-alone basis, on the other hand and (ii) such Parent Entity does not own, directly or indirectly, Capital Stock of any Person other than the Issuer and its Subsidiaries (and other than, indirectly, through its ownership of the Issuer and its Subsidiaries) or material business operations that would not be consolidated with the financial results of the Issuer and its Subsidiaries. The availability of the foregoing reports on the SEC’s ▇▇▇▇▇ filing system will be deemed to satisfy the foregoing delivery requirements. The Trustee shall have no responsibility to determine whether the Company has posted information on its website or filed reports on ▇▇▇▇▇. (d) No later than ten Business Days after the dates that the information described in Section 4.12(a)(1) and 4.12(a)(2) above is required by Regulation S-X relating to the Issuers)be delivered, the Issuers Issuer shall hold an annual or quarterly, as applicable, conference call to discuss such financial information, during which management of the Issuer shall provide Holders of the Notes, market makers affiliated with any initial purchaser of the Notes and securities analysts with an update on the Issuer’s financial condition. Notwithstanding the foregoing, the Parent may satisfy the immediately preceding requirement by holding an annual and quarterly conference call to discuss the information described in Section 4.12(a)(1) and 4.12(a)(2) above, as applicable. (e) Any and all Defaults or Events of Default arising from a failure to comply with this Section 4.12 shall be deemed cured (and the Parent shall be deemed to be in compliance with this Section 4.12) upon furnishing or filing such information or report as contemplated by this Section 4.12 (but without regard to the provisions date on which such information or report is so furnished or filed); provided that such cure shall not otherwise affect the rights of Holders under Article VI if all outstanding Notes shall have been accelerated in accordance with the terms of this Section 4.03Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (f) In addition, the Issuer shall furnish to Holders of the Notes upon the requests of such Holders, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as any Notes are not freely transferable under the Securities Act. (g) The Trustee shall have no responsibility to determine if the Issuer has complied with its reporting requirements or if the Issuer has posted any information on its website. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's ’s receipt of such reports, information or documents shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' Issuer’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' ’ Certificates).

Reports. Whether or not required by (a) Within ten (10) days following the Commissionfinal business day of each month, so long as any Notes are outstandingManager will submit to Owner’s Agent a report showing Revenues for the previous month, Operating Expenses for the previous month, the Issuers shall furnish estimated Management Fee due to Holders Manager for the previous month, and the Trustee, within the time periods specified in the Commission's rules and regulations: (1) all quarterly and annual financial information that would be required estimated Net Distribution to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Issuers were required to file such forms, including a “Management's Discussion and Analysis of Financial Condition and Results of Operations” section and, Owner due with respect to the annual information onlyprevious month, calculated separately for each Pool of Containers and Original Containers then covered under this Agreement and/or the Initial Management Agreement. The report required hereunder shall precede the monthly remittance from Manager to Owner contemplated under Section 9(b) of this Agreement, and the figures contained therein shall be subject to adjustment pursuant to the quarterly adjustment provisions of subsection 9(b) of this Agreement. (b) Not later than forty-five (45) days after the end of every calendar quarter, Manager will furnish to Owner’s Agent at Manager’s expense, a report on reconciliation of all the annual consolidated financial statements calculations included under Section 4(b), Section 7, and Section 9 with respect to accounts receivable and accounts payable balances at quarter-end for all Containers, and an unaudited statement of operations and operating statistics relative to Manager’s compliance with Section 4(b)(i), all in form acceptable to Owner, said statement of operations and operating statistics to be with respect to the Containers and also with respect to all containers in Manager’s Fleet of the Company by its independent public accountants; andsame Container Types as the Containers, for such period and for all the preceding quarterly periods in the calendar year. The aforesaid reconciliations will be provided both on separate basis for each Pool of Containers and Original Containers then covered under this Agreement and/or the Initial Management Agreement and on an aggregated basis for all Pools of Containers and Original Containers then covered under this Agreement and/or the Initial Management Agreement. (2c) all current reports that would be required Not later than ninety (90) days after the close of each calendar year, Manager will deliver to Owner’s Agent a report prepared by a firm of independent certified public accountants as to their review (which review will not constitute, and is not intended to be filed with the Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiariesequivalent of, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, either on the face an audit of the financial statements or in operations of Manager’s Fleet), prepared (at the footnotes thereto, expense of Owner) with respect to accounts receivable and in Management's Discussion and Analysis of Financial Condition and Results of Operationsaccounts payable balances at year-end for all Containers, of the financial condition and results of operations of the Company Containers and its Restricted Subsidiaries separate from the financial condition and results of operations correctness of the Unrestricted Subsidiaries computations made by Manager pursuant to Section 4(b), Section 7, and Section 9 for the immediately preceding calendar year and the conformity of the Company. Notwithstanding anything procedures followed by Manager in connection with such computations to the contrary set forth obligations and duties of Manager under this Agreement. (d) Owner shall have the reasonable right to approve the selection of the firm of independent certified public accountants that prepare the review described in Section 11(c) above, for so long as the Issuers are direct or indirect wholly-owned Subsidiaries of CCI. The current firm used by Manager is KPMG Peat Marwick which Owner hereby approves. Further, if CCI has furnished Holders Owner wishes to have an audit instead of a review, Owner shall pay the incremental cost thereof, and filed electronically with Manager shall cooperate fully in said audit. (e) If Owner should utilize the Securities and Exchange CommissionContainers as collateral for a Debt Financing, the reports described in the preceding paragraphs with respect Manager will furnish to CCI (including any consolidating financial information required by Regulation S-X relating to the IssuersOwner’s lender(s), the Issuers shall be deemed if so requested by Owner, and to be in compliance with the provisions Owner and Owner’s Agent on a monthly basis, such other information as Manager generally provides to owners of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates)containers managed by it.

Reports. (a) Whether or not required by the Commissionrules and regulations of the SEC, so long as any Notes are outstanding, the Issuers shall Authority will file a copy of each of the following reports with the SEC for public availability (unless the SEC will not accept such a filing, in which case the Authority will otherwise publicly post such reports) and will furnish to the Holders and the Trustee, Trustee (in each case which may be deemed to be made by electronic transmission via the SEC’s ▇▇▇▇▇ system or any successor system thereto or by posting to the publicly available website of the Authority) within 15 days after the end of the time periods specified in the Commission's SEC’s rules and regulationsregulations for filings of current, quarterly and annual reports: (1i) all quarterly and annual financial information that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K if the Issuers Authority were required to file such formsForms, including a “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations” section and, with respect to that describes the annual information only, a report on the annual consolidated financial statements condition and results of operations of the Company by Authority and its independent public accountants; and consolidated subsidiaries (2) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentationshowing in reasonable detail, either on the face of the consolidated financial statements or in the footnotes thereto, thereto and in Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, of the financial condition and results of operations of the Company Authority and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. Notwithstanding anything Authority, to the contrary set forth aboveextent that would be required by the rules, for so long as regulations or interpretive positions of the Issuers are direct or indirect wholly-owned Subsidiaries of CCISEC) and, 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 the annual report only, a report thereon by the Authority’s independent registered public accounting firm; and (including ii) all current reports that would be required to be filed with the SEC on Form 8-K if the Authority were required to file such reports. (b) So long as any consolidating financial Notes remain outstanding, at any time that the Authority is not subject to Section 13 or 15(d) of the Exchange Act, the Authority will furnish to the Holders and to securities analysts and prospective purchasers of the Notes, upon their request, the information required by Regulation S-X relating to be delivered pursuant to Rule 144A(d)(4) under the Issuers), Securities Act. (c) The Authority shall file with the Issuers shall Trustee and provide to Holders (which may be deemed to be in compliance made by electronic transmission via the SEC’s ▇▇▇▇▇ system or any successor system thereto), within 15 days after it files them with the provisions NIGC, copies of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to all reports which the Trustee Authority is entitled required to rely exclusively on Officers' Certificates)file with the NIGC pursuant to 25 C.F.R. Part 514.

Reports. (a) Whether or not required by the Commission, so long as any Notes are outstanding, the Issuers shall Company will post on the Company Website and furnish to the Trustee for delivery to any of the Holders and the TrusteeBeneficial Owners of Notes (by hard copy or internet access), in each case, within five Business Days of the time periods specified in date such filing would otherwise be required to be made with the Commission's rules and regulations: (1i) all quarterly and annual financial and other information with respect to the Company and its Subsidiaries that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Issuers Company were required to file such formsForms, including a “Management's Discussion prepared in all material respects in accordance with the rules and Analysis of Financial Condition and Results of Operations” section regulations applicable to such Forms, and, with respect to the annual information only, a report on the annual consolidated financial statements of that would be required to be contained in a Form 10-K by the Company by its Company’s certified independent public accountants; and (2ii) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuers Company were required to file such reports. . (b) If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries (other than Unrestricted Subsidiaries that, when taken together with all other Unrestricted Subsidiaries, would not be a Significant Subsidiary), then the quarterly and annual financial information required by the preceding paragraph Section 4.03(a)(i) shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto, and to the financial statements or in Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, 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 . (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. c) Delivery of such reports, information and documents to the Trustee under this Section 4.03 is for informational purposes only and the Trustee's ’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 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 will not be obligated to monitor or confirm, on a continuing basis or otherwise, the Company’s compliance with this Section 4.03 or to determine whether such reports, information or documents have been posted on any website or filed with the Commission. (d) The Company will be deemed to have furnished to the Trustee and Holders and Beneficial Owners of Notes the reports and information referred to above in this Section 4.03 if the Company has filed them with the Commission. For purposes of this Section 4.03, the term “Company Website” means the collection of web pages that may be accessed on the World Wide Web using the URL address ▇▇▇▇://▇▇▇.

Reports. (a) Whether or not required by the Commissionrules and regulations of the SEC, so long as any Notes are outstanding, the Issuers Company shall furnish to the Holders and the Trustee, within the time periods specified in the Commission's rules and regulations: (1i) all quarterly and annual financial information that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K if the Issuers Company were required to file such formsForms, including a “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations” section and, with respect to that describes the annual information only, a report on the annual consolidated financial statements condition and results of operations of the Company by and its independent public accountants; and consolidated Subsidiaries (2) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentationshowing in reasonable detail, either on the face of the financial statements or in the footnotes thereto, thereto and in Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, 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 ) and, with respect to the contrary set forth aboveannual information only, for a report thereon by the Company’s certified independent accountants and (ii) 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. For so long as the Issuers are Holdings or another direct or indirect wholly-owned Subsidiaries parent company of CCI, if CCI has furnished Holders and filed electronically with the Securities and Exchange CommissionCompany is a guarantor of the Notes, the reports described in Indenture will permit the preceding paragraphs with respect Company to CCI (including any consolidating satisfy its obligations under the first sentence of this Section 4.03(a) by furnishing financial information required relating to Holdings; provided that the same is accompanied by Regulation S-X consolidating information that explains in reasonable detail the differences between the information relating to Holdings, on the one hand, and the information relating to the IssuersCompany and its Restricted Subsidiaries on a stand-alone basis, on the other hand. In addition, following the consummation of the Registered Exchange Offer (as defined in the Appendix), whether or not required by the Issuers rules and regulations of the SEC, the Company shall be deemed 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. (b) The Company shall at all times comply with TIA § 314(a). (c) For so long as any Notes remain outstanding, the Company and the Guarantors shall furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be in compliance with delivered pursuant to Rule 144A(d)(4) under the provisions of this Section 4.03. Delivery Securities Act. (d) 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 ’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' ’ Certificates).

Reports. (a) Whether or not required by the CommissionSEC, so long as any Notes are outstanding, the Issuers shall Parent will furnish to the Trustee and Holders and of the TrusteeNotes, within the time periods specified in the Commission's rules and regulationsrule of the SEC with respect to such filings: (1) all quarterly and annual financial and other information with respect to the Parent and its Subsidiaries that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Issuers Parent were required to file such formsForms, including a “Management's ’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 by the Company by its Parent’s certified independent public accountants; and (2) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuers Parent were required to file such reports; provided that the filing of the foregoing with the SEC for public availability on the SEC’s ▇▇▇▇▇ system (or any successor) shall be deemed to satisfy the Parent’s delivery obligation with respect to the foregoing. If The financial information required by clause (1) of this Section 4.03(a) shall be accompanied by consolidating information that explains in reasonable detail the differences between the information relating to the Parent, on the one hand, and the information relating to the Company has designated and its Subsidiaries on a standalone basis, on the other hand. At any time that any of its Subsidiaries as the Company’s subsidiaries are Unrestricted Subsidiaries, then the annual and quarterly and annual financial information required by the preceding paragraph shall this Section 4.03 will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto, and in “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, ,” 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 (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's ’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' ’ compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' ’ Certificates). (b) The Company and the Guarantors shall furnish to the Holders and Beneficial Owners of the Notes and to 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.

Reports. (a) Whether or not required by the Commission, so long as any Notes are outstanding, the Issuers Ventas, Inc. shall furnish to the Holders and the Trusteeof Notes, within the time periods specified in the Commission's rules and regulations: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Issuers Ventas, Inc. were required to file such formsForms, including a “"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 Ventas, Inc.'s certified independent public accountants; and (2) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuers Ventas, Inc. were required to file such reports. In addition, whether or not required by the Commission, Ventas, Inc. shall file a copy of all of the information and reports referred to in clauses (1) and (2) above with the 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 securities analysts and prospective investors upon request. If the Company Ventas, Inc. has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall will include a reasonably detailed presentation, 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, of the financial condition and results of operations of the Company Ventas, Inc., as applicable, 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 aboveVentas, for Inc. (b) For so long as any Notes remain outstanding, Ventas, Inc. shall furnish to the Issuers are direct or indirect wholly-owned Subsidiaries of CCI, if CCI has furnished Holders and filed electronically with to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities and Exchange Commission, the reports described in the preceding paragraphs with respect to CCI (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates)Act.

Reports. (a) Whether or not required by the Commissionrules and regulations of the SEC, so long as any Notes are outstanding, the Issuers shall Partnership will furnish to the Holders and of Notes or cause the TrusteeTrustee to furnish to the Holders of Notes (or file with the SEC for public availability), within the time periods specified in the Commission's SEC’s rules and regulationsregulations applicable to an accelerated filer: (1) all quarterly and annual financial information reports that would be required to be contained in a filing filed with the Commission SEC on Forms 10-Q and 10-K if the Issuers Partnership were required to file such formsreports, including a “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations” section and, with respect to the annual information report only, a report on the annual Partnership’s consolidated financial statements of by the Company by its Partnership’s certified independent public accountants; and (2) all current reports that would be required to be filed with the Commission SEC on Form 8-K if the Issuers Partnership were required to file such reports. The availability of the foregoing reports on the SEC’s ▇▇▇▇▇ filing system will be deemed to satisfy the foregoing delivery requirements. All such reports will be prepared in all material respects in accordance with all of the rules and regulations applicable to such reports. If, notwithstanding the foregoing, the SEC will not accept the Partnership’s filings for any reason, the Partnership will post the reports referred to in the preceding paragraphs on its website within the time periods applicable to an accelerated filer that would apply if the Partnership were required to file those reports with the SEC. (b) If the Company Partnership has designated any of its Subsidiaries as Unrestricted Subsidiaries (other than Unrestricted Subsidiaries that, when taken together with all other Unrestricted Subsidiaries, are “minor” within the meaning of Rule 3-10 of Regulation S-X), then the quarterly and annual financial information required by Section 4.03(a) will include, to the preceding paragraph shall include extent material, a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto, and in Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, of the financial condition and results of operations of the Company Partnership and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. Notwithstanding anything Partnership. (c) Any and all Defaults or Events of Default arising from a failure to the contrary set forth above, for so long as the Issuers are direct furnish or indirect wholly-owned Subsidiaries of CCI, if CCI has furnished Holders and filed electronically with the Securities and Exchange Commission, the reports described file in the preceding paragraphs with respect to CCI (including any consolidating financial a timely manner a report or information required by Regulation S-X relating to this Section 4.03 shall be deemed cured (and the Issuers), the Issuers Partnership shall be deemed to be in compliance with this Section 4.03) upon furnishing or filing such report or information as contemplated by this Section 4.03 (but without regard to the provisions date on which such report or information is so furnished or filed); provided that such cure shall not otherwise affect the rights of the holders under Article 6 hereof if the principal, premium, if any, and interest have been accelerated in accordance with the terms of this Indenture and such acceleration has not been rescinded or cancelled prior to such cure. (d) For so long as any Notes remain outstanding, the Issuers and the Guarantors will furnish to the Holders and Beneficial Owners of the Notes 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. (e) This Section 4.03 does not impose any duty on the Partnership under the Sarbanes Oxley Act of 2002 and the related SEC rules that would not otherwise be applicable. (f) The Partnership will be deemed to have furnished to the Holders and to prospective investors the reports referred to Section 4.03(a)(1) and (2) or the information referred to in Section 4.03(d) if the Partnership has posted such reports or information on the Partnership Website. For purposes of this Section 4.03. Delivery , the term “Partnership Website” means the collection of web pages that may be accessed on the World Wide Web using the URL address ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇ or such reports, information and documents other address as the Partnership 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 constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates).

Reports. Whether (a) On or not required by before the Commission, so long as any Notes are outstanding10th of each month, the Issuers shall furnish Servicer will provide to Holders and the Trustee, within Owner or its designee a computer tape or electronically transmitted data file containing the time periods specified in the Commission's rules and regulations: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Issuers were required to file such forms, including a “Management's Discussion and Analysis of Financial Condition and Results of Operations” section and, data with respect to the annual Monthly Remittance Date as set forth below (or such other information onlyas 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 all Mortgage Loans more than 30 days delinquent; (x) upon request, foreclosure status (including bankruptcy); (xi) statement of loans added, if any; (xii) the annual consolidated financial statements amount of the Company by its independent public accountantsaggregate remittance on such Monthly Remittance Date allocable to principal; (xiii) the amount of the aggregate remittance on such Monthly Remittance Date allocable to interest; 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 separate reports, one relating to Mortgage Loans sold by WMBFA and one relating to Mortgage Loans sold by Washington Mutual Bank and/or Washington Mutual Bank fsb. (b) 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 that would be required and access to be filed information and documentation regarding the Mortgage Loans and the transactions contemplated hereby sufficient to permit the Owner to comply with the Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated any applicable regulations of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, either on the face of the financial statements relevant regulatory or in the footnotes thereto, and in Management's Discussion and Analysis of Financial Condition and Results of Operations, 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 supervisory authorities with respect to CCI (including any consolidating financial information required by Regulation Sits investment in the Mortgage Loans and Owner's internal and third-X relating to party audit requirements. Such obligation of the Issuers), the Issuers 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 the Internal Revenue Code as from time to time are in compliance with the provisions of this Section 4.03force. Delivery of such reportsThe Servicer shall prepare and file any and all tax returns, information and documents statements or other filings required to be delivered to any governmental taxing authority or to the Trustee is for informational purposes only Owner pursuant to any applicable law with respect to the Mortgage Loans and the Trustee's receipt of transactions contemplated hereby. In addition, the Servicer shall provide the Owner with such shall not constitute constructive notice of any information contained therein or determinable concerning the Mortgage Loans as is necessary for the Owner to prepare its federal income tax return as the Owner may reasonably request from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as time to which the Trustee is entitled to rely exclusively on Officers' Certificates)time.

Reports. (a) Whether or not required by the CommissionSEC’s rules and regulations, so long as any Notes are outstanding, the Issuers shall furnish Company will file with the SEC and provide to Holders and the Trustee, within one Business Day of the time periods specified in the Commission's SEC’s rules and regulations: (1) all quarterly and annual financial information reports that would be required to be contained in a filing filed with the Commission SEC on Forms 10-Q and 10-K if the Issuers Company were required to file such forms, including a “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 accountantsreports; and (2) all current reports that would be required to be filed with the Commission SEC on Form 8-K if the Issuers Company were required to file such reports. All such reports will be prepared in all material respects in accordance with the rules and regulations applicable to such reports. Each annual report on Form 10-K will include a report on the Company’s consolidated financial statements by the Company’s certified independent accountants. In addition, the Company will file a copy of each of the reports referred to in clauses (1) and (2) above with the SEC for public availability within the time periods specified in the rules and regulations applicable to such reports (unless the SEC will not accept such a filing) and will post the reports on its website within the time periods specified in this Indenture. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). (b) If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto, and in Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, 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 . (c) If, at any time, the Company is no longer subject to the contrary set forth aboveperiodic reporting requirements of the Exchange Act for any reason, the Company will nevertheless continue filing the reports specified in the preceding paragraph with the SEC within the time periods specified above unless the SEC will not accept such a filing. The Company agrees that it will not take any action for the purpose of causing the SEC not to accept any such filings. If, notwithstanding the foregoing, the SEC will not accept the Company’s filings for any reason, the Company will post the reports referred to in Section 4.03(a) on its website within the time periods that would apply if the Company were required to file those reports with the SEC. (d) In addition, the Company and the Guarantors agree that, for so long as the Issuers any Notes remain outstanding, at any time they are direct or indirect wholly-owned Subsidiaries of CCI, if CCI has furnished Holders and filed electronically with the Securities and Exchange Commission, not required to file the reports described in required by the preceding paragraphs with respect the SEC, they will furnish to CCI (including any consolidating financial the Holders and to securities analysts and prospective investors, upon their request, the information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with delivered pursuant to Rule 144A(d)(4) under the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates)Securities Act.

Reports. Whether or not required by the Commission, so long as any Notes are outstanding, the Issuers shall furnish to Holders and the Trustee, within the time periods specified in the Commission's ’s rules and regulations: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Issuers were required to file such forms, including a “Management's ’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 Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto, and in Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, 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 whollymajority-owned Subsidiaries of CCIany Parent (or other Person which, directly or indirectly, owns a majority of the outstanding common equity interests of the Issuers), if CCI such Parent (or other Person which, directly or indirectly, owns a majority of the outstanding common equity interests of the Issuers) has provided a guarantee with respect to the Notes and has furnished Holders and filed electronically with the Securities and Exchange Commission, the reports described in the preceding paragraphs with respect to CCI such Parent (or other Person which, directly or indirectly, owns a majority of the outstanding common equity interests of the Issuers) (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's ’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' ’ compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' ’ Certificates).

Reports. (a) Whether or not required by the Commission, so long as any Notes are outstanding, the Issuers shall Company will furnish to Holders and the TrusteeHolders, within the time periods specified in the Commission's rules and regulations: (1i) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Issuers Company were required to file such formsForms, including a “"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 by the Company by its Company's certified independent public accountants; and (2ii) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuers Company were required to file such reports. . (b) If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto, and if the Company or any of its Restricted Subsidiaries has made an Investment of at least $0.1 million in such Unrestricted Subsidiary, in "Management's Discussion and Analysis of Financial Condition and Results of Operations, ," 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. (c) In addition, following the consummation of the Exchange Offer contemplated by the Registration Rights Agreement, whether or not required by the Commission, the Company will file a copy of all of the information and reports referred to in clauses (a)(i) and (a)(ii) above with the 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 securities analysts and prospective investors upon request. Notwithstanding anything to In addition, the contrary set forth aboveCompany and the Guarantors have agreed that, for so long as any Notes remain outstanding, they will furnish to the Issuers are direct or indirect wholly-owned Subsidiaries of CCIholders and to securities analysts and prospective investors, if CCI has furnished Holders and filed electronically with upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities and Exchange Commission, the reports described in the preceding paragraphs with respect Act. (d) The Trustee shall not be under a duty to CCI (including review or evaluate any consolidating financial report or information required by Regulation S-X relating delivered to the Issuers), the Issuers shall be deemed Trustee pursuant to be in compliance with the provisions of this Section 4.034.03 for the purposes of making such reports available to it and to the Holders of Notes who may request such information. Delivery of such reports, information and documents to the Trustee as may be required 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 Issuers' Company's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates).

Reports. Whether or not required by the Commission, so long as any Notes are outstanding, the Issuers Issuer shall furnish to Holders and electronically file with the Trustee, within Commission by the time periods respective dates specified in the Commission's ’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 financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Issuers Issuer were required to file such formsForms, including a “Management's ’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 by the Company by its Issuer’s certified independent public accountants; and (2b) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuers Issuer were required to file such reports. ; If such filings with the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, Commission are not then the quarterly and annual financial information required permitted by the preceding paragraph shall include a reasonably detailed presentationCommission, either or such filings are not generally available on the face Internet free of charge, the Issuer shall, within 15 days of each Required Filing Date, transmit by mail to Holders of the financial statements or Notes, as their names and addresses appear in the footnotes theretoNote register, without cost to such Holders of the Notes, and in Management's Discussion and Analysis of Financial Condition and Results of Operations, file with the Trustee copies of the financial condition and results of operations of information or reports that the Company and its Restricted Subsidiaries separate from Issuer would be required to file with the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. Notwithstanding anything Commission pursuant to the contrary set forth above, for so first paragraph of this Section 4.4 if such filing were then permitted. So long as the Issuers are direct or indirect wholly-owned Subsidiaries of CCI, if CCI has furnished Holders and filed electronically Parent Guarantor complies with the Securities requirements of Rules 3-10 and Exchange Commission, the reports described in the preceding paragraphs with respect to CCI (including any consolidating financial information required by 13-01 of Regulation S-X relating to promulgated by the IssuersCommission (or any successor provision), the Issuers reports, information and other documents required to be filed and furnished to Holders of the Notes pursuant to this Section 4.4 may, at the option of the Issuer, be filed by and be those of the Parent Guarantor rather than the Issuer. The availability of the foregoing reports on the Commission’s E▇▇▇▇ service (or successor thereto) shall be deemed to be in compliance with satisfy the provisions of this Section 4.03Issuer’s delivery obligations to the Trustee and Holders. 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 Issuers' 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 Issuer’s or any other person’s compliance with any of the covenants under the Indenture, to determine whether the Issuer posts reports, information or documents on the SEC’s website (including via the E▇▇▇▇ filing system), the Issuer’s (or Parent Guarantor’s) website or otherwise, to collect any such information from the SEC’s website (including via the E▇▇▇▇ filing system), the Issuer’s (or Parent Guarantor’s) website or otherwise, or to review or analyze reports delivered to it to ensure compliance with the provisions of 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) Whether or not required by the Commissionrules and regulations of the SEC, so long as any Notes are outstanding, the Issuers shall furnish Company will provide to Holders and the Trustee, within if not filed electronically with the time periods specified in the Commission's rules and regulations: (1) SEC, all quarterly and annual financial information that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K if the Issuers Company were required to file such formsForms, including a “"Management's Discussion and Analysis of Financial Condition and Results of Operations” section and, with respect to " that describes the annual information only, a report on the annual consolidated financial statements condition and results of operations of the Company by and its independent public accountants; and consolidated Subsidiaries (2) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentationshowing in reasonable detail, either on the face of the financial statements or in the footnotes thereto, thereto and in Management's Discussion and Analysis of Financial Condition and Results of Operations, 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 aboveconsolidated Subsidiaries), for so long as the Issuers are direct or indirect wholly-owned Subsidiaries of CCIand, 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 (including any consolidating financial the annual information required only, a report thereon by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03Company's certified independent accountants. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' Company's compliance with any of its covenants hereunder (as to which the Trustee is entitled to 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 otherwise. All such reports will be prepared in all material respects in accordance with all of the rules and regulations applicable to such reports. Following the consummation of the Registered Exchange Offer contemplated by the Registration Rights Agreement, whether or not required by the rules and regulations of the SEC, the Company will 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). (b) 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 paragraph (a) of this Section 4.03, the Company and the Guarantors will 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.

Reports. (a) Whether or not required by the rules and regulations of the Commission, so long as any Subordinated Notes are outstanding, the Issuers Company shall furnish to the Holders and the Trustee, within the time periods specified in the Commission's rules and regulations: of Subordinated Notes (1i) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Issuers Company were required to file such formsForms, including a “"Management's Discussion and Analysis of Financial Condition and Results of Operations” section and, with respect to " that describes the annual information only, a report on the annual consolidated financial statements condition and results of operations of the Company by and its independent public accountants; and consolidated Subsidiaries (2) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentationshowing in reasonable detail, either on the face of the financial statements or in the footnotes thereto, thereto and in "Management's Discussion and Analysis of Financial Condition and Results of Operations, 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 Company ) and, with respect to the contrary set forth aboveannual information only, a report thereon by the Company's certified independent accountants and (ii) all current reports that would be required to be filed with the 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 regulations. In addition, following the consummation of the exchange offer contemplated by the Registration Rights Agreement, whether or not required by the rules and regulations of the Commission, the Company shall file a copy of all such information and reports with the 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 securities analysts and prospective investors upon request. (b) For so long as any Subordinated Notes remain outstanding, the Issuers are direct or indirect wholly-owned Subsidiaries of CCI, if CCI has furnished Company shall furnish to the Holders and filed electronically with to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities and Exchange Commission, the reports described in the preceding paragraphs with respect to CCI (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates)Act.

Reports. (a) Whether or not required by the Commission, so long as any Notes are outstanding, the Issuers shall Company will post on the Company Website and furnish to the Trustee and to any of the Holders and the TrusteeBeneficial Owners of Notes (by hard copy or internet access), in each case, within five Business Days of the time periods specified in date such filing would otherwise be required to be made with the Commission's rules and regulations: (1i) all quarterly and annual financial and other information with respect to the Company and its Subsidiaries that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Issuers Company were required to file such formsForms, including a “Management's Discussion prepared in all material respects in accordance with the rules and Analysis of Financial Condition and Results of Operations” section regulations applicable to such Forms, and, with respect to the annual information only, a report on the annual consolidated financial statements of that would be required to be contained in a Form 10-K by the Company by its Company’s certified independent public accountants; and (2ii) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuers Company were required to file such reports. . (b) If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries (other than Unrestricted Subsidiaries that, when taken together with all other Unrestricted Subsidiaries, would not be a Significant Subsidiary), then the quarterly and annual financial information required by the preceding paragraph Section 4.03(a)(i) shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto, and to the financial statements or in Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, 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 . (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. c) Delivery of such reports, information and documents to the Trustee under this Section 4.03 is for informational purposes only and the Trustee's ’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 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 will not be obligated to monitor or confirm, on a continuing basis or otherwise, the Company’s compliance with this Section 4.03 or to determine whether such reports, information or documents have been posted on any website or filed with the Commission. (d) The Company will be deemed to have furnished to the Trustee and Holders and Beneficial Owners of Notes the reports and information referred to above in this Section 4.03 if the Company has filed them with the Commission. For purposes of this Section 4.03, the term “Company Website” means the collection of web pages that may be accessed on the World Wide Web using the URL address ▇▇▇▇://▇▇▇.

Reports. Whether or not (a) Since January 1, 1997, the Seller has timely filed with the SEC and the NASD all Securities Documents required by the Commission, so long as Securities Laws and such Securities Documents complied in all material respects with the Securities Laws and did not contain any Notes are outstanding, the Issuers shall furnish untrue statement of a material fact or omit to Holders and the Trustee, within the time periods specified in the Commission's rules and regulations: (1) all quarterly and annual financial information that would be state any material fact required to be contained stated therein or necessary in a filing with order to make the Commission on Forms 10-Q statements therein, in light of the circumstances under which they were made, not misleading. (b) The Seller, the Seller's Bank and 10-K if each of the Issuers were required Seller's Subsidiaries has timely filed and made available to file such the Buyer true and complete copies of all forms, including a “Management's Discussion reports 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 documents required to be filed by each of them with all appropriate federal or state governmental or regulatory authorities charged with the Commission on Form 8-K if supervision of banks or bank holding companies or engaged in the Issuers were required to file 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 all laws, rules and regulations enforced or promulgated by such reportsBank Regulators. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required Except for normal periodic examinations conducted by the preceding paragraph shall include a reasonably detailed presentationFDIC, either on the face Massachusetts Commissioner or any other Bank Regulator in the regular course of the financial statements or in the footnotes thereto, and in Management's Discussion and Analysis of Financial Condition and Results of Operations, business of the financial condition Seller, the Seller's Bank and results the Seller's Subsidiaries (the "Bank Examinations"), no Bank Regulator has initiated any proceeding or, to the knowledge of the Seller, investigation into the business or operations of the Company and its Restricted Subsidiaries separate from Seller, the financial condition and results of operations Seller's Bank or any of the Unrestricted Seller's Subsidiaries of the Companysince December 31, 1996. 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 CommissionThe Seller, the reports described in Seller's Bank and the preceding paragraphs Seller's Subsidiaries have not received any objection from any regulatory agency to any of their responses to any violation, criticism or exception by any Bank Regulator with respect to CCI (including any consolidating financial information required by Regulation S-X report or statement relating to the Issuers)any examinations, the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates)objection remains unresolved.

Reports. Whether or not required by the CommissionSEC, so long as any Notes are outstanding, the Issuers Company shall furnish to the Holders of Notes and the Trustee, within the time periods specified in the CommissionSEC's rules and regulations: (1i) all quarterly and annual financial information that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K if the Issuers Company were required to file such formsForms, including a “"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 by the Company by its Company's certified independent public accountants; and (2ii) all current reports that would be required to be filed with the Commission SEC on Form 8-K if the Issuers Company were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then then, to the extent permitted by applicable law, the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, 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, 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 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 contrary set forth aboveTrustee and 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. Moreover, the Company has agreed, and any Guarantor shall agree, that, for so long as any Notes remain outstanding, it shall furnish to the Issuers are direct or indirect wholly-owned Subsidiaries of CCI, if CCI has furnished Holders and filed electronically with to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities and Exchange Commission, the reports described in the preceding paragraphs with respect to CCI (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03Act. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' Company's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates).

Reports. Whether or not required by the Commissionrules and regulations of the SEC, so long as any Notes are outstanding, the Issuers Company shall furnish to the Holders and the Trustee, within the time periods specified in the Commission's rules and regulations: of Notes (1i) all quarterly and annual financial information that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K if the Issuers Company were required to file such formsForms, including a “"Management's Discussion and Analysis of Financial Condition and Results of Operations” section " and, with respect to the annual information only, a report on thereon by the annual consolidated financial statements of the Company by its Company's certified independent public accountants; and accountants and (2ii) all current reports that would be required to be filed with the Commission SEC on Form 8-K if the Issuers Company were required to file such reports, in each case within the time periods specified in the SEC's rules and regulations. If In addition, whether or not required by the rules and regulations of the SEC, the Company has designated any shall file a copy of its Subsidiaries as Unrestricted Subsidiaries, then all such information and reports with the quarterly SEC for public availability within the time periods set forth in the SEC's rules and annual regulations (unless the SEC will not accept such a filing) and make such information available to securities analysts and prospective investors upon request. In addition to the 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 Restricted 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 shall include a reasonably detailed presentationsentence may, either on at the face election of the Company, be included in the footnotes to audited consolidated financial statements or in the footnotes thereto, and in Management's Discussion and Analysis of Financial Condition and Results of Operations, unaudited quarterly financial statements of the Company and shall be as of the same dates and for the same periods as the consolidated financial condition and results of operations statements 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 required pursuant 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 (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates)Act.

Reports. Whether or not required by the Commission, so long as any Notes are outstanding, the Issuers shall Company will furnish to the Holders and the Trusteeof Notes, within the time periods specified in the Commission's rules and regulations: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Issuers Company were required to file such formsForms, including a “"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 by the Company by its Company's certified independent public accountants; and (2) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuers Company were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall will include a reasonably detailed presentation, 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, 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 In addition, following the consummation of the exchange offer contemplated by the registration rights agreement, whether or not required by the Commission, the Company will file a copy of all of the information and reports referred to in clauses (1) and (2) above with the contrary set forth aboveCommission 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 securities analysts and prospective investors upon request. In addition, the Company and the Subsidiary Guarantors have agreed that, for so long as any Notes remain outstanding, they will furnish to the Issuers are direct or indirect wholly-owned Subsidiaries of CCI, if CCI has furnished Holders and filed electronically with to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities and Exchange Commission, the reports described in the preceding paragraphs with respect to CCI (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03Act. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' Company's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates).

Reports. Whether or not required by the Commission, so So long as any Notes are outstanding, the Issuers shall Company will furnish to the Holders and or cause the Trustee, within Trustee to furnish to the time periods specified in the Commission's rules and regulationsHolders: (1) within 120 days after the end of each fiscal year of the Company, all quarterly and annual financial information statements of the Company for such fiscal year that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-Form 10 K if the Issuers Company were required to file such formsForm, including a “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations” section and, with respect to that describes the annual information only, a report on the annual consolidated financial statements condition and results of operations of the Company by and its independent public accountants; and consolidated Subsidiaries (2) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentationshowing in reasonable detail, either on the face of the financial statements or in the footnotes thereto, thereto and in Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, of Operations 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) and a report on the annual financial statements by the Company’s certified independent accountants; (2) within 50 days after the end of each of the first three fiscal quarters of each fiscal year of the Company, all quarterly financial statements that would be required to be contained in a filing with the SEC on Form 10 Q if the Company were required to file such Form, 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 (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 Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company); and (3) promptly, and in any event within ten (10) Business Days, after the occurrence of an event that the Company determines in its good faith judgment is material to holders, reports summarizing such event and containing substantially the same information that would be required to be filed with the SEC on Form 8 K if the Company were required to file such reports. Notwithstanding anything Subject to the contrary set forth abovepreceding sentence, such events shall include (i) entry into material definitive agreements, (ii) termination of a material definitive agreement, (iii) bankruptcy or receivership, (iv) completion of acquisition or disposition of assets, (v) creation of a direct financial obligations or an obligation under an off balance sheet arrangement, (vi) triggering events that accelerate or increase a material direct financial obligation or an obligation under an off balance sheet arrangement, (vii) costs associated with exit or disposal activities, (viii) material impairments of assets, (ix) material modification to rights of security holders, (x) changes in accountants, (xi) non reliance on previously issued financial statements or a related audit report or completed interim review, (xii) changes in control, (xiii) departure of directors or certain officers; election of directors; appointment of certain officers; compensatory arrangements of certain officers, (xiv) amendments to articles of incorporation or bylaws and (xv) change in fiscal year; provided that reports provided pursuant to clauses (1) and (2) shall not be required to comply with (a) Sections 302, 906 and 404 of the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and Items ▇▇▇, ▇▇▇ ▇▇▇ ▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇-▇, (▇) Regulation G under the Exchange Act or item 10(e) of Regulation S-K with respect to any non-GAAP financial information contained therein or (c) Rule 3-10 (except for the inclusion of footnote disclosure of condensed consolidating financial information) or Rule 3-16 of Regulation S-X. In addition, the Company agrees that, for so long as any Notes remain outstanding, it will use commercially reasonable efforts to hold and participate in quarterly conference calls with holders of Notes, beneficial owners of the Issuers are Notes and securities analysts to discuss such financial information no later than ten business days after distribution of such financial information. Furthermore, the Company agrees that, for so long as any Notes remain outstanding, it will furnish to the holders of Notes, any beneficial owner of the Notes, securities analysts and prospective investors, upon their request, the information and reports described above and any other information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. The Company may satisfy its obligations in this Section 5.03 with respect to financial statements relating to the Company by furnishing financial statements relating to a Parent Entity; provided that the same is accompanied by consolidating information that explains in reasonable detail the differences (if any) between the information relating to such Parent Entity of the Company (and other direct or indirect wholly-owned Subsidiaries Parent Entities of CCIthe Company included in such information, if CCI has furnished Holders any), on the one hand, and filed electronically with the Securities and Exchange Commission, the reports described in the preceding paragraphs with respect to CCI (including any consolidating financial information required by Regulation S-X relating to the Issuers)Company and its Restricted Subsidiaries on a standalone basis, on the Issuers shall be deemed to be in compliance with other hand; and provided, further that such Parent Entity of the provisions of this Section 4.03. Delivery of such reports, information Company has guaranteed the Notes and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates)has no independent operations.

Reports. (a) Whether or not required by the Commissionrules and regulations of the SEC, so long as any Notes are outstanding, the Issuers shall Company and the Guarantors will furnish to Holders the Trustee and the Trustee, within Holders of the time periods specified in the Commission's rules and regulations: Notes (1i) all quarterly and annual financial information that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K if the Issuers Company and the Guarantors were required to file such formsForms, including a “"Management's Discussion and Analysis of Financial Condition and Results of Operations” section " 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 on thereon by the annual consolidated financial statements of Company's and the Company by its Guarantors' certified independent public accountants; and , and (2ii) all current reports that would be required to be filed with the Commission SEC on Form 8-K if the Issuers Company and the Guarantors were required to file such reports. If , in each case within the Company has designated any time periods specified in the SEC's rules and regulations (with the exception of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information that would be 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 Registration Rights Agreement, whether or not required by the preceding paragraph shall include a reasonably detailed presentation, either on the face rules and regulations of the financial statements or in the footnotes theretoSEC, and in Management's Discussion and Analysis of Financial Condition and Results of Operations, of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition Guarantors will file a copy of all such information 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 reports with the Securities and Exchange Commission, SEC for public availability within the reports described time periods specified in the preceding paragraphs with respect SEC's rules and regulations (unless the SEC will not accept such a filing) and make such information available to CCI (including any consolidating financial information required by Regulation S-X relating to securities analysts and prospective investors upon request. The Company and the Issuers), the Issuers Guarantors shall be deemed to be 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 compliance with each case within the provisions of this Section 4.03. Delivery of 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 documents regulations of the SEC (after giving effect to any exemptive relief) because of the filings by GCL or New GCL. The Company shall at all times comply with TIA (S) 314(a). (b) For so long as any Series A Notes remain outstanding (and regardless of the penultimate sentence of paragraph (a) above), the Company and the Guarantors shall furnish to the Trustee is for informational purposes only Holders and to securities analysts and prospective investors, upon their request, the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including required to be delivered pursuant to Rule 144A(d)(4) under the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates)Securities Act.

Reports. (a) Whether or not required by the CommissionSEC, so long as any Notes are outstanding, the Issuers shall Company will furnish to the Trustee and to the Holders and the Trusteeof Notes, within the time periods specified in the Commission's SEC’s rules and regulations including any extension periods available under such rules and regulations and excluding any requirement and time periods applicable to “accelerated filers” (as defined in Rule 12b-2 under the Exchange Act) under such rules and regulations, and make available to securities analysts and potential investors upon request: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K if the Issuers Company were required to file such formsForms, including a “Narrative Analysis of Results of Operations” or “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations,” section as applicable, and, with respect to the annual information only, a report on the annual consolidated financial statements of by the Company by its Company’s certified independent public accountants; and (2) all current reports that would be required to be filed with the Commission SEC on Form 8-K if the Issuers Company were required to file such reports. Notwithstanding the foregoing, the Company will not be required to furnish any information or reports that are separate from information or reports furnished by Huntsman Corporation, and the requirements specified in this Section 4.03 will be deemed to be satisfied upon Huntsman Corporation’s filing of its required reports with the SEC; provided that the consolidated assets, liabilities, revenues and net income of Huntsman Corporation are substantially similar to those of the Company at the time of such filing. (b) If the Company has designated as an Unrestricted Subsidiary any of its Subsidiaries as Unrestricted Subsidiariesthat would constitute a Significant Subsidiary, then the quarterly and annual financial information required by the preceding paragraph shall Section 4.03(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes or schedules thereto, and or in Narrative Analysis of Results of Operations or Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, as applicable, 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 any such Unrestricted Subsidiaries of the Company. Notwithstanding anything to . (c) In the contrary set forth above, for so long as the Issuers are event that any direct or indirect wholly-owned Subsidiaries parent company of CCI, if CCI has furnished Holders and filed electronically with the Securities and Exchange CommissionCompany is or becomes a Guarantor of the Notes, the reports described in Company may satisfy the preceding paragraphs requirements of this Section 4.03 with respect to CCI (including any consolidating financial information required relating to the Company by furnishing financial information relating to such direct or indirect parent company as provided in Section 3-10 of Regulation S-X relating under the Exchange Act. (d) For so long as any Notes remain outstanding, if at any time they are not required to file with the IssuersSEC the reports required by Sections 4.03(a) and (b), the Issuers shall be deemed Company and the Guarantors will furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be in compliance with delivered pursuant to Rule 144A(d)(4) under the provisions of this Section 4.03. Securities Act. (e) Delivery of such reports, information the reports and documents described above to the Trustee is for informational purposes only only, and the Trustee's ’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' Issuer’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to conclusively rely exclusively on an Officers' Certificates’ Certificate). (f) For purposes of this Section 4.03, the Company will be deemed to have furnished such reports referred to above to the Trustee and the Holders it has filed such reports with the SEC via the ▇▇▇▇▇ filing system and such reports are publicly available; provided, however, that the Trustee shall have no obligation to determine whether or not the Company shall have made such filings.

Reports. Whether or not required by the Commissionrules and regulations of the SEC, so long as any Notes Securities are outstanding, the Issuers Company shall furnish to Holders and the Trustee, within the time periods specified in the Commission's rules and regulations: Trustee (1i) all quarterly and annual financial information that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K if the Issuers Company were required to file such formsForms, including a “"Management's Discussion and Analysis of Financial Condition and Results of Operations” section and, with respect to " that describes the annual information only, a report on the annual consolidated financial statements condition and results of operations of the Company by and its independent public accountants; and consolidated Subsidiaries (2) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentationshowing in reasonable detail, either on the face of the financial statements or in the footnotes thereto, thereto and in Management's Discussion and Analysis of Financial Condition and Results of Operations, of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate separately from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. Notwithstanding anything to the contrary set forth above) and, 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 the annual information only, a report thereon by the Company's certified independent accountants and (including any consolidating financial information ii) 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 addition, whether or not required by Regulation S-X relating to the Issuers)rules and regulations of the SEC, the Issuers Company shall be deemed to be in compliance file a copy of all such information and reports with the provisions of this Section 4.03SEC for public availability (unless the SEC will not accept such a filing) and make such information available to securities analysts and prospective investors upon request. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' Company's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates).

Reports. (a) Whether or not required by the Commissionrules and regulations of the SEC, so long as any Notes are outstanding, the Issuers shall Company will furnish to the Holders and the Trusteeof Notes, within 5 days of the time periods specified in the CommissionSEC's rules and regulations: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K if the Issuers Company were required to file such forms, including a “"Management's Discussion and Analysis of Financial Condition and Results of Operations” section " and, with respect to the annual information only, a report on thereon by the annual consolidated financial statements of the Company by its Company's certified independent public accountants; and (2) all current reports that would be required to be filed with the Commission SEC on Form 8-K if the Issuers Company were required to file such reports. In addition, following the consummation of the Exchange Offer contemplated by the 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 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 prospective investors upon request. The Company will at all times comply with TIA ss. 314(a). If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, 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, 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 Company. Notwithstanding anything . (b) The Trustee shall not be under a duty to review or evaluate any report or information delivered 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 Trustee pursuant to CCI (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.034.03 for the purposes of making such reports available to it and to the Holders of Notes who may request such information. Delivery of such reports, information and documents to the Trustee as may be required under 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 Issuers' Company's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates). (c) For so long as any Notes remain outstanding, the Company and the Guarantors will 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.

Reports. Whether or not required by the Commission, so long as any Notes are outstanding, the Issuers shall furnish to Holders and the Trustee, within the time periods specified in the Commission's ’s rules and regulations: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Issuers were required to file such forms, including a “Management's ’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 Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto, and in Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, 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 whollymajority-owned Subsidiaries of CCIany Parent (or 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), if CCI 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) has provided a guarantee with respect to the Notes and has furnished Holders and filed electronically with the Securities and Exchange Commission, the reports described in the preceding paragraphs with respect to CCI 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) (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's ’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' ’ compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' ’ Certificates).

Reports. (a) Whether or not required by the Commissionrules and regulations of the SEC, beginning with respect to the Company's fiscal quarter ended March 31, 2000 and continuing for so long as any Notes are outstanding, the Issuers Company shall furnish to the Holders and the Trustee, within the time periods specified in the Commission's rules and regulations: of Notes (1i) all consolidated quarterly and annual financial information that would be required to be contained in a filing with the Commission SEC on Forms 10-Q and 10-K if the Issuers Company were required to file such forms, including a “"Management's Discussion and Analysis of Financial Condition and Results of Operations” section " that describes the financial position and results of operations of the Company and its Subsidiaries and, with respect to the annual information only, a report on thereon by the annual consolidated financial statements of the Company by its Company's certified independent public accountants; and accountants and (2ii) all current reports that would be required to be filed with the Commission SEC on Form 8-K if the Issuers Company were required to file such reports, in each case, within the time periods specified in the SEC's rules and regulations. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, 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, 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 In addition, following consummation of the Exchange Offer whether or not required by the 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 the contrary set forth above, for securities analysts and prospective investors upon request. The Company shall at all times comply with TIA ss 314(a). (b) For so long as any Notes remain outstanding, the Issuers are direct or indirect wholly-owned Subsidiaries of CCI, if CCI has furnished Company shall furnish to the Holders and filed electronically with to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities and Exchange Commission, the reports described in the preceding paragraphs with respect to CCI (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates)Act.

Reports. Whether (a) Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or not required by 15(d) of the CommissionExchange Act, so long as any Notes are outstanding, the Issuers shall furnish to Holders and Company will file with the Trustee, Commission for public availability within the time periods period specified (after giving effect to all applicable grace periods) in the Commission's ’s rules and regulationsregulations under the Exchange Act (unless the Commission will not accept such a filing), and the Company will furnish to the Trustee and, upon its request, to any of the Holders, within ten Business Days of filing the same with the Commission: (1) all quarterly and annual financial and other information with respect to the Company and its Subsidiaries that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Issuers Company were required to file such forms, including a “Management's ’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 by the Company Company’s certified independent accountants and summary data relating to proved reserves required by its independent public accountantsthe Commission’s rules; and (2) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuers Company were required to file such reports. The Company’s filing of any such information, document or report with the Commission pursuant to its Electronic Data Gathering, Analysis and Retrieval (or ▇▇▇▇▇) system or any successor thereto shall satisfy the reporting obligations described above. The Company shall at all times comply with TIA § 314(a). (b) If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the quarterly and annual financial information required by the preceding paragraph Section 4.03(a) shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto, to the financial statements and in “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations, ,” 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 . (c) If, at any time, the Company is not subject to the contrary set forth abovereporting requirements of the Exchange Act, for it will, so long as any of the Issuers are direct or indirect wholly-owned Subsidiaries Notes will, at such time, constitute “restricted securities” within the meaning of CCI, if CCI has furnished Holders and filed electronically with Rule 144(a)(3) under the Securities and Exchange CommissionAct, upon the reports described in written request of a Holder, beneficial owner or prospective purchaser of the preceding paragraphs with respect to CCI (including any consolidating financial Notes, promptly furnish such Holder, Beneficial Owner or prospective purchaser the information required by Regulation S-X relating to be delivered pursuant to Rule 144A(d)(4) under the Securities Act to facilitate the resale of the notes pursuant to Rule 144A, as such rule may be amended from time to time. The Company will take such further action as any Holder or Beneficial Owner of such Notes may reasonably request to the Issuers), extent from time to time required to enable such holder or beneficial owner to sell the Issuers shall be deemed to be notes in compliance accordance with the provisions of this Section 4.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates).Rule 144A.

Reports. Whether or not required to file by the rules and regulations of the Commission, so long as any Notes are outstanding, the Issuers shall Company will file with the Commission (unless the Commission will not accept such filing) and furnish to the Trustee and Holders and the Trustee, within the time periods specified in the Commission's rules and regulationsof Notes: (1a) all quarterly and annual financial and other information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Issuers were Company was required to file such formsthese Forms, including a “Management's ’s Discussion and Analysis of Financial Condition and Results of Operations” section and, with respect to that describes the annual information only, a report on the annual consolidated financial statements condition and results of operations of the Company by and its independent public accountants; and consolidated Subsidiaries (2) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuers were required to file such reports. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiariesshowing in reasonable detail, then the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentation, 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, 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 ) and, with respect to the contrary set forth aboveannual information only, a report thereon by the Company’s certified independent accountants; and (b) all current reports that would be required to be filed with the Commission on Form 8-K if the Company was required to file these reports, in each case within the time periods specified in the Commission’s rules and regulations; provided, however, that the Company will not be required to (i) furnish such information to the Trustee or the registered Holders of the Notes to the extent such information is electronically filed with the Commission and is electronically available to the public free of cost, (B) comply with any segment reporting requirements (whether pursuant to GAAP or Regulation S‑X), or (C) provide separate financial statements or other information contemplated by Rule 13-01 or Rule 13-02 of Regulation S‑X. In addition, (i) at all times the Commission does not accept the filings provided for in the preceding sentence or (ii) the filings provided for in the preceding sentence do not contain the information required to be delivered upon request pursuant to Rule 144A(d)(4) under the Securities Act, then, in each case, the Company will, for so long as any Notes remain outstanding, furnish to the Issuers are direct or indirect wholly-owned Subsidiaries Holders of CCIthe Notes, if CCI has furnished Holders securities analysts and filed electronically with to any bona fide prospective investor that certifies it is a QIB, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities and Exchange Commission, the reports described in the preceding paragraphs with respect to CCI (including any consolidating financial information required by Regulation S-X relating to the Issuers), the Issuers shall be deemed to be in compliance with the provisions of this Section 4.03Act. Delivery of such reports, information and documents to the Trustee hereunder is for informational purposes only and the Trustee's ’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuers' Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates’ Certificates or certificates delivered pursuant to Section 4.04). The Trustee shall not be obligated to monitor or confirm, on a continuing basis or otherwise, the Company’s compliance with the covenants or with respect to any reports or other documents filed with the Commission or ▇▇▇▇▇ or any website as set forth under this Indenture, or participate in any conference calls.