Common use of SEC Reports and Reports to Holders Clause in Contracts

SEC Reports and Reports to Holders. Whether or not the Company and the Parent are subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company and the Parent shall deliver or make available to the Trustee (and if the Company and the Parent are not subject to such reporting requirements, to each Holder of Notes), within five days after the Company and the Parent are or would have been (if the Company and the Parent were subject to such reporting obligations) required to file such statements with the SEC, annual and quarterly financial statements substantially equivalent to financial statements that would have been included in reports filed with the SEC, if the Company and the Parent were subject to the requirements of Section 13 or 15(d) of the Exchange Act, including, with respect to annual information only, a report thereon by the Company's certified independent public accountants as such would be required in such reports to the Commission, and, in each case, together with a management's discussion and analysis of financial condition and results of operations which would be so required and, unless the Commission shall not accept such reports, file with the Commission the annual, quarterly and other reports which it is or would have been required to file with the Commission. In addition, the Issuers and the Guarantors agree that, prior to consummation of the Exchange Offer, they shall make available 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.

SEC Reports and Reports to Holders. Whether or not the Company and the Parent are is subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company and the Parent shall will deliver or make available to the Trustee (and if the Company and the Parent are not subject to such reporting requirements, to each Holder of Notes), within five 5 days after the Company and the Parent are is or would have been (if the Company and the Parent were was subject to such reporting obligations) required to file such statements with the SECCommission, (i) annual and quarterly financial statements substantially equivalent to financial statements that would have been included in reports on Forms 10-K or 10-Q and (ii) all information that would have been included in current reports on Form 8-K filed with the SECCommission, if the Company and the Parent were was subject to the requirements of Section 13 or 15(d) of the Exchange Act, including, with respect to annual information only, a report thereon by the Company's certified independent public accountants as such would be required in such reports to the Commission, and, in each case, together with a management's discussion and analysis of financial condition and results of operations which would be so required and, unless the Commission shall will not accept such reports, file with the Commission the annual, quarterly and other reports which it is or would have been required to file with the Commission. In addition, the Issuers Company and the Guarantors agree that, prior to consummation of the Exchange Offer, they shall will make available 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.

SEC Reports and Reports to Holders. Whether or not required by the Company rules and the Parent are subject to the reporting requirements of Section 13 or 15(d) regulations of the Exchange ActCommission, so long as any Notes are outstanding, the Company and will, within the Parent shall deliver or make available to the Trustee (and time periods that would be applicable if the Company and the Parent are not subject to such reporting requirements, to each Holder of Notes), within five days after the Company and the Parent are or would have been (if the Company and the Parent were subject to such reporting obligations) was required to file such statements reports, furnish to the Holders of Notes all quarterly and annual financial information that would be required to be contained in a filing with the SEC, annual Commission on Forms 10-Q and quarterly financial statements substantially equivalent to financial statements that would have been included in reports filed with the SEC, 10-K if the Company and the Parent were subject was required to the requirements file such forms (other than any separate financial statements of Section 13 or 15(d) any Subsidiary of the Exchange ActCompany that would be required to be included in any such filing), includingincluding a “Management’s discussion and analysis of financial condition and results of operations” and, with respect to the annual information only, a report thereon by the independent registered public accounting firm of the Company's certified independent public accountants as such would be required in such reports to the Commission, and, in each case, together with a management's discussion and analysis of financial condition and results of operations which would be so required and. Additionally, unless the Commission shall will not accept such reportsfilings, the Company will file with the Commission the annual, quarterly and other all such reports which it is or would have been required to file with the Commission. The availability of the foregoing materials on the SEC’s XXXXX service or on the Company’s website shall be deemed to satisfy the Company’s delivery obligation. Delivery of reports, information and documents to the Trustee under this Section is for informational purposes only and the Trustee’s receipt of the foregoing shall not constitute constructive notice of any information contained therein or determinable from information contained therein. In addition, for so long as any Notes remain outstanding, if at any time the Issuers and Company has not filed the Guarantors agree thatSEC reports required by the preceding paragraph, prior to consummation of the Exchange Offer, they Company shall make available to the holders 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.

SEC Reports and Reports to Holders. Whether or not the Company and the Parent are is subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company and the Parent shall will deliver or make available to the Trustee (and if the Company and the Parent are not subject to such reporting requirementsTrustee, to each Holder of Notes), and potential investors in the Notes and Securities analysts, in each case, identified by a Holder of the Notes, within five 10 days after the Company and the Parent are is or would have been (if the Company and the Parent were was subject to such reporting obligations) required to file such statements with the SECCommission, (i) annual and quarterly financial statements substantially equivalent to financial statements that would have been included in reports on Forms 10-K or 10-Q and (ii) all information that would have been included in current reports on Form 8-K filed with the SECCommission, if the Company and the Parent were was subject to the requirements of Section 13 or 15(d) of the Exchange Act, including, with respect to annual information only, a report thereon by the Company's ’s certified independent public accountants as such would be required in such reports to the Commission, and, in each case, together with a management's ’s discussion and analysis of financial condition and results of operations which would be so required and, unless the Commission shall not accept required. Delivery of such reports, file information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute notice or constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Company shall cause its management to participate in quarterly conference calls to discuss the results of operations with the Commission Holders of the annual, quarterly and other reports which it is or would have been required to file with the CommissionNotes. In addition, the Issuers Company and the Guarantors agree that, prior to consummation of the Exchange Offer, that they shall will make available 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.

SEC Reports and Reports to Holders. Whether or not the Company and the Parent are is subject to the reporting requirements of Section 13 or 15(d) 15 of the Exchange Act, the Company and the Parent shall will deliver or make available to the Trustee (and if the Company and the Parent are not subject to such reporting requirements, to each Holder of Notes), within five 5 days after the Company and the Parent are is or would have been (if the Company and the Parent were was subject to such reporting obligations) required to file such statements with the SECCommission, (i) annual and quarterly financial statements substantially equivalent to financial statements that would have been included in reports on Forms 10-K or 10-Q and (ii) all information that would have been included in current reports on Form 8-K filed with the SECCommission, if the Company and the Parent were subject to the requirements of Section 13 or 15(d) of the Exchange Act, including, with respect to annual information only, a report thereon by the Company's certified independent public accountants as such would be required in such reports to the Commission, and, in each case, together with a management's discussion and analysis of financial condition and results of operations which would be so required and, unless the Commission shall will not accept such reports, file with the Commission the annual, quarterly and other reports which it is or would have been required to file with the Commission. In addition, the Issuers Company and the Guarantors agree that, prior to consummation of the Exchange Offer, they shall will make available 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.

SEC Reports and Reports to Holders. Whether or not the Company and the or Parent are is subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company and the Parent shall deliver or make available to the Trustee (and if the Company and the Parent are not subject to such reporting requirements, to each Holder and prospective purchasers of Notes)Notes identified to the Company by an Initial Purchaser, within five 5 days after the Company and the Parent are or would have been (if the Company and the or Parent were subject to such reporting obligations) required to file such statements with the SEC, annual and quarterly financial statements substantially equivalent to financial statements that would have been included in reports filed with the SECon Forms 10-K or 10-Q, if the Company and the Parent were subject to the requirements of Section 13 or 15(d) of the Exchange Act, including, with respect to annual information only, a report thereon by the Company's certified independent public accountants as such would be required in such reports to the CommissionSEC, and, in each case, together with a management's discussion and analysis of financial condition and results of operations which would be so required and, unless the Commission SEC shall not accept such reports, file with the Commission SEC the annual, quarterly and other reports which it is or would have been required to file with the CommissionSEC. In addition, the Issuers Company, Parent and the Guarantors Holdings agree that, that prior to the consummation of the Exchange Offer, they shall make available to the holders and to the securities analysts and prospective investors, investors upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. Delivery of such reports, information and documents to the Trustee is for informational purposes only 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' Certificate).

SEC Reports and Reports to Holders. Whether or not the Company and the Parent are is subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company and the Parent shall will deliver or make available to the Trustee (and if the Company and the Parent are not subject to such reporting requirements, to each Holder of Notes), within five 15 days after the Company and the Parent are is or would have been (if the Company and the Parent were was subject to such reporting obligations) required to file such statements with the SEC, (i) annual and quarterly financial statements substantially equivalent to financial statements that would have been included in reports filed with the SEC, if the Company and the Parent were subject to the requirements of Section 13 on Forms 10-K or 15(d) of the Exchange Act, 10-Q (including, with respect to annual information only, a report thereon by the Company's certified independent public accountants as such would be required in such reports to the CommissionSEC, and, in each case, together with a management's discussion and analysis of financial condition and results of operations which would be so required required) and (ii) all information that would have been included in current reports on Form 8-K filed with the SEC, if the Company were subject to the requirements of Section 13 or 15(d) of the Exchange Act, and, unless the Commission shall SEC will not accept such reports, file with the Commission SEC the annual, quarterly and other reports which it is or would have been required to file with the CommissionSEC. In addition, the Issuers Company and the Guarantors agree that, prior to consummation of the Exchange Offer, they shall will make available 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.