Common use of Reports to Holders Clause in Contracts

Reports to Holders. Whether or not required by the SEC, the Parent shall furnish to the Holders of Securities, within the time periods specified in the SEC’s rules and regulations (including any grace periods or extensions permitted by the SEC): (1) all quarterly and annual financial information that would be required to be contained in a filing with the SEC on Forms 10-Q and 10-K if the Parent were required to file these Forms, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, an audit report on the annual financial statements by the Parent’s certified independent accountants and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Parent were required to file these reports. In addition, whether or not required by the SEC, the Parent shall file a copy of all of the information and reports referred to in clauses (1) and (2) of this Section 4.02 with the SEC for public availability within the time periods specified in the SEC’s rules and regulations (unless the SEC will not accept the filing) and make the information available to securities analysts and prospective investors upon request. At any time that there shall be one or more Unrestricted Subsidiaries that, in the aggregate, hold more than 15.0% of Consolidated Tangible Assets, 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 of the financial condition and results of operations of the Parent and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries. In addition, for so long as any Securities remain outstanding, if at any time the Parent is not required to file with the SEC the reports required by the preceding paragraphs, it shall furnish to the Holders of the Securities and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. In addition, the Parent shall: (1) hold a quarterly conference call to discuss the information contained in the reports not later than ten business days from the time Parent furnishes the reports to the trustee and (2) no fewer than three business days prior to the date of the conference call required to be held in accordance with clause (1) of this Section 4.02, issue a press release to the appropriate U.S. wire services announcing the time and date of such conference call and directing the holders or beneficial owners of, and prospective investors in, the securities and securities analysts and market makers to contact an individual at the Parent (for whom contact information shall be provided in such press release) to obtain the reports and information on how to access such conference call. The Company will also deliver to the Trustee, within 90 days after the end of each fiscal year, an Officers’ Certificate stating that, to the signing Officers’ knowledge, no Default has occurred under this Indenture, or, if a Default has occurred, what action the Company and/or Guarantors are taking or propose to take with respect thereto.

Reports to Holders. (a) Whether or not required by the SECIssuer is subject to Section 13(a) or 15(d) of the Exchange Act, the Parent shall furnish Issuer, the Co-Issuer and any Guarantor will, to the Holders of Securitiesextent permitted under the Exchange Act, within the time periods specified in the SEC’s rules and regulations (including any grace periods or extensions permitted by the SEC): (1) all quarterly and annual financial information that would be required to be contained in a filing file with the SEC on Forms 10the annual reports, quarterly reports and other documents which the Issuer, the Co-Q Issuer and 10-K if the Parent were such Guarantor would have been required to file these Formswith the SEC pursuant to Sections 13(a) or 15(d) of the Exchange Act if the Issuer, including a “Management’s Discussion and Analysis the Co-Issuer or such Guarantor were subject to such Sections of Financial Condition and Results of Operations” andthe Exchange Act, with respect to the annual information only, an audit report on the annual financial statements by the Parent’s certified independent accountants and (2) all current reports that would be required such documents to be filed with the SEC on Form 8or prior to the date (the “Required Filing Date”) by which the Issuer, the Co-K Issuer and such Guarantor would have been required so to file such documents if the Parent were required to file these reports. In addition, whether or not required by the SECIssuer, the Parent shall file Co-Issuer and such Guarantor were subject to the Exchange Act. If at any time the Notes are guaranteed by a copy of all direct or indirect parent of the information Issuer and reports referred to in clauses (1) and (2such company has complied with the reporting requirements of Section 13 or 15(d) of this Section 4.02 the Exchange Act, if applicable, and has furnished the Holders or filed electronically with the SEC for public availability within the time periods specified in the SEC’s rules and regulations Next-Generation XXXXX System (unless the SEC will not accept the filing) and make the information available to securities analysts and prospective investors upon request. At or any time that there shall be one or more Unrestricted Subsidiaries that, in the aggregate, hold more than 15.0% of Consolidated Tangible Assetssuccessor system), the quarterly and annual reports described herein with respect to such company, as applicable (including any financial information required by Regulation S-X under the preceding paragraph Securities Act relating to the Issuer, the Co-Issuer and the Guarantors), the Issuer, the Co-Issuer and the Guarantors shall include a reasonably detailed presentationbe deemed to be in compliance with the provisions of this covenant. The Issuer, either on the face Co-Issuer and any Guarantor will also in any event (1) within 15 days after each Required Filing Date file with the Trustee copies of the financial statements or in annual reports, quarterly reports and other documents which the footnotes thereto of Issuer, the financial condition Co-Issuer and results of operations of the Parent and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries. In addition, for so long as any Securities remain outstanding, if at any time the Parent is not such Guarantor would have been required to file with the SEC pursuant to Section 13(a) or Section 15(d) of the reports required Exchange Act if the Issuer, the Co-Issuer and such Guarantor were subject to either of such Sections of the Exchange Act and (2) if filing such documents by the preceding paragraphsIssuer, it shall furnish the Co-Issuer and such Guarantor with the SEC is not permitted under the Exchange Act or prior to the Holders Exchange Offer or the effectiveness of a shelf registration statement contemplated by the Registration Rights Agreement, promptly upon written request and payment of the Securities reasonable cost of duplication and delivery, supply copies of such documents to any prospective investorsholder at the Issuer’s cost. The Issuer, upon their requestthe Co-Issuer and each Guarantor shall be deemed to have satisfied the foregoing requirements if the relevant documents have been filed with the SEC. If the Co-Issuer’s, any Guarantor’s or secured party’s financial statements would be required to be included in the financial statements filed or delivered pursuant to this Indenture if the Issuer were subject to Section 13(a) or 15(d) of the Exchange Act, the Issuer shall include such financial statements in any filing or delivery pursuant to this Indenture. So long as any of the Notes remain outstanding, the Issuer will make available to any prospective purchaser of Notes or beneficial owner of Notes in connection with any sale thereof the information required to be delivered pursuant to by Rule 144A(d)(4) under the Securities Act. In addition, until the Parent shall: earlier of (1x) hold a quarterly conference call to discuss such time as the information contained in Issuer has exchanged the reports not later than ten business days from Notes for the time Parent furnishes the reports to the trustee Exchange Notes and (2y) no fewer than three business days prior to such time as the date of the conference call required to be held in accordance with clause (1) of this Section 4.02, issue a press release to the appropriate U.S. wire services announcing the time and date holders thereof have disposed of such conference call and directing Notes pursuant to an effective registration statement under the holders or beneficial owners of, and prospective investors in, the securities and securities analysts and market makers to contact an individual at the Parent (for whom contact information shall be provided in such press release) to obtain the reports and information on how to access such conference call. The Company will also deliver to the Trustee, within 90 days after the end of each fiscal year, an Officers’ Certificate stating that, to the signing Officers’ knowledge, no Default has occurred under this Indenture, or, if a Default has occurred, what action the Company and/or Guarantors are taking or propose to take with respect theretoSecurities Act.

Reports to Holders. Whether or not required by the SEC, the Parent Issuer shall furnish to the Holders of Securities, within the time periods specified in the SEC’s rules and regulations (including any grace periods or extensions permitted by the SECSEC and the additional time period provided by Rule 13a-13 of the Exchange Act for the Issuer’s first quarterly report): (1) all quarterly and annual financial information that would be required to be contained in a filing with the SEC on Forms 10-Q and 10-K if the Parent Issuer were required to file these Forms, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, an audit report on the annual financial statements by the ParentIssuer’s certified independent accountants and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Parent Issuer were required to file these reports; provided that, the foregoing delivery requirements will be deemed satisfied if the foregoing materials are publicly available on the SEC’s XXXXX system (or a successor thereto) within the applicable time periods specified above. In addition, whether or not required by the SEC, the Parent Issuer shall file a copy of all of the information and reports referred to in clauses (1) and (2) of this Section 4.02 with the SEC for public availability within the time periods specified in the SEC’s rules and regulations (unless the SEC will not accept the filing) and make the information available to securities analysts and prospective investors upon request. At any time that there shall be one or more Unrestricted Subsidiaries that, in the aggregate, hold more than 15.0% of the Issuer and its Subsidiaries’ Consolidated Tangible AssetsAssets as of the last date of the fiscal quarter for which financial statements are required to be delivered pursuant to clause (1) of this Section 4.02, the quarterly and annual financial information required by the preceding paragraph clause (1) of this Section 4.02 shall include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto of the financial condition and results of operations of the Parent Issuer and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries. In addition, for so long as any Securities remain outstanding, if at any time the Parent Issuer is not required to file with the SEC the reports required by the preceding paragraphs, it shall furnish to the Holders of the Securities and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. In addition, the Parent shall: (1) hold a quarterly conference call to discuss the information contained in the reports not later than ten business days from the time Parent furnishes the reports to the trustee and (2) no fewer than three business days prior to the date of the conference call required to be held in accordance with clause (1) of this Section 4.02, issue a press release to the appropriate U.S. wire services announcing the time and date of such conference call and directing the holders or beneficial owners of, and prospective investors in, the securities and securities analysts and market makers to contact an individual at the Parent (for whom contact information shall be provided in such press release) to obtain the reports and information on how to access such conference call. The Company Issuer will also deliver to the Trustee, within 90 days after the end of each fiscal year, an Officers’ Officer’s Certificate stating that, to the signing Officers’ Officer’s knowledge, no Default has occurred under this Indenture, or, if a Default has occurred, what action the Company Issuer and/or Subsidiary Guarantors are taking or propose to take with respect thereto.

Reports to Holders. (a) Whether or not Parent is then required by to file reports with the SEC, the Parent shall furnish to file with the Holders of Securities, within the time periods specified in the SEC’s rules and regulations SEC (including any grace periods or extensions permitted by the SEC): (1i) all quarterly and annual financial information reports that would be required to be contained in a filing filed with the SEC on Forms 10-Q and 10-K if the Parent were required to file these Forms, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, an audit report on the annual financial statements by the Parent’s certified independent accountants such reports and (2ii) all current reports that would be required to be filed with the SEC on Form 8-K if the Parent were required to file these reports. In additionsuch reports (including giving effect to any extension period under Rule 12b-25 under the Exchange Act) if it was subject thereto; provided, whether or not required however, that, if filing such documents by the SEC, the Parent shall file a copy of all of the information and reports referred to in clauses (1) and (2) of this Section 4.02 with the SEC for public availability is not permitted under the Exchange Act, Parent (x) shall, within 15 days after the time periods specified in the SEC’s rules and regulations (unless the SEC will not accept the filing) and make the information available to securities analysts and prospective investors upon request. At any time that there shall Parent would be one or more Unrestricted Subsidiaries that, in the aggregate, hold more than 15.0% of Consolidated Tangible Assets, 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 of the financial condition and results of operations of the Parent and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries. In addition, for so long as any Securities remain outstanding, if at any time the Parent is not required to file such information with the SEC if it were subject to Section 13 or 15(d) under the Exchange Act (including giving effect to any extension period under Rule 12b-25 under the Exchange Act), provide such documents and reports required by the preceding paragraphs, it shall furnish to the Holders Trustee and upon written request supply copies of the Securities such documents and prospective investors, upon their request, the information required reports to any Holder (which in each case may be delivered pursuant to Rule 144A(d)(4applicable Depository procedures) and (y) shall post such documents and reports on a website (which may be non-public) to which any Holder, prospective investors that certify that they are QIBs, institutional accredited investors or able to acquire the Notes in reliance on Regulation S under the Securities Act. In addition, the Parent shall: (1) hold a quarterly conference call to discuss the information contained in the reports not later than ten business days from the time Parent furnishes the reports to the trustee and (2) no fewer than three business days prior to the date of the conference call required to be held in accordance with clause (1) of this Section 4.02, issue a press release to the appropriate U.S. wire services announcing the time and date of such conference call and directing the holders or beneficial owners of, and prospective investors in, the securities and securities analysts and market makers are given access; provided, however, that the Trustee shall have no liability whatsoever to contact an individual at determine if such materials have been so posted. Notwithstanding the foregoing, if Parent satisfies its obligations in the preceding sentence by posting documents and reports on a website (for whom contact other than pursuant to the SEC’s XXXXX service or similar service), (a) Parent will not be required to furnish any information, certificates or reports required by (i) Section 302 or Section 404 of the Xxxxxxxx-Xxxxx Act of 2002, or related Items 307 or 308 of Regulation S-K, (ii) Regulation G or Item 10(e) of Regulation S-K promulgated by the SEC with respect to any non-GAAP financial measures contained therein, or (iii) Rule 3-09 of Regulation S-X, (b) such reports will not be required to contain the separate financial information contemplated by Rule 3-10 or Rule 3-16 of Regulation S-X and (c) such reports shall not be required to present compensation or beneficial ownership information. The availability of the foregoing materials on the SEC’s XXXXX service (or any successor thereto) shall be provided deemed to satisfy Parent’s obligations to furnish such materials to the Trustee or the Holders; provided, however, that the Trustee shall have no obligation whatsoever to determine whether or not such information, documents or reports have been filed pursuant to the XXXXX service (or its successor). 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 compliance by the Issuers with any of the covenants under this Indenture or by the Guarantors with any covenants hereunder (as to which in such press release) each case the Trustee is entitled to obtain the reports and information rely exclusively on how to access such conference callofficers’ certificates). The Company will also deliver Trustee shall not be obligated to monitor or confirm, on a 107 continuing basis or otherwise, our compliance with the Trustee, within 90 days after covenants or with respect to any reports or other documents filed with the end of each fiscal year, an Officers’ Certificate stating that, to the signing Officers’ knowledge, no Default has occurred SEC or website under this Indenture, oror participate in any conference calls. Delivery of reports to the Trustee shall not constitute knowledge of, if or notice to, the Trustee of the information contained therein. In the event that another parent entity of the Issuers becomes a Default has occurredGuarantor of the Notes, what action the Company and/or Guarantors are taking obligations to furnish the reports and other information described above may be satisfied by furnishing such reports filed by, or propose such information of, such other parent Guarantor, and the availability of such other parent Guarantor’s information on the SEC’s XXXXX service (or any successor thereto) shall be deemed to take with respect theretosatisfy such obligations.

Reports to Holders. Whether or not required by CNH Global is then subject to Section 13(a) or 15(d) of the SECExchange Act, the Parent shall CNH Global will furnish to the Holders Trustee and the Holders, so long as the Notes are outstanding: (i) reports on Form 6-K relating to quarterly financial information substantially in the form of Securitiesthe Form 6-K filed by CNH Global on October 27, 2005, as amended; provided that such reports on Form 6-K will be so furnished no later than 45 days after the end of the fiscal quarter relating to such quarterly report; and (ii) annual reports on Form 20-F substantially in the form of the Form 20-F filed by CNH Global for the fiscal year ended December 31, 2004; provided that such reports on Form 20-F will be so furnished no later than the date by which CNH Global would be required so to file such report if then required to file such a report under the Exchange Act; provided, however, that to the extent that CNH Global ceases to qualify as a “foreign private issuer” within the time periods specified in meaning of the SEC’s rules Exchange Act, whether or not CNH Global is then subject to Section 13(a) or 15(d) of the Exchange Act, CNH Global will furnish to the Trustee and regulations the Holders, so long as the Notes are outstanding (including any grace periods or extensions permitted by the SEC): (1x) all quarterly and annual financial information that would be required to be contained in a filing with the SEC Commission on Forms 10-Q and 10-K if the Parent CNH Global were required to file these Formssuch forms, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” that describes the financial condition and results of operations of CNH Global and its consolidated Subsidiaries and, with respect to the annual information only, an audit a report on the annual financial statements thereon by the ParentCNH Global’s certified independent accountants accountants; and (2y) all current reports that would be required to be filed with the SEC Commission on Form 8-K if the Parent CNH Global were required to file these such reports, in each case within the time periods specified in the Commission’s rules and regulations. In addition, whether or not required by the SECrules and regulations of the Commission, CNH Global will electronically file or furnish, as the Parent shall file case may be, a copy of all of the such information and reports referred to in clauses (1) and (2) of this Section 4.02 with the SEC Commission for public availability within the time periods specified in the SECCommission’s rules and regulations (unless the SEC Commission will not accept the such a filing) and make the such information available to securities analysts and prospective investors upon request. At any time that there shall be one or more Unrestricted Subsidiaries that, in the aggregate, hold more than 15.0% of Consolidated Tangible Assets, 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 of the financial condition and results of operations of the Parent and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries. In addition, for so long as any Securities Notes remain outstanding, if at any time the Parent is not required to file with the SEC the reports required by the preceding paragraphs, it shall CNH Global will furnish to the Holders of the Securities 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. In additionCNH Global shall also comply with the provisions of TIA Section 314(a). Should Case New Holland deliver to the Trustee any such information, reports or certificates or any annual reports, information, documents and other reports pursuant to Section 314(a) of the Parent shall: (1) hold a quarterly conference call to discuss the information contained in the Trust Indenture Act, delivery of such information, reports not later than ten business days from the time Parent furnishes the or certificates or any annual reports, information, documents and other reports to the trustee Trustee is for informational purposes only and (2) no fewer than three business days prior to the date of the conference call required to be held in accordance with clause (1) of this Section 4.02, issue a press release to the appropriate U.S. wire services announcing the time and date Trustee’s receipt of such conference call and directing shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including Case New Holland’s compliance with any of its covenants hereunder (as to which the holders or beneficial owners of, and prospective investors in, the securities and securities analysts and market makers Trustee is entitled to contact an individual at the Parent (for whom contact information shall be provided in such press release) to obtain the reports and information rely exclusively on how to access such conference call. The Company will also deliver to the Trustee, within 90 days after the end of each fiscal year, an Officers’ Certificate stating that, to the signing Officers’ knowledge, no Default has occurred under this Indenture, or, if a Default has occurred, what action the Company and/or Guarantors are taking or propose to take with respect theretoCertificates).

Reports to Holders. Whether or not required by Xxxxx is then subject to Section 13(a) or 15(d) of the SECExchange Act, the Parent shall furnish to the Holders of Securities, within the time periods specified in the SEC’s rules and regulations (including any grace periods or extensions permitted by the SEC): (1) all quarterly and annual financial information that would be required to be contained in a filing Xxxxx will electronically file with the SEC on Forms 10-Q and 10-K if the Parent were required to file these FormsCommission, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, an audit report on the annual financial statements by the Parent’s certified independent accountants and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Parent were required to file these reports. In addition, whether or not required by the SEC, the Parent shall file a copy of all of the information and reports referred to in clauses (1) and (2) of this Section 4.02 with the SEC for public availability within the time periods specified in the SEC’s rules and regulations (unless the SEC will not accept the filing) and make the information available to securities analysts and prospective investors upon request. At any time that there shall be one or more Unrestricted Subsidiaries that, in the aggregate, hold more than 15.0% of Consolidated Tangible Assets, 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 of the financial condition and results of operations of the Parent and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries. In addition, for so long as any Securities remain the Notes are outstanding, if at any time the Parent is not annual reports, quarterly reports and other periodic reports that Xxxxx would be required to file with the SEC Commission pursuant to Section 13(a) or 15(d) if Xxxxx were so subject, and such documents will be filed with the reports Commission on or prior to the respective dates (the "Required Filing Dates") by which Xxxxx would be required so to file such documents if Xxxxx were so subject, unless, in any case, such filings are not then permitted by the preceding paragraphsCommission. If such filings with the Commission are not then permitted by the Commission, it shall furnish or such filings are not generally available on the Internet free of charge, the Company will, without charge to the Holders Holders, within 15 days of each Required Filing Date, transmit by mail to Holders, as their names and addresses appear in the Note register, and file with the Trustee copies of the Securities annual reports, quarterly reports and prospective investorsother periodic reports that Xxxxx would be required to file with the Commission pursuant to Section 13(a) or 15(d) of the Exchange Act if it were subject to such Section 13(a) or 15(d) and, promptly upon their written request, supply copies of such documents to any prospective Holder or beneficial owner at Xxxxx'x cost. So long as any of the Notes remain restricted under Rule 144, Xxxxx will make available upon request to any prospective purchaser of Notes or beneficial owner of Notes in connection with any sale thereof the information required to be delivered pursuant to by Rule 144A(d)(4) under the Securities Act. In additionDelivery 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). All references in this Agreement to the filing of documents with the Commission includes, at such time as is permitted pursuant to this Section, the Parent shall: (1) hold a quarterly conference call to discuss the information contained in the reports not later than ten business days from the time Parent furnishes the reports to the trustee and (2) no fewer than three business days prior to the date delivering of the conference call required to be held in accordance with clause (1) of this Section 4.02, issue a press release to the appropriate U.S. wire services announcing the time and date of such conference call and directing the holders or beneficial owners of, and prospective investors in, the securities and securities analysts and market makers to contact an individual at the Parent (for whom contact information shall be provided in such press release) to obtain the reports and information on how to access such conference call. The Company will also deliver same to the Trustee, within 90 days after the end of each fiscal year, an Officers’ Certificate stating that, to the signing Officers’ knowledge, no Default has occurred under this Indenture, or, if a Default has occurred, what action the Company and/or Guarantors are taking or propose to take with respect thereto.

Reports to Holders. (a) Whether or not the Parent is then required by to file reports with the SEC, the Parent shall furnish to file with the Holders of Securities, within the time periods specified in the SEC’s rules SEC all such reports and regulations (including any grace periods or extensions permitted by the SEC): (1) all quarterly and annual financial other information that as it would be required to be contained in a filing file with the SEC on Forms 10-Q and 10-K by Section 13(a) or 15(d) under the Exchange Act if it was subject thereto; provided, however, that, if filing such documents by the Parent were with the SEC is not permitted under the Exchange Act, the Parent shall, within 15 days after the time the Parent would be required to file these Formssuch information with the SEC if it were subject to Section 13 or 15(d) under the Exchange Act, provide such documents and reports to the Trustee and upon written request supply copies of such documents and reports to any Holder and shall post such documents and reports on the Parent’s public website. The Parent shall supply the Trustee and each Holder or shall supply to the Trustee for forwarding to each such Holder, without cost to such Holder, copies of such reports and other information. Delivery of such 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 their covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). Notwithstanding the foregoing, such requirements to file such reports shall be deemed satisfied either (1) prior to the report required for the fiscal quarter ending June 30, 2011, by providing the financial information (including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, an audit report on the annual financial statements by the Parent’s certified independent accountants and (2section) all current reports that would be required to be filed with the SEC on Form 8-K if the Parent were required to file these reports. In addition, whether or not required by the SEC, the Parent shall file a copy of all of the information and reports referred to in clauses (1) and (2) of this Section 4.02 with the SEC for public availability within the time periods specified in the SEC’s rules and regulations (unless the SEC will not accept the filing) and make the information available to securities analysts and prospective investors upon request. At any time that there shall be one or more Unrestricted Subsidiaries that, in the aggregate, hold more than 15.0% of Consolidated Tangible Assets, 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 of the financial condition and results of operations of the Parent and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries. In addition, for so long as any Securities remain outstanding, if at any time the Parent is not required to file with the SEC the reports required by the preceding paragraphs, it shall furnish to the Holders of the Securities and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. In addition, the Parent shall: (1) hold a quarterly conference call to discuss the information contained in the reports not later than ten business days from the time Parent furnishes the such reports to the trustee and upon written request supplying copies of such information to any holder and posting such information on the Parent’s public website or (2) no fewer than three business days prior to and including the date of report required for the conference call required to be held in accordance with clause (1) of this Section 4.02fiscal quarter ending June 30, issue a press release to the appropriate U.S. wire services announcing the time and date of such conference call and directing the holders or beneficial owners of, and prospective investors in, the securities and securities analysts and market makers to contact an individual at the Parent (for whom contact information shall be provided in such press release) to obtain the reports and information on how to access such conference call. The Company will also deliver to the Trustee, within 90 days after the end of each fiscal year, an Officers’ Certificate stating that2011, to the signing Officers’ knowledgeextent the information required by such reports is contained in the exchange offer registration statement or shelf registration statement required by the Registration Rights Agreement then on file with the SEC, no Default has occurred under this Indenture, or, if a Default has occurred, what action the Company and/or Guarantors are taking or propose to take with respect including any amendments thereto.

Reports to Holders. Whether or not required by the SECCompany has a class of securities registered under the Exchange Act, the Parent Company shall furnish to file with the Holders of Securities, within SEC (whether or not the time periods specified in Company is a public reporting company at the SEC’s rules and regulations (including any grace periods or extensions permitted by the SECtime): (1i) all quarterly and annual financial reports on Form 20-F within 180 days after the end of each fiscal year (or any successor form) containing the information that would be required to be contained therein (or required in a filing with such successor form); (ii) within 45 days after the SEC end of each of the first three fiscal quarters of each fiscal year, reports on Forms 10-Q and 10Form 6-K if the Parent were required to file these Forms, (or any successor form) including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, an audit report on the annual and unaudited quarterly financial statements by of the Parent’s certified independent accountants Company; and (2iii) all current reports that would be promptly (but not necessarily in the time frames provided in Form 8-K) from time to time after the occurrence of an event required to be filed with therein reported, such other reports on Form 6-K (or any successor form) containing substantially the SEC on same information required to be contained in Form 8-K if the Parent were (or required to file these reportsin any successor form). In additionThe Company shall also in any event within 15 days of each filing described under (i), whether or not required by the SEC, the Parent shall file a copy of all of the information and reports referred to in clauses (1ii) and (2iii) above, furnish without cost to each Holder of this Section 4.02 with Second Priority Securities and the SEC for public availability within the time periods specified in the SEC’s rules and regulations (unless the SEC will not accept the filing) and make the information available to securities analysts and prospective investors upon requestTrustee, such documents. At any time that there shall be one or more Unrestricted Subsidiaries that, in the aggregate, hold more than 15.0% Each of Consolidated Tangible Assets, 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 of the financial condition and results of operations of the Parent and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries. In addition, for so long as any Securities remain outstanding, if at any time the Parent is not required to file with the SEC the reports required by this section shall be prepared in accordance with GAAP consistently applied and will be prepared in accordance with the preceding paragraphsapplicable rules and regulations of the SEC. The Company shall not be obligated to file any such reports with the SEC if the SEC does not permit such filings. The Company shall also comply with the other provisions of Section 314(a) of the Trust Indenture Act. In addition to the requirements, above, the Company shall also provide to each Holder of Second Priority Securities and the Trustee such documents that it is required to furnish under the First Priority Indenture and any indenture governing Indebtedness refinancing the First Priority Securities; provided however, the Company shall furnish not be obligated to provide any documents to the Holders of the Second Priority Securities and prospective investorsor the Trustee that it is required to furnish under an indenture governing Indebtedness refinancing the First Priority Securities, upon their request, the information if such documentation was not also required to be delivered pursuant to Rule 144A(d)(4) under the Securities ActFirst Priority Indenture. In addition, the Parent shall: Company shall deliver to the Trustee any “Reinvestment Notices” (1) hold a quarterly conference call to discuss the information contained as such term is defined in the reports not later than ten business days from the time Parent furnishes the reports First Priority Indenture) that are delivered to the trustee under the First Priority Indenture promptly after such delivery. Delivery of such reports, information and (2) no fewer than three business days prior documents to the date of Trustee is for informational purposes only and the conference call required to be held in accordance with clause (1) of this Section 4.02, issue a press release to the appropriate U.S. wire services announcing the time and date Trustee’s receipt of such conference call and directing shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the holders or beneficial owners of, and prospective investors in, Company’s compliance with any of its covenants hereunder (as to which the securities and securities analysts and market makers Trustee is entitled to contact an individual at the Parent (for whom contact information shall be provided in such press release) to obtain the reports and information rely exclusively on how to access such conference callOfficers’ Certificates). The Company will also deliver and each Guarantor shall, and the Company shall cause each Restricted Subsidiary to, furnish to the TrusteeTrustee evidence of the recording of this Indenture and the Liens created hereby and by the other Second Priority Documents in compliance with TIA Section 314(b), within 90 days after including, without limitation, the end of each fiscal year, an Officers’ Certificate stating that, to the signing Officers’ knowledge, no Default has occurred under this Indenture, or, if a Default has occurred, what action the Company and/or Guarantors are taking or propose to take with respect thereto.following evidence:

Reports to Holders. Whether or not required by the SEC, the Parent Company shall furnish to the Holders of Securities, within the time periods specified in the SEC’s rules and regulations (including any grace periods or extensions permitted by the SEC), the following reports (collectively, the “Financial Reports”): (1) all quarterly and annual financial information that would be required to be contained in a filing with the SEC on Forms 10-Q and 10-K if the Parent Company were required to file these Forms, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, an audit report on the annual financial statements by the ParentCompany’s certified independent accountants and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Parent Company were required to file these reports. In addition; provided that, whether or not required by the foregoing delivery requirements will be deemed satisfied if the foregoing materials are publicly available on the SEC, the Parent shall file ’s EXXXX system (or a copy of all of the information and reports referred to in clauses (1successor thereto) and (2) of this Section 4.02 with the SEC for public availability within the applicable time periods specified in the SEC’s rules and regulations (unless the SEC will not accept the filing) and make the information available to securities analysts and prospective investors upon requestthis paragraph. At any time that there shall be one or more Unrestricted Subsidiaries that, in the aggregate, hold more than 15.0% of Consolidated Tangible Assets, the annual and 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 thereto, of the financial condition and results of operations of the Parent Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries. In addition, the Company agrees that, for so long as any Securities remain outstanding, if at any time the Parent it is not required to file the Financial Reports with the SEC the reports required by the preceding paragraphsSEC, it shall furnish to the Holders of or beneficial owners of, and prospective investors in, the Securities and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. In addition, the Parent shallCompany will: (1) at any time that the Company is not required to file the Financial Reports with the SEC, post (within the applicable time periods specified in the first paragraph of this Section 4.02) the Financial Reports on (i) its public website or (ii) Intralinks or any comparable online data system, and, in the case of clause (ii), will make the Financial Reports readily available to the Holders and beneficial owners of, and prospective investors in, the Securities, any securities analyst (to the extent providing analysis of investment in the Securities) and any market maker in the Securities who agrees to treat such information as confidential or accesses such information on Intralinks or any comparable online data system (which may be password protected and require a customary confidentiality acknowledgment); provided that the Company shall make readily available any password or other login information to any such Holder or beneficial owner of, or prospective investor in, the Securities, securities analyst or market maker; and (2) hold a quarterly conference call to discuss the information contained in the reports Financial Reports not later than ten business days Business Days from the time Parent furnishes the reports to Company files with the trustee SEC or posts the applicable annual or quarterly Financial Report; and (2) no fewer than three business days Business Days prior to the date of the conference call required to be held in accordance with clause (1) of this Section 4.02call, issue a press release to the appropriate U.S. wire services announcing the time and date of such conference call and directing the holders or Holders and beneficial owners of, and prospective investors in, the securities Securities and securities analysts and market makers to contact an individual at the Parent Company (for whom contact information shall be provided in such press release) to obtain the reports Financial Report and information on how to access such conference call; provided that, so long as the common stock of the Company is listed on a national securities exchange and the Company holds earnings calls customary for companies so listed, the requirements in this clause (2) may be satisfied by the holding of such customary earnings calls. The Company will also deliver to the Trustee, within 90 days after the end of each fiscal year, an Officers’ Certificate stating that, to the signing Officers’ knowledge, no Default has occurred under this Indenture, or, if a Default has occurred, what action the Company and/or Guarantors are taking or propose to take with respect thereto. 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). The Trustee will have no duty to monitor, inquire as to or ascertain compliance with the covenants of the Company under this Indenture.

Reports to Holders. Whether or not required by CNH Global is then subject to Section 13(a) or 15(d) of the SECExchange Act, the Parent shall CNH Global will furnish to the Holders Trustee and the Holders, so long as the Notes are outstanding: (i) reports on Form 6-K relating to quarterly financial information substantially in the form of Securitiesthe Form 6-K filed by CNH Global on April 25, 2003; provided, that such reports on Form 6-K will be so furnished no later than 45 days after the end of the fiscal quarter relating to such quarterly report; and (ii) annual reports on Form 20-F substantially in the form of the Form 20-F filed by CNH Global for the fiscal year ended December 31, 2002; provided, that such reports on Form 20-F will be so furnished no later than the date by which CNH Global would be required so to file such report if then required to file such a report under the Exchange Act; provided, however, that to the extent that CNH Global ceases to qualify as a "foreign private issuer" within the time periods specified in meaning of the SEC’s rules Exchange Act, whether or not CNH Global is then subject to Section 13(a) or 15(d) of the Exchange Act, CNH Global will furnish to the Trustee and regulations the Holders, so long as the Notes are outstanding (including any grace periods or extensions permitted by the SEC): (1x) all quarterly and annual financial information that would be required to be contained in a filing with the SEC Commission on Forms 10-Q and 10-K if the Parent CNH Global were required to file these Formssuch forms, including a “"Management’s 's Discussion and Analysis of Financial Condition and Results of Operations” " that describes the financial condition and results of operations of CNH Global and its consolidated Subsidiaries and, with respect to the annual information only, an audit a report on the annual financial statements thereon by the Parent’s CNH Global's certified independent accountants accountants; and (2y) all current reports that would be required to be filed with the SEC Commission on Form 8-K if the Parent CNH Global were required to file these such reports, in each case within the time periods specified in the Commission's rules and regulations. In addition, whether or not required by the SECrules and regulations of the Commission, CNH Global will electronically file or furnish, as the Parent shall file case may be, a copy of all of the such information and reports referred to in clauses (1) and (2) of this Section 4.02 with the SEC Commission for public availability within the time periods specified in the SEC’s Commission's rules and regulations (unless the SEC Commission will not accept the such a filing) and make the such information available to securities analysts and prospective investors upon request. At any time that there shall be one or more Unrestricted Subsidiaries that, in the aggregate, hold more than 15.0% of Consolidated Tangible Assets, 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 of the financial condition and results of operations of the Parent and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries. In addition, for so long as any Securities Notes remain outstanding, if at any time the Parent is not required to file with the SEC the reports required by the preceding paragraphs, it shall CNH Global will furnish to the Holders of the Securities 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. In additionCNH Global shall also comply with the provisions of TIA Section 314(a). Should Case New Holland deliver to the Trustee any such information, reports or certificates or any annual reports, information, documents and other reports pursuant to Section 314(a) of the Parent shall: (1) hold a quarterly conference call to discuss the information contained in the Trust Indenture Act, delivery of such information, reports not later than ten business days from the time Parent furnishes the or certificates or any annual reports, information, documents and other reports to the trustee Trustee is for informational purposes only and (2) no fewer than three business days prior to the date of the conference call required to be held in accordance with clause (1) of this Section 4.02, issue a press release to the appropriate U.S. wire services announcing the time and date Trustee's receipt of such conference call and directing shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including Case New Holland's compliance with any of its covenants hereunder (as to which the holders or beneficial owners of, and prospective investors in, the securities and securities analysts and market makers Trustee is entitled to contact an individual at the Parent (for whom contact information shall be provided in such press release) to obtain the reports and information rely exclusively on how to access such conference call. The Company will also deliver to the Trustee, within 90 days after the end of each fiscal year, an Officers’ Certificate stating that, to the signing Officers’ knowledge, no Default has occurred under this Indenture, or, if a Default has occurred, what action the Company and/or Guarantors are taking or propose to take with respect thereto' Certificates).

Reports to Holders. Whether or not required by the SEC, the Parent shall furnish to the Holders of SecuritiesHolders, within the time periods specified in the SEC’s rules and regulations (including any grace periods or extensions permitted by the SEC): (1) all quarterly and annual financial information that would be required to be contained in a filing with the SEC on Forms 10-Q and 10-K if the Parent were required to file these Forms, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, an audit report on the annual financial statements by the Parent’s certified independent accountants and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Parent were required to file these reports. In addition, whether or not required by the SEC, the Parent shall file a copy of all of the information and reports referred to in clauses (1) and (2) of this Section 4.02 with the SEC for public availability within the time periods specified in the SEC’s rules and regulations (unless the SEC will not accept the filing) and make the information available to securities analysts and prospective investors upon request. At any time that there shall be one or more Unrestricted Subsidiaries that, in the aggregate, hold more than 15.0% of Consolidated Tangible Assets, 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 of the financial condition and results of operations of the Parent and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries. In addition, for so long as any Securities remain outstanding, if at any time the Parent is not required to file with the SEC the reports required by the preceding paragraphs, it shall furnish to the Holders of the Securities and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. In addition, the Parent shall: (1) hold a quarterly conference call to discuss the information contained in the reports not later than ten business days from the time the Parent furnishes the reports to the trustee and (2) no fewer than three business days prior to the date of the conference call required to be held in accordance with clause (1) of this Section 4.02, issue a press release to the appropriate U.S. wire services announcing the time and date of such conference call and directing the holders or beneficial owners of, and prospective investors in, the securities and securities analysts and market makers to contact an individual at the Parent (for whom contact information shall be provided in such press release) to obtain the reports and information on how to access such conference call. The Company will also deliver to the Trustee, within 90 days after the end of each fiscal year, an Officers’ Certificate stating that, to the signing Officers’ knowledge, no Default has occurred under this Indenture, or, if a Default has occurred, what action the Company and/or Guarantors are taking or propose to take with respect thereto. Any information filed with, or furnished to, the SEC in accordance with the time periods specified in this Section 4.02 shall be deemed to have been furnished to the Holders and prospective investors as required by this Section 4.02. To the extent that filings of quarterly or annual financial information on Form 10-Q or 10-K, respectively, or current reports on Form 8-K comply with the rules and regulations of the SEC regarding such filings, they will be deemed to comply with the requirements of this Section 4.02.

Reports to Holders. Whether or not required by Moore is then subject to Section 13(a) or 15(d) of the SECExchange Act, the Parent shall furnish to the Holders of Securities, within the time periods specified in the SEC’s rules and regulations (including any grace periods or extensions permitted by the SEC): (1) all quarterly and annual financial information that would be required to be contained in a filing Mxxxx will electronically file with the SEC on Forms 10-Q and 10-K if the Parent were required to file these FormsCommission, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, an audit report on the annual financial statements by the Parent’s certified independent accountants and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Parent were required to file these reports. In addition, whether or not required by the SEC, the Parent shall file a copy of all of the information and reports referred to in clauses (1) and (2) of this Section 4.02 with the SEC for public availability within the time periods specified in the SEC’s rules and regulations (unless the SEC will not accept the filing) and make the information available to securities analysts and prospective investors upon request. At any time that there shall be one or more Unrestricted Subsidiaries that, in the aggregate, hold more than 15.0% of Consolidated Tangible Assets, 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 of the financial condition and results of operations of the Parent and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries. In addition, for so long as any Securities remain the Notxx xxe outstanding, if at any time the Parent is not annual reports, quarterly reports and other periodic reports that Moore would be required to file with the SEC Commission pursuant to Sectiox 00(a) or 15(d) if Moore were so subject, and such documents will be filed with the reports Commixxxxx on or prior to the respective dates (the "Required Filing Dates") by which Moore would be required so to file such documents if Moore were so subxxxx, unless, in any case, such filings are not then xxxxxtted by the preceding paragraphsCommission. If such filings with the Commission are not then permitted by the Commission, it shall furnish or such filings are not generally available on the Internet free of charge, the Company will, without charge to the Holders Holders, within 15 days of each Required Filing Date, transmit by mail to Holders, as their names and addresses appear in the Note register, and file with the Trustee copies of the Securities annual reports, quarterly reports and prospective investorsother periodic reports that Moore would be required to file with the Commission pursuant to Sectiox 00(a) or 15(d) of the Exchange Act if it were subject to such Section 13(a) or 15(d) and, promptly upon their written request, supply copies of such documents to any prospective Holder or beneficial owner at Moore's cost. So long as any of the Notes remain restrictxx xxxxr Rule 144, Moore will make available upon request to any prospective purchaser of Xxxxs or beneficial owner of Notes in connection with any sale thereof the information required to be delivered pursuant to by Rule 144A(d)(4) under the Securities Act. In additionDelivery 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). All references in this Agreement to the filing of documents with the Commission includes, at such time as is permitted pursuant to this Section, the Parent shall: (1) hold a quarterly conference call to discuss the information contained in the reports not later than ten business days from the time Parent furnishes the reports to the trustee and (2) no fewer than three business days prior to the date delivering of the conference call required to be held in accordance with clause (1) of this Section 4.02, issue a press release to the appropriate U.S. wire services announcing the time and date of such conference call and directing the holders or beneficial owners of, and prospective investors in, the securities and securities analysts and market makers to contact an individual at the Parent (for whom contact information shall be provided in such press release) to obtain the reports and information on how to access such conference call. The Company will also deliver same to the Trustee, within 90 days after the end of each fiscal year, an Officers’ Certificate stating that, to the signing Officers’ knowledge, no Default has occurred under this Indenture, or, if a Default has occurred, what action the Company and/or Guarantors are taking or propose to take with respect thereto.

Reports to Holders. Whether or not required by the SECCompany is subject to Section 13(a) or 15(d) of the Exchange Act, or any successor provisions thereto, the Parent shall furnish to Company will file with the Holders of Securities, within the time periods specified in the SEC’s rules and regulations SEC (including any grace periods or extensions if permitted by SEC practice and applicable law and regulations) the SEC): (1) all annual reports, quarterly reports and annual financial information that other documents which the Company would be required to be contained in a filing file with the SEC on Forms 10-Q and 10-K pursuant to such Section 13(a) or 15(d) (each, an "Exchange Act Report"), or any successor provision thereto, if the Parent Company were required to file these Formsso subject, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, an audit report on the annual financial statements by the Parent’s certified independent accountants and (2) all current reports that would be required such documents to be filed with the SEC on Form 8-K if or prior to the Parent were respective dates (the "Required Filing Dates") by which the Company would be required to file these reportssuch documents if the Company were so subject. In additionIf, at any time prior to the consummation of the Registered Exchange Offer when the Company is not subject to such Section 13(a) or 15(d), the information which would be required in an Exchange Act Report is included in a public filing of the Company under the Securities Act at the applicable Required Filing Date, such public filing will fulfill the filing requirement with the SEC with respect to the applicable Exchange Act Report. The Company will also in any event (a) within 15 days after each Required Filing Date (whether or not permitted or required by to be filed with the SEC) (i) transmit (or cause to be transmitted) by mail to all Holders, as their names and addresses appear in the Parent shall file a copy of all register of the information and reports referred Securities, without cost to in clauses (1) such Holders, and (2ii) file with the Trustee, copies of this Section 4.02 the annual reports, quarterly 43 -37- reports and other documents which the Company is required to file with the SEC for public availability within pursuant to the time periods specified in preceding sentence, or, if such filing is not so permitted (or, prior to the SEC’s rules consummation of the Registered Exchange Offer, when the Company is not subject to Section 13(a) or 15(d) of the Exchange Act), information and regulations data of a similar nature, and (unless b) if, notwithstanding the preceding sentence, filing such documents by the Company with the SEC will is not accept the filing) and make the information available permitted by SEC practice or applicable law or regulations, promptly upon written request supply copies of such documents to securities analysts and prospective investors upon request. At any time that there shall be one or more Unrestricted Subsidiaries that, in the aggregate, hold more than 15.0% of Consolidated Tangible Assets, 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 of the financial condition and results of operations of the Parent and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted SubsidiariesHolder. In addition, for so long as any Securities remain outstanding, if at any time the Parent is not required to file with the SEC the reports required by the preceding paragraphs, it shall Company will furnish to the Holders of the Securities 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. In addition, the Parent shall: (1) hold a quarterly conference call and, to discuss the information contained in the reports any beneficial holder of Securities, if not later than ten business days obtainable from the time Parent furnishes SEC, information of the reports type that would be filed with the SEC pursuant to the trustee and (2) no fewer than three business days prior to foregoing provisions, upon the date request of the conference call required to be held in accordance with clause (1) of this Section 4.02, issue a press release to the appropriate U.S. wire services announcing the time and date of any such conference call and directing the holders or beneficial owners of, and prospective investors in, the securities and securities analysts and market makers to contact an individual at the Parent (for whom contact information shall be provided in such press release) to obtain the reports and information on how to access such conference call. The Company will also deliver to the Trustee, within 90 days after the end of each fiscal year, an Officers’ Certificate stating that, to the signing Officers’ knowledge, no Default has occurred under this Indenture, or, if a Default has occurred, what action the Company and/or Guarantors are taking or propose to take with respect theretoHolder.

Reports to Holders. Whether or not required by the SEC, the Parent shall furnish to the Holders of Securities, from and after the Escrow Release Date and within the time periods specified in the SEC’s rules and regulations (including any grace periods or extensions permitted by the SEC): (1) all quarterly and annual financial information that would be required to be contained in a filing with the SEC on Forms 10-Q and 10-K if the Parent were required to file these Forms, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, an audit report on the annual financial statements by the Parent’s certified independent accountants and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Parent were required to file these reports. In addition, whether or not required by the SEC, the Parent shall file a copy of all of the information and reports referred to in clauses (1) and (2) of this Section 4.02 with the SEC for public availability within the time periods specified in the SEC’s rules and regulations (unless the SEC will not accept the filing) and make the information available to securities analysts and prospective investors upon request. At any time that there shall be one or more Unrestricted Subsidiaries that, in the aggregate, hold more than 15.0% of Consolidated Tangible Assets, 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 of the financial condition and results of operations of the Parent and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries. In addition, for so long as any Securities remain outstanding, if at any time the Parent is not required to file with the SEC the reports required by the preceding paragraphs, it shall furnish to the Holders of the Securities and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. In addition, the Parent shall: (1) hold a quarterly conference call to discuss the information contained in the reports not later than ten business days from the time Parent furnishes the reports to the trustee and (2) no fewer than three business days prior to the date of the conference call required to be held in accordance with clause (1) of this Section 4.02, issue a press release to the appropriate U.S. wire services announcing the time and date of such conference call and directing the holders or beneficial owners of, and prospective investors in, the securities and securities analysts and market makers to contact an individual at the Parent (for whom contact information shall be provided in such press release) to obtain the reports and information on how to access such conference call. The Company will also deliver to the Trustee, within 90 days after the end of each fiscal year, an Officers’ Certificate stating that, to the signing Officers’ knowledge, no Default has occurred under this Indenture, or, if a Default has occurred, what action the Company and/or Guarantors are taking or propose to take with respect thereto.

Reports to Holders. Whether or not required by the SECCompany is then subject to Section 13(a) or 15(d) of the Exchange Act, the Parent shall furnish to the Holders of Securities, within the time periods specified in the SEC’s rules and regulations (including any grace periods or extensions permitted by the SEC): (1) all quarterly and annual financial information that would be required to be contained in a filing Company will electronically file with the SEC on Forms 10-Q and 10-K if the Parent were required to file these FormsCommission, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, an audit report on the annual financial statements by the Parent’s certified independent accountants and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Parent were required to file these reports. In addition, whether or not required by the SEC, the Parent shall file a copy of all of the information and reports referred to in clauses (1) and (2) of this Section 4.02 with the SEC for public availability within the time periods specified in the SEC’s rules and regulations (unless the SEC will not accept the filing) and make the information available to securities analysts and prospective investors upon request. At any time that there shall be one or more Unrestricted Subsidiaries that, in the aggregate, hold more than 15.0% of Consolidated Tangible Assets, 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 of the financial condition and results of operations of the Parent and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries. In addition, for so long as any Securities remain the Senior Notes are outstanding, if at any time the Parent is not annual reports, quarterly reports and other periodic reports that the Company would be required to file with the SEC Commission pursuant to Section 13(a) or 15(d) if the reports Company were so subject, and such documents will be filed with the Commission on or prior to the respective dates (the "Required Filing Dates") by which the Company would be required so to file such documents if the Company were so subject, unless, in any case, such filings are not then permitted by the preceding paragraphsCommission. If such filings with the Commission are not then permitted by the Commission, it shall furnish or such filings are not generally available on the Internet free of charge, the Company will, without charge to the Holders Holders, within 15 days of each Required Filing Date, transmit by mail to Holders, as their names and addresses appear in the Senior Note register, and file with the Trustee copies of the Securities annual reports, quarterly reports and prospective investorsother periodic reports that the Company would be required to file with the Commission pursuant to Section 13(a) or 15(d) of the Exchange Act if the Company were subject to such Section 13(a) or 15(d) and, promptly upon their written request, supply copies of such documents to any prospective Holder or beneficial owner at the Company's cost. So long as any of the Senior Notes remain restricted under Rule 144, the Company will make available upon request to any prospective purchaser of Senior Notes or beneficial owner of Senior Notes in connection with any sale thereof the information required to be delivered pursuant to by Rule 144A(d)(4) under the Securities Act. In additionDelivery of such reports, information and documents to the Parent shall: (1) hold a quarterly conference call to discuss Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained in therein or determinable from information contained therein, including the reports not later than ten business days from Company's compliance with any of its covenants hereunder (as to which the time Parent furnishes the reports Trustee is entitled to the trustee and (2) no fewer than three business days prior to the date of the conference call required to be held in accordance with clause (1) of this Section 4.02, issue a press release to the appropriate U.S. wire services announcing the time and date of such conference call and directing the holders or beneficial owners of, and prospective investors in, the securities and securities analysts and market makers to contact an individual at the Parent (for whom contact information shall be provided in such press release) to obtain the reports and information rely exclusively on how to access such conference call. The Company will also deliver to the Trustee, within 90 days after the end of each fiscal year, an Officers’ Certificate stating that, to the signing Officers’ knowledge, no Default has occurred under this Indenture, or, if a Default has occurred, what action the Company and/or Guarantors are taking or propose to take with respect thereto' Certificates).

Reports to Holders. Whether or not required by RHD is then subject to Section 13(a) or 15(d) of the SECExchange Act, the Parent shall furnish to the Holders of Securities, within the time periods specified in the SEC’s rules and regulations (including any grace periods or extensions permitted by the SEC): (1) all quarterly and annual financial information that would be required to be contained in a filing RHD will electronically file with the SEC on Forms 10-Q and 10-K if the Parent were required to file these FormsCommission, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, an audit report on the annual financial statements by the Parent’s certified independent accountants and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Parent were required to file these reports. In addition, whether or not required by the SEC, the Parent shall file a copy of all of the information and reports referred to in clauses (1) and (2) of this Section 4.02 with the SEC for public availability within the time periods specified in the SEC’s rules and regulations (unless the SEC will not accept the filing) and make the information available to securities analysts and prospective investors upon request. At any time that there shall be one or more Unrestricted Subsidiaries that, in the aggregate, hold more than 15.0% of Consolidated Tangible Assets, 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 of the financial condition and results of operations of the Parent and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries. In addition, for so long as any Securities remain the Senior Notes are outstanding, if at any time the Parent is not annual reports, quarterly reports and other periodic reports that RHD would be required to file with the SEC Commission pursuant to Section 13(a) or 15(d) if RHD were so subject, and such documents will be filed with the reports Commission on or prior to the respective dates (the "Required Filing Dates") by which RHD would be required so to file such documents if RHD were so subject, unless, in any case, such filings are not then permitted by the preceding paragraphsCommission. If such filings with the Commission are not then permitted by the Commission, it shall furnish or such filings are not generally available on the Internet free of charge, RHD will, without charge to the Holders Holders, within 15 days of each Required Filing Date, transmit by mail to Holders, as their names and addresses appear in the Senior Note register, and file with the Trustee copies of the Securities annual reports, quarterly reports and prospective investorsother periodic reports that RHD would be required to file with the Commission pursuant to Section 13(a) or 15(d) of the Exchange Act if RHD were subject to such Section 13(a) or 15(d) and, promptly upon their written request, supply copies of such documents to any prospective Holder or beneficial owner at RHD's cost. So long as any of the Senior Notes remain restricted under Rule 000, XXX will make available upon request to any prospective purchaser of Senior Notes or beneficial owner of Senior Notes in connection with any sale thereof the information required to be delivered pursuant to by Rule 144A(d)(4) under the Securities Act. In additionDelivery of such reports, information and documents to the Parent shall: (1) hold a quarterly conference call to discuss Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained in therein or determinable from information contained therein, including the reports not later than ten business days from Company's compliance with any of its covenants hereunder (as to which the time Parent furnishes the reports Trustee is entitled to the trustee and (2) no fewer than three business days prior to the date of the conference call required to be held in accordance with clause (1) of this Section 4.02, issue a press release to the appropriate U.S. wire services announcing the time and date of such conference call and directing the holders or beneficial owners of, and prospective investors in, the securities and securities analysts and market makers to contact an individual at the Parent (for whom contact information shall be provided in such press release) to obtain the reports and information rely exclusively on how to access such conference call. The Company will also deliver to the Trustee, within 90 days after the end of each fiscal year, an Officers’ Certificate stating that, to the signing Officers’ knowledge, no Default has occurred under this Indenture, or, if a Default has occurred, what action the Company and/or Guarantors are taking or propose to take with respect thereto' Certificates).

Reports to Holders. Whether or not required by the SECCompany is subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Parent Company shall furnish file with the Commission, subject to the next sentence, and provide the Trustee and Holders with such annual and other reports as are specified in Sections 13 and 15(d) of Securitiesthe Exchange Act and applicable to a U.S. corporation subject to such Sections, such reports to be so filed and provided at the times specified for the filing of 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 preceding sentence with the Commission within the time periods required unless the Commission will not accept such a filing. The Company agrees that it shall not take any action for the purpose of causing the Commission not to accept such filings. If, notwithstanding the foregoing, the Commission will not accept such filings for any reason, the Company shall post the reports specified in the preceding sentence on its website within the time periods that would apply if the Company were required to file those reports with the Commission. To the extent any such report or information is not so filed or provided, as applicable, within the time periods specified and such information is subsequently filed or provided, as applicable, the Company will be deemed to have satisfied its obligations with respect thereto at such time and any Default with respect thereto shall be deemed to have been cured; provided that such cure shall not otherwise affect the rights of the Holders under Article 6 if Holders of at least 25% in principal amount of the SEC’s rules then total outstanding Securities have declared the principal, premium, if any, and regulations (including any grace periods or extensions permitted by interest on the SEC): (1) all quarterly and annual financial information that would be required Securities to be contained in a filing due and payable and such declaration shall not have been rescinded or canceled prior to such cure. The Trustee shall have no duty to monitor the filings of the Company of such reports with the SEC Commission or the posting of such reports on Forms 10-Q and 10-K if the Parent were required to file these Forms, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, an audit report on the annual financial statements by the Parent’s certified independent accountants and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Parent were required to file these reports. In addition, whether or not required by the SEC, the Parent shall file a copy of all of the information and reports referred to in clauses (1) and (2) of this Section 4.02 with the SEC for public availability within the time periods specified in the SEC’s rules and regulations (unless the SEC will not accept the filing) and make the information available to securities analysts and prospective investors upon requestits website. At any time that there shall be one or more any of the Company’s Subsidiaries are Unrestricted Subsidiaries thatSubsidiaries, in the aggregate, hold more than 15.0% of Consolidated Tangible Assets, 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 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 Parent Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted SubsidiariesSubsidiaries of the Company. In addition, for so long as any Securities remain outstanding, if at any time the Parent is not required to file with the SEC the reports required by the preceding paragraphs, it Company shall furnish to the Holders of the Securities 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. In additionDelivery of reports, information and documents such as the Parent shall: (1) hold a quarterly conference call above to discuss the Trustee is for informational purposes only, and the Trustee’s receipt of any such reports, information or documents shall not constitute actual or constructive notice of any information contained therein or determinable from the information contained in therein, including the reports not later than ten business days from Company’s compliance with any of its covenants under this Indenture (as to which the time Parent furnishes the reports Trustee is entitled to the trustee and (2) no fewer than three business days prior to the date of the conference call required to be held in accordance with clause (1) of this Section 4.02, issue a press release to the appropriate U.S. wire services announcing the time and date of such conference call and directing the holders or beneficial owners of, and prospective investors in, the securities and securities analysts and market makers to contact an individual at the Parent (for whom contact information shall be provided in such press release) to obtain the reports and information rely exclusively on how to access such conference call. The Company will also deliver to the Trustee, within 90 days after the end of each fiscal year, an Officers’ Certificate stating that, to the signing Officers’ knowledge, no Default has occurred under this Indenture, or, if a Default has occurred, what action the Company and/or Guarantors are taking or propose to take with respect theretoCertificate).

Reports to Holders. (a) Whether or not Parent is then required by to file reports with the SEC, the Parent shall furnish to the Holders of Securities, within the time periods specified in the SEC’s rules and regulations (including any grace periods or extensions permitted by the SEC): (1) all quarterly and annual financial information that would be required to be contained in a filing file with the SEC on Forms 10-Q all such reports and 10-K if the Parent were required to file these Forms, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual other information only, an audit report on the annual financial statements by the Parent’s certified independent accountants and (2) all current reports that as it would be required to be filed with the SEC on Form 8-K if the Parent were required to file these reports. In addition, whether or not required by the SEC, the Parent shall file a copy of all of the information and reports referred to in clauses (1) and (2) of this Section 4.02 with the SEC for public availability within the time periods specified in the SEC’s rules and regulations (unless the SEC will not accept the filing) and make the information available to securities analysts and prospective investors upon request. At any time that there shall be one or more Unrestricted Subsidiaries that, in the aggregate, hold more than 15.0% of Consolidated Tangible Assets, 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 of the financial condition and results of operations of the Parent and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries. In addition, for so long as any Securities remain outstanding, if at any time the Parent is not required to file with the SEC by Sections 13(a) or 15(d) under the Exchange Act (including giving effect to any extension period under Rule 12b-25 under the Exchange Act) if it was subject thereto; provided, however, that, if filing such documents by Parent with the SEC is not permitted under the Exchange Act, Parent (i) shall, within 15 days after the time Parent would be required to file such information with the SEC if it were subject to Section 13 or 15(d) under the Exchange Act (including giving effect to any extension period under Rule 12b-25 under the Exchange Act), provide such documents and reports required by the preceding paragraphs, it shall furnish to the Holders Trustee and upon written request supply copies of the Securities such documents and prospective investors, upon their request, the information required reports to any Holder (which in each case may be delivered pursuant to Rule 144A(d)(4applicable Depository procedures) and (ii) shall post such documents and reports on a website (which may be non-public) to which any Holder, prospective investors that certify that they are qualified institutional buyers, institutional accredited investors or able to acquire the Notes in reliance on Regulation S under the Securities Act. In addition, the Parent shall: (1) hold a quarterly conference call to discuss the information contained in the reports not later than ten business days from the time Parent furnishes the reports to the trustee and (2) no fewer than three business days prior to the date of the conference call required to be held in accordance with clause (1) of this Section 4.02, issue a press release to the appropriate U.S. wire services announcing the time and date of such conference call and directing the holders or beneficial owners of, and prospective investors in, the securities and securities analysts and market makers are given access; provided, however, that the Trustee shall have no liability whatsoever to contact an individual at determine if such materials have been so posted. Delivery of such information, documents and reports to the Parent 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 (for whom contact information as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). The availability of the foregoing materials on the SEC’s XXXXX service (or any successor thereto) shall be provided in deemed to satisfy Parent’s obligations to furnish such press release) materials to obtain the Trustee or the Holders; provided, however, that the Trustee shall have no obligation whatsoever to determine whether or not such information, documents or reports have been filed pursuant to the XXXXX service (or its successor). In the event that another parent entity of the Issuers becomes a Guarantor of the Notes, the obligations to furnish the reports and other information described above may be satisfied by furnishing such reports filed by, or such information of, such other parent Guarantor, and the availability of such other parent Guarantor’s information on how the SEC’s XXXXX service (or any successor thereto) shall be deemed to access satisfy such conference call. The Company will also deliver obligations; provided, however, that the Trustee shall have no liability whatsoever to the Trustee, within 90 days after the end of each fiscal year, an Officers’ Certificate stating that, to the signing Officers’ knowledge, no Default has occurred under this Indenture, or, determine if a Default has occurred, what action the Company and/or Guarantors are taking or propose to take with respect theretosuch materials have been so posted.

Reports to Holders. (a) Whether or not required by the SECIssuer or the Parent is subject to the reporting re- quirements of Section 13 or 15(d) of the Exchange Act or otherwise reports on an annual and quarterly basis on forms provided for such annual and quarterly reporting pursuant to the rules and regulations of the Commission, so long as any Notes are outstanding this Indenture, the Issuer or the Parent shall will furnish to the Trustee and Holders of Securities, the following: (1) within the time periods period specified in the SECCommission’s rules and regulations regula- tions for non-accelerated filers, annual reports of the Parent on Form 20-F or 10-K (including as then applicable to the Parent) (or any grace periods successor or extensions permitted by comparable form) containing the SEC): in- formation required to be contained therein (1or required in such successor or compara- ble form); (2) all within the time period specified in the Commission’s rules and regula- tions for non-accelerated filers, quarterly reports of the Parent on Form 6-K or 10-Q (as then applicable to the Parent) (or any successor or comparable form) containing the information required to be contained in such Form (or required in such successor or comparable form); and annual financial information that (3) at or prior to such times as would be required to be contained in a filing with filed or furnished to the SEC on Forms 10-Q and 10-K Commission if the Parent were was then a “foreign private issuer” subject to Section 13(a) or 15(d) of the Exchange Act, all such other reports and information of the Par- ent that the Parent would have been required to file these Formsor furnish pursuant thereto; provided that, including a “Management’s Discussion and Analysis in the case of Financial Condition and Results of Operations” and, with respect to the annual information only, an audit report on the annual financial statements by the Parent’s certified independent accountants clauses (1) and (2) above, to the extent such reports are being provided by the Parent, such reports shall include, or the Issuer shall otherwise deliver at the time of delivery of such reports, a qualitative disclosure of differences between the Parent’s consolidated financial statements and Holdings’ consolidated financial statements consistent with such disclosure set forth in the Offering Memorandum; provided, further, that to the ex- tent that the Parent ceases to qualify as a “foreign private issuer” within the meaning of the Exchange Act, whether or not the Parent is then subject to Section 13(a) or 15(d) of the Ex- change Act, the Issuer or the Parent will furnish to the Trustee and the Holders, so long as any Notes are outstanding, within 30 days of the respective dates on which the Parent would be required to file such documents with the Commission if it was required to file such documents under the Exchange Act, all current reports and other information of the Parent that would be required to be filed with (or furnished to) the SEC on Form 8-K if Commission pursuant to Section 13(a) or 15(d) of the Parent were required to file these reportsExchange Act. (b) In addition, whether or not required by the SEC, the Parent shall file a copy of all of the information and reports referred to in clauses (1) and (2) of this Section 4.02 with the SEC for public availability within the time periods specified in the SEC’s rules and regulations (unless of the SEC will not accept the filing) and make the information available to securities analysts and prospective investors upon request. At any time that there shall be one or more Unrestricted Subsidiaries that, in the aggregate, hold more than 15.0% of Consolidated Tangible AssetsCommission, the quarterly Issuer or the Parent will make all such reports and annual financial other 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 of the financial condition and results of operations of the Parent and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries. In addition, for so long as any Securities remain outstanding, if at any time the Parent is not that it would be required to file as a foreign private issuer or otherwise as set forth in Section 4.13(a) with the SEC the reports required by the preceding paragraphs, it shall furnish to the Holders of the Securities and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. In addition, the Parent shall: Commission publicly available (1) hold including via a quarterly conference call to discuss the information contained in the reports not later than ten business days from the time Parent furnishes the reports to the trustee and (2) no fewer than three business days prior to the date of the conference call required to be held in accordance with clause (1) of this Section 4.02, issue a press release to the appropriate U.S. wire services announcing the time and date of such conference call and directing the holders or beneficial owners of, and prospective investors in, the securities and securities analysts and market makers to contact an individual at the Parent (for whom contact information shall be provided in such press release) to obtain the reports and information on how to access such conference call. The Company will also deliver to the Trustee, within 90 days after the end of each fiscal year, an Officers’ Certificate stating that, to the signing Officers’ knowledge, no Default has occurred under this Indenture, or, if a Default has occurred, what action the Company and/or Guarantors are taking or propose to take with respect thereto.non-password pro-

Reports to Holders. Whether or not required by the Company and the Subsidiary Guarantors are then subject to Section 13 (a) or 15(d) of the Exchange Act, from and after the Assumption Date, the Company and the Subsidiary Guarantors will electronically file with the SEC, so long as the Parent shall furnish to Notes are outstanding, the Holders of Securitiesannual reports, within quarterly reports and other periodic reports that the time periods specified in Company and the SEC’s rules and regulations (including any grace periods or extensions permitted by the SEC): (1) all quarterly and annual financial information that Subsidiary Guarantors would be required to be contained in a filing file with the SEC on Forms 10-Q and 10-K pursuant to Section 13(a) or 15 (d) if the Parent Company and the Subsidiary Guarantors were required to file these Formsso subject, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, an audit report on the annual financial statements by the Parent’s certified independent accountants and (2) all current reports that would be required to such documents will be filed with the SEC on Form 8-K or prior to the respective dates (the "REQUIRED FILING DATES") by which the Company and the Subsidiary Guarantors would be required so to file such documents if the Parent Company and the Subsidiary Guarantors were so subject, unless, in any case, such filings are not then permitted by the SEC. If such filings with the SEC are not then permitted by the SEC, or such filings are not generally available on the Internet free of charge, from and after the Assumption Date, the Company and the Subsidiary Guarantors will, without charge to the Holders, within 15 days of each Required Filing Date, transmit by mail to Holders, as their names and addresses appear in the note register, and file with the Trustee copies of the annual reports, quarterly reports and other periodic reports that the Company and the Subsidiary Guarantors would be required to file these reportswith the SEC pursuant to Section 13(a) or 15(d) of the Exchange Act if the Company and the Subsidiary Guarantors were subject to such Section 13(a) or 15(d) and, promptly upon written request, supply copies of such documents to any prospective Holder or beneficial owner at the Company's cost. In addition, whether or not required by from and after the SECSolutia Assumption, the Parent shall file a copy of all of Company and the information and reports referred to in clauses (1) and (2) of this Section 4.02 with the SEC for public availability within the time periods specified in the SEC’s rules and regulations (unless the SEC will not accept the filing) and make the information available to securities analysts and prospective investors upon request. At any time that there shall be one or more Unrestricted Subsidiaries that, in the aggregate, hold more than 15.0% of Consolidated Tangible Assets, 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 of the financial condition and results of operations of the Parent and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries. In additionSubsidiary Guarantors will, for so long as any Securities Notes remain outstanding, if at any time the Parent is not required to file with the SEC the reports required by the preceding paragraphs, it shall furnish to the Holders of the Securities Notes and to securities analysts and prospective investors, upon their request, the information if any, required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. In addition, the Parent shall: (1) hold a quarterly conference call to discuss the information contained in the reports not later than ten business days from the time Parent furnishes the reports to the trustee and (2) no fewer than three business days prior to the date of the conference call required to be held in accordance with clause (1) of this Section 4.02, issue a press release to the appropriate U.S. wire services announcing the time and date of such conference call and directing the holders or beneficial owners of, and prospective investors in, the securities and securities analysts and market makers to contact an individual at the Parent (for whom contact information shall be provided in such press release) to obtain the reports and information on how to access such conference call. The Company will also deliver to the Trustee, within 90 days after the end of each fiscal year, an Officers’ Certificate stating that, to the signing Officers’ knowledge, no Default has occurred under this Indenture, or, if a Default has occurred, what action the Company and/or Guarantors are taking or propose to take with respect thereto.

Reports to Holders. Whether or not required by CNH Global is then subject to Section 13(a) or 15(d) of the SECExchange Act, the Parent shall CNH Global will furnish to the Holders Trustee and the Holders, so long as the Notes are outstanding: (i) reports on Form 6-K relating to quarterly financial information substantially in the form of Securitiesthe Form 6-K filed by CNH Global on April 25, 2003; provided, that such reports on Form 6-K will be so furnished no later than 45 days after the end of the fiscal quarter relating to such quarterly report; and (ii) annual reports on Form 20-F substantially in the form of the Form 20-F filed by CNH Global for the fiscal year ended December 31, 2003; provided, that such reports on Form 20-F will be so furnished no later than the date by which CNH Global would be required so to file such report if then required to file such a report under the Exchange Act; provided, however, that to the extent that CNH Global ceases to qualify as a “foreign private issuer” within the time periods specified in meaning of the SEC’s rules Exchange Act, whether or not CNH Global is then subject to Section 13(a) or 15(d) of the Exchange Act, CNH Global will furnish to the Trustee and regulations the Holders, so long as the Notes are outstanding (including any grace periods or extensions permitted by the SEC): (1x) all quarterly and annual financial information that would be required to be contained in a filing with the SEC Commission on Forms 10-Q and 10-K if the Parent CNH Global were required to file these Formssuch forms, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” that describes the financial condition and results of operations of CNH Global and its consolidated Subsidiaries and, with respect to the annual information only, an audit a report on the annual financial statements thereon by the ParentCNH Global’s certified independent accountants accountants; and (2y) all current reports that would be required to be filed with the SEC Commission on Form 8-K if the Parent CNH Global were required to file these such reports, in each case within the time periods specified in the Commission’s rules and regulations. In addition, whether or not required by the SECrules and regulations of the Commission, CNH Global will electronically file or furnish, as the Parent shall file case may be, a copy of all of the such information and reports referred to in clauses (1) and (2) of this Section 4.02 with the SEC Commission for public availability within the time periods specified in the SECCommission’s rules and regulations (unless the SEC Commission will not accept the such a filing) and make the such information available to securities analysts and prospective investors upon request. At any time that there shall be one or more Unrestricted Subsidiaries that, in the aggregate, hold more than 15.0% of Consolidated Tangible Assets, 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 of the financial condition and results of operations of the Parent and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries. In addition, for so long as any Securities Notes remain outstanding, if at any time the Parent is not required to file with the SEC the reports required by the preceding paragraphs, it shall CNH Global will furnish to the Holders of the Securities 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. In additionCNH Global shall also comply with the provisions of TIA Section 314(a). Should Case New Holland deliver to the Trustee any such information, reports or certificates or any annual reports, information, documents and other reports pursuant to Section 314(a) of the Parent shall: (1) hold a quarterly conference call to discuss the information contained in the Trust Indenture Act, delivery of such information, reports not later than ten business days from the time Parent furnishes the or certificates or any annual reports, information, documents and other reports to the trustee Trustee is for informational purposes only and (2) no fewer than three business days prior to the date of the conference call required to be held in accordance with clause (1) of this Section 4.02, issue a press release to the appropriate U.S. wire services announcing the time and date Trustee’s receipt of such conference call and directing shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including Case New Holland’s compliance with any of its covenants hereunder (as to which the holders or beneficial owners of, and prospective investors in, the securities and securities analysts and market makers Trustee is entitled to contact an individual at the Parent (for whom contact information shall be provided in such press release) to obtain the reports and information rely exclusively on how to access such conference call. The Company will also deliver to the Trustee, within 90 days after the end of each fiscal year, an Officers’ Certificate stating that, to the signing Officers’ knowledge, no Default has occurred under this Indenture, or, if a Default has occurred, what action the Company and/or Guarantors are taking or propose to take with respect theretoCertificates).

Reports to Holders. Whether or not required by the SECrules and regulations of the Commission, so long as any Notes are outstanding, the Parent Company shall furnish to the Holders of Securities, within the time periods specified in the SEC’s rules and regulations (including any grace periods or extensions permitted by the SEC): (1) Notes: all quarterly and annual financial information that would be required to be contained in a filing with the SEC Commission on Forms 10-Q and 10-K if the Parent Company were required to file these such Forms, including a “"Management’s 's Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to " that describes the annual information only, an audit report on the annual financial statements by the Parent’s certified independent accountants condition and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Parent were required to file these reports. In addition, whether or not required by the SEC, the Parent shall file a copy results of all operations of the information Company and reports referred to its consolidated Subsidiaries (showing in clauses (1) and (2) of this Section 4.02 with the SEC for public availability within the time periods specified in the SEC’s rules and regulations (unless the SEC will not accept the filing) and make the information available to securities analysts and prospective investors upon request. At any time that there shall be one or more Unrestricted Subsidiaries that, in the aggregate, hold more than 15.0% of Consolidated Tangible Assets, the quarterly and annual financial information required by the preceding paragraph shall include a reasonably detailed presentationreasonable 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 Parent Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted SubsidiariesSubsidiaries of the Company, if any) and, with respect to the annual information only, a report thereon by the Company's certified independent accounts; and 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, 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. In addition, the Company has agreed that, for so long as any Securities Notes remain outstanding, if at any time the Parent is not required to file with the SEC the reports required by the preceding paragraphs, it shall furnish to the Holders of the Securities 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. In addition, the Parent shall: (1) hold a quarterly conference call to discuss the information contained in the reports not later than ten business days from the time Parent furnishes the reports to the trustee and (2) no fewer than three business days prior to the date of the conference call required to be held in accordance with clause (1) of this Section 4.02, issue a press release to the appropriate U.S. wire services announcing the time and date of such conference call and directing the holders or beneficial owners of, and prospective investors in, the securities and securities analysts and market makers to contact an individual at the Parent (for whom contact information shall be provided in such press release) to obtain the reports and information on how to access such conference call. The Company will also deliver to the Trustee, within 90 days after the end of each fiscal year, an Officers’ Certificate stating that, to the signing Officers’ knowledge, no Default has occurred under this Indenture, or, if a Default has occurred, what action the Company and/or Guarantors are taking or propose to take with respect thereto.

Reports to Holders. Whether or not required by the SECCompany is subject to Section 13(a) or 15(d) of the Exchange Act, or any successor provisions thereto, the Parent shall furnish to Company will file with the Holders of Securities, within the time periods specified in the SEC’s rules and regulations SEC (including any grace periods or extensions if permitted by SEC practice and applicable law and regulations) the SEC): (1) all annual reports, quarterly reports and annual financial information that other documents which the Company would be required to be contained in a filing file with the SEC on Forms 10-Q and 10-K pursuant to such Section 13(a) or 15(d) (each, an "Exchange Act Report"), or any successor provision thereto, if the Parent Company were required to file these Formsso subject, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, an audit report on the annual financial statements by the Parent’s certified independent accountants and (2) all current reports that would be required such documents to be filed with the SEC on Form 8-K if or prior to the Parent were respective dates (the "Required Filing Dates") by which the Company would be required to file these reportssuch documents if the Company were so subject. In additionIf, at any time prior to the consummation of the Registered Exchange Offer when the Company is not subject to such Section 13(a) or 15(d), the information which would be required in an Exchange Act Report is included in a public filing of the Company under the Securities Act at the applicable Required Filing Date, such public filing will fulfill the filing requirement with the SEC with respect to the applicable Exchange Act Report. The Company will also in any event (a) within 15 days after each Required Filing Date (whether or not permitted or required by to be filed with the SEC) (i) transmit (or cause to be transmitted) by mail to all Holders, as their names and addresses appear in the Parent shall file a copy of all register of the information and reports referred Securities, without cost to in clauses (1) such Holders, and (2ii) file with the Trustee, copies of this Section 4.02 the annual reports, quarterly reports and other documents which the Company is required to file with the SEC for public availability within pursuant to the time periods specified in preceding sentence, or, if such filing is not so permitted (or, prior to the SEC’s rules consummation of the Registered Exchange Offer, when the Company is not subject to Section 13(a) or 15(d) of the Exchange Act), information and regulations data of a similar nature, and (unless b) if, notwithstanding the preceding sentence, filing such documents by the Company with the SEC will is not accept the filing) and make the information available permitted by SEC practice or applicable law or regulations, promptly upon written request supply copies of such documents to securities analysts and prospective investors upon request. At any time that there shall be one or more Unrestricted Subsidiaries that, in the aggregate, hold more than 15.0% of Consolidated Tangible Assets, 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 of the financial condition and results of operations of the Parent and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted SubsidiariesHolder. In addition, for so long as any Securities remain outstanding, if at any time the Parent is not required to file with the SEC the reports required by the preceding paragraphs, it shall Company will furnish to the Holders of the Securities 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. In addition, the Parent shall: (1) hold a quarterly conference call and, to discuss the information contained in the reports any beneficial holder of Securities, if not later than ten business days obtainable from the time Parent furnishes SEC, information of the reports type that would be filed with the SEC pursuant to the trustee and (2) no fewer than three business days prior to foregoing provisions, upon the date request of the conference call required to be held in accordance with clause (1) of this Section 4.02, issue a press release to the appropriate U.S. wire services announcing the time and date of any such conference call and directing the holders or beneficial owners of, and prospective investors in, the securities and securities analysts and market makers to contact an individual at the Parent (for whom contact information shall be provided in such press release) to obtain the reports and information on how to access such conference call. The Company will also deliver to the Trustee, within 90 days after the end of each fiscal year, an Officers’ Certificate stating that, to the signing Officers’ knowledge, no Default has occurred under this Indenture, or, if a Default has occurred, what action the Company and/or Guarantors are taking or propose to take with respect theretoHolder.

Reports to Holders. Whether or not required by the SEC, the Parent Company shall furnish to the Holders of Securities, within the time periods specified in the SEC’s rules and regulations (including any grace periods or extensions permitted by the SEC): (1) all quarterly and annual financial information that would be required to be contained in a filing with the SEC on Forms 10-Q and 10-K if the Parent Company were required to file these Forms, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, an audit report on the annual financial statements by the ParentCompany’s certified independent accountants and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Parent Company were required to file these reports; provided that, the foregoing delivery requirements will be deemed satisfied if the foregoing materials are publicly available on the SEC’s XXXXX system (or a successor thereto) within the applicable time periods specified above. In addition, whether or not required by the SEC, the Parent Company shall file a copy of all of the information and reports referred to in clauses (1) and (2) of this Section 4.02 with the SEC for public availability within the time periods specified in the SEC’s rules and regulations (unless the SEC will not accept the filing) and make the information available to securities analysts and prospective investors upon request. At any time that there shall be one or more Unrestricted Subsidiaries that, in the aggregate, hold more than 15.0% of Consolidated Tangible Assets, the annual and 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 of the financial condition and results of operations of the Parent Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries. In addition, the Company agrees that, for so long as any Securities remain outstanding, if at any time the Parent it is not required to file with the SEC the reports required by the preceding paragraphs, it shall furnish to the Holders of the Securities Securities, beneficial owners and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. In addition, the Parent shall: (1) hold a quarterly conference call to discuss the information contained in the reports not later than ten business days from the time Parent furnishes the reports to the trustee and (2) no fewer than three business days prior to the date of the conference call required to be held in accordance with clause (1) of this Section 4.02, issue a press release to the appropriate U.S. wire services announcing the time and date of such conference call and directing the holders or beneficial owners of, and prospective investors in, the securities and securities analysts and market makers to contact an individual at the Parent (for whom contact information shall be provided in such press release) to obtain the reports and information on how to access such conference call. The Company will also deliver to the Trustee, within 90 days after the end of each fiscal year, an Officers’ Certificate stating that, to the signing Officers’ knowledge, no Default has occurred under this Indenture, or, if a Default has occurred, what action the Company and/or Guarantors are taking or propose to take with respect thereto. 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). The Trustee will have no duty to monitor, inquire as to or ascertain compliance with the covenants of the Company under this Indenture.

Reports to Holders. (a) Whether or not Parent is then required by to file reports with the SEC, the Parent shall furnish to file with the Holders of Securities, within the time periods specified in the SEC’s rules and regulations SEC (including any grace periods or extensions permitted by the SEC): (1i) all quarterly and annual financial information reports that would be required to be contained in a filing filed with the SEC on Forms 10-Q and 10-K if the Parent were required to file these Forms, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, an audit report on the annual financial statements by the Parent’s certified independent accountants such reports and (2ii) all current reports that would be required to be filed with the SEC on Form 8-K if the Parent were required to file these reports. In additionsuch reports (including giving effect to any extension period under Rule 12b-25 under the Exchange Act) if it was subject thereto; provided, whether or not required however, that, if filing such documents by the SEC, the Parent shall file a copy of all of the information and reports referred to in clauses (1) and (2) of this Section 4.02 with the SEC for public availability is not permitted under the Exchange Act, Parent (x) shall, within 15 days after the time periods specified in the SEC’s rules and regulations (unless the SEC will not accept the filing) and make the information available to securities analysts and prospective investors upon request. At any time that there shall Parent would be one or more Unrestricted Subsidiaries that, in the aggregate, hold more than 15.0% of Consolidated Tangible Assets, 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 of the financial condition and results of operations of the Parent and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries. In addition, for so long as any Securities remain outstanding, if at any time the Parent is not required to file such information with the SEC if it were subject to Section 13 or 15(d) under the Exchange Act (including giving effect to any extension period under Rule 12b-25 under the Exchange Act), provide such documents and reports required by the preceding paragraphs, it shall furnish to the Holders Trustee and upon written request supply copies of the Securities such documents and prospective investors, upon their request, the information required reports to any Holder (which in each case may be delivered pursuant to Rule 144A(d)(4applicable Depository procedures) under the Securities Act. In addition, the Parent shall: (1) hold a quarterly conference call to discuss the information contained in the reports not later than ten business days from the time Parent furnishes the reports to the trustee and (2y) no fewer than three business days prior shall post such documents and reports on a website (which may be non-public) to the date of the conference call required to be held in accordance with clause (1) of this Section 4.02which any Holder, issue a press release to the appropriate U.S. wire services announcing the time and date of such conference call and directing the holders or beneficial owners ofprospective investor, and prospective investors in, the securities and securities analysts and market makers are given access; provided, however, that the Trustee shall have no liability whatsoever to contact an individual at determine if such materials have been so posted. Notwithstanding the foregoing, if the Parent satisfies its obligations in the preceding sentence by posting documents and reports on a website (for whom contact information shall be provided in such press release) to obtain the reports and information on how to access such conference call. The Company will also deliver other than pursuant to the TrusteeSEC’s XXXXX service or similar service), within 90 days after (a) the end Parent will not be required to furnish any information, certificates or reports required by (i) Section 302 or Section 404 of each fiscal yearthe Xxxxxxxx-Xxxxx Act of 2002, an Officers’ Certificate stating thator related Items 307 or 308 of Regulation S-K, (ii) Regulation G or Item 10(e) of Regulation S-K promulgated by the SEC with respect to the signing Officers’ knowledge, no Default has occurred under this Indentureany non-GAAP financial measures contained therein, or, if a Default has occurred, what action the Company and/or Guarantors are taking or propose to take with respect thereto.