Common use of Amendment to the Indenture Clause in Contracts

Amendment to the Indenture. The Indenture is hereby amended by deleting the second paragraph of Section 4.02 in its entirety and replacing it with the following: "If the Company is not subject to, or for any reason is not complying with, the requirements of Section 13 or 15(d) of the Exchange Act, the Company shall make available to all of the Holders all quarterly and annual reports which the Company would have been required to file with the SEC if it were subject to the requirements of Section 13 or 15(d) of the Exchange Act, including a "Management's Discussion and Analysis of Financial Condition and Results of Operations," and with respect to annual financial statements only, a report thereon by the Company's independent accountants. Notwithstanding the immediately preceding sentence, if (i) the Company is a subsidiary of a corporation or other person ("Parent") which is subject to and is complying with the requirements of Section 13 or 15(d) of the Exchange Act, and (ii) Parent has guaranteed the payment of the Principal of and interest on the Securities in accordance with their terms, then in lieu of complying with the foregoing the Company shall make available to all of the Holders, upon written request, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may by rules and regulations prescribe) which Parent is required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act."