Common use of Communication of Information Clause in Contracts

Communication of Information. (i) Unless the information required to be delivered under this Condition 9.1 is made available for free on the Stock Exchange’s or if applicable, the Alternative Stock Exchange’s website or if applicable, other designated filing systems, the Issuer shall make such information available to the Bondholders (and holders of beneficial interests in the Bond), who shall have executed and delivered to the Issuer or another member of the Group, as the case may be a confidentiality agreement in connection with the transactions contemplated by this Instrument, by, at the Issuer’s sole discretion, either (A) delivering such information directly to the Bondholders at such electronic mail addresses as the relevant Bondholders have provided to the Issuer at the Issuer’s request, or (B) posting such information on IntraLinks or another similar electronic system. In the case of clause (B) above, the Issuer shall administer and maintain IntraLinks or such other similar electronic system for the Bondholders (and holders of beneficial interests in the Bonds) and maintain all such information posted on IntraLinks or such other similar electronic system for as long as the Bonds are outstanding. Such delivery of information by the Issuer or access by a Bondholder (or holder of beneficial interests in the Bonds) to IntraLinks or such other similar electronic system shall be subject to the condition that such Bondholder (or such holder of beneficial interests in the Bonds) shall have executed and delivered to the Issuer or another member of the Group, as the case may be, a confidentiality agreement in connection with the transactions contemplated by this Instrument on terms customary for transactions of this nature. (ii) The Issuer shall not be obligated to deliver any confidential reports or other confidential information to any Bondholders (or any holder of beneficial interests in the Bonds) who has not executed and delivered to the Issuer or another member of the Group, as the case may be, a confidentiality agreement in connection with the transactions contemplated by this Instrument.

Communication of Information. (i) Unless The Issuer shall make available to the Holders (and holders of beneficial interests in the Securities), who shall have executed and delivered a Confidentiality Agreement (subject to clause (e) of this Section 4.02) in accordance with the terms of this Indenture, the information required to be delivered under this Condition 9.1 is made available for free Section 4.02 by posting such information on the Stock Exchange’s iDeals Virtual Data Room or if applicableanother similar electronic system, the Alternative Stock Exchange’s website or if applicable, other designated filing systems, and the Issuer shall make administer and maintain iDeals Virtual Data Room or such information available to other similar electronic system for the Bondholders Holders (and holders of beneficial interests in the BondSecurities), who shall have executed and delivered to the Issuer or another member of the Group, as the case may be a confidentiality agreement in connection with the transactions contemplated by this Instrument, by, at the Issuer’s sole discretion, either (A) delivering such information directly to the Bondholders at such electronic mail addresses as the relevant Bondholders have provided to the Issuer at the Issuer’s request, or (B) posting such information on IntraLinks or another similar electronic system. In the case of clause (B) above, the Issuer shall administer and maintain IntraLinks or such other similar electronic system for the Bondholders (and holders of beneficial interests in the Bonds) and maintain all such information posted on IntraLinks or such other similar electronic system for as long as the Bonds are outstanding. Such delivery of information by the Issuer or access Access by a Bondholder Holder (or holder of beneficial interests in the BondsSecurities) to IntraLinks iDeals Virtual Data Room or such other similar electronic system shall be subject to the condition that such Bondholder Holder (or such holder of beneficial interests in the BondsSecurities) shall have executed and delivered to a Confidentiality Agreement in accordance with the terms of this Indenture. The Issuer shall maintain all such information posted on iDeals Virtual Data Room or another member of the Group, such other similar electronic system for as long as the case may be, a confidentiality agreement in connection with the transactions contemplated by this Instrument on terms customary for transactions of this natureSecurities are outstanding. (ii) The Issuer Delivery of information under this Section 4.02 to the Trustee shall be for informational purposes only, and the Trustee’s receipt thereof shall not constitute constructive notice of any information contained therein or determinable from any information contained therein, including compliance by the Issuer or any of its Subsidiaries with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates or certificates or statements delivered to the Trustee pursuant to Section 4.02(c)(iii)). Neither the Issuer nor the Parent Guarantor shall be obligated to deliver any confidential reports or other confidential information to any Bondholders Holder (or any holder of beneficial interests in the BondsSecurities) who has not executed a Confidentiality Agreement in accordance with the terms of this Indenture. The Issuer shall provide the Trustee with a list of such Holders (or holders of beneficial interests in the Securities) and delivered shall update such list after the execution and delivery to the Issuer or another member of the Group, as the case may be, a confidentiality agreement in connection Confidentiality Agreement by any Person not already party to such a Confidentiality Agreement with the transactions contemplated by this InstrumentIssuer. The Trustee shall have no duty to monitor the iDeals Virtual Data Room or other similar electronic system site.

Communication of Information. (i) Unless The Issuer shall make available to the Holders (and holders of beneficial interests in the Securities), who shall have executed and delivered a Confidentiality Agreement in accordance with the terms of this Indenture, the information required to be delivered under this Condition 9.1 is made available for free Section 4.02 by posting such information on the Stock Exchange’s Debtdomain or if applicableanother similar electronic system, the Alternative Stock Exchange’s website or if applicable, other designated filing systems, and the Issuer shall make administer and maintain Debtdomain or such information available to other similar electronic system for the Bondholders Holders (and holders of beneficial interests in the BondSecurities), who shall have executed and delivered to the Issuer or another member of the Group, as the case may be a confidentiality agreement in connection with the transactions contemplated by this Instrument, by, at the Issuer’s sole discretion, either (A) delivering such information directly to the Bondholders at such electronic mail addresses as the relevant Bondholders have provided to the Issuer at the Issuer’s request, or (B) posting such information on IntraLinks or another similar electronic system. In the case of clause (B) above, the Issuer shall administer and maintain IntraLinks or such other similar electronic system for the Bondholders (and holders of beneficial interests in the Bonds) and maintain all such information posted on IntraLinks or such other similar electronic system for as long as the Bonds are outstanding. Such delivery of information by the Issuer or access Access by a Bondholder Holder (or holder of beneficial interests in the BondsSecurities) to IntraLinks Debtdomain or such other similar electronic system shall be subject to the condition that such Bondholder Holder (or such holder of beneficial interests in the BondsSecurities) shall have executed and delivered to a Confidentiality Agreement in accordance with the terms of this Indenture. The Issuer shall maintain all such information posted on Debtdomain or another member of the Group, such other similar electronic system for as long as the case may be, a confidentiality agreement in connection with the transactions contemplated by this Instrument on terms customary for transactions of this natureSecurities are outstanding. (ii) The Issuer Delivery of information under this Section 4.02 to the Trustee shall be for informational purposes only, and the Trustee’s receipt thereof shall not constitute constructive notice of any information contained therein or determinable from any information contained therein, including compliance by the Issuer or any of its Subsidiaries with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates or certificates or statements delivered to the Trustee pursuant to Section 4.02(c)). Neither the Issuer nor the Guarantors shall be obligated to deliver any confidential reports or other confidential information to any Bondholders Holder (or any holder of beneficial interests in the BondsSecurities) who has not executed a Confidentiality Agreement in accordance with the terms of this Indenture. The Issuer shall provide the Trustee with a list of such Holders (or holders of beneficial interests in the Securities) and delivered shall update such list after the execution and delivery to the Issuer or another member of the Group, as the case may be, a confidentiality agreement in connection Confidentiality Agreement by any Person not already party to such a Confidentiality Agreement with the transactions contemplated by this InstrumentIssuer. The Trustee shall have no duty to monitor the Debtdomain site.

Communication of Information. (i) Unless The Issuer shall make available to the Holders (and holders of beneficial interests in the Securities) or prospective Holders of the Securities at the written request of such Holder or prospective Holder, who shall have executed and delivered a Confidentiality Agreement in accordance with the terms of this Indenture (but only to the extent such Holders or prospective Holders would like to receive confidential information with respect to the Issuer, the Guarantors, the Securities or the Notes Collateral), the information required to be delivered under this Condition 9.1 is made available for free on the Stock Exchange’s or if applicable, the Alternative Stock Exchange’s website or if applicable, other designated filing systems, the Section 4.02. The Issuer shall make such information available be deemed to the Bondholders (and holders of beneficial interests have complied with its obligations in the Bond), who shall have executed and delivered to the Issuer or another member of the Group, as the case may be a confidentiality agreement in connection with the transactions contemplated immediately prior sentence by this Instrument, by, at the Issuer’s sole discretion, either (A) delivering such information directly to the Bondholders at such electronic mail addresses as the relevant Bondholders have provided to the Issuer at the Issuer’s request, or (B) posting such information on IntraLinks or another similar electronic system. In the case of clause (B) above, and, if it elects to utilize such electronic system, the Issuer shall administer and maintain IntraLinks or such other similar electronic system for the Bondholders Holders (and holders Holders of beneficial interests in the BondsSecurities). Access by a Holder (or Holder of beneficial interests in the Securities) or prospective Holder of the Securities to IntraLinks or such other similar electronic system shall be subject to the condition that such Holder (or such holder of beneficial interests in the Securities) or prospective Holder of the Securities shall have executed and delivered a Confidentiality Agreement in accordance with the terms of this Indenture (but only to the extent such Holders or prospective Holders would like to receive confidential information with respect to the Issuer, the Guarantors, the Securities or the Notes Collateral). Once posted, the Issuer shall maintain all such information posted on IntraLinks or such other similar electronic system for as long as the Bonds Securities are outstanding. Such delivery of information by the Issuer or access by a Bondholder (or holder of beneficial interests in the Bonds) to IntraLinks or such other similar electronic system shall be subject to the condition that such Bondholder (or such holder of beneficial interests in the Bonds) shall have executed and delivered to the Issuer or another member of the Group, as the case may be, a confidentiality agreement in connection with the transactions contemplated by this Instrument on terms customary for transactions of this nature. (ii) The Issuer Delivery of the reports and documents described in clauses (a), (d) and (e) above 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 Issuer’s compliance with any of its covenants under this Indenture (as to which the Trustee is entitled to conclusively rely on an Officer’s Certificate). Neither the Issuer nor the Guarantors shall be obligated to deliver any confidential reports or other confidential information to any Bondholders Holder (or any holder of beneficial interests in the BondsSecurities) or prospective Holder of the Securities who has not executed and delivered a Confidentiality Agreement in accordance with the terms of this Indenture (but only to the Issuer extent such Holders or another member of prospective Holders would like to receive confidential information with respect to the GroupIssuer, as the case may beGuarantors, a confidentiality agreement in connection with the transactions contemplated by this InstrumentSecurities or the Notes Collateral).

Communication of Information. (i) Unless The Issuer shall make available to the Holders (and holders of beneficial interests in the Securities), who shall have executed and delivered a Confidentiality Agreement in accordance with the terms of this Indenture, the information required to be delivered under this Condition 9.1 is made available for free on the Stock Exchange’s or if applicable, the Alternative Stock Exchange’s website or if applicable, other designated filing systems, the Issuer shall make such information available to the Bondholders (and holders of beneficial interests in the Bond), who shall have executed and delivered to the Issuer or another member of the Group, as the case may be a confidentiality agreement in connection with the transactions contemplated Section 4.02 by this Instrument, by, at the Issuer’s sole discretion, either (A) delivering such information directly to the Bondholders at such electronic mail addresses as the relevant Bondholders have provided to the Issuer at the Issuer’s request, or (B) posting such information on IntraLinks or another similar electronic system. In the case of clause (B) above, and the Issuer shall administer and maintain IntraLinks or such other similar electronic system for the Bondholders Holders (and holders of beneficial interests in the BondsSecurities). Access by a Holder (or holder of beneficial interests in the Securities) to IntraLinks or such other similar electronic system shall be subject to the condition that such Holder (or such holder of beneficial interests in the Securities) shall have executed and delivered a Confidentiality Agreement in accordance with the terms of this Indenture. The Issuer shall maintain all such information posted on IntraLinks or such other similar electronic system for as long as the Bonds Securities are outstanding. Such delivery of information by the Issuer or access by a Bondholder (or holder of beneficial interests in the Bonds) to IntraLinks or such other similar electronic system shall be subject to the condition that such Bondholder (or such holder of beneficial interests in the Bonds) shall have executed and delivered to the Issuer or another member of the Group, as the case may be, a confidentiality agreement in connection with the transactions contemplated by this Instrument on terms customary for transactions of this nature. (ii) The Issuer Delivery of information under this Section 4.02 to the Trustee shall be for informational purposes only, and the Trustee’s receipt thereof shall not constitute actual or constructive notice of any information contained therein or determinable from any information contained therein, including compliance by the Issuer or any of its Subsidiaries with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates or certificates or statements delivered to the Trustee pursuant to Section 4.02(c)). Neither the Issuer nor the Guarantors shall be obligated to deliver any confidential reports or other confidential information to any Bondholders Holder (or any holder of beneficial interests in the BondsSecurities) who has not executed a Confidentiality Agreement in accordance with the terms of this Indenture. The Issuer shall provide the Trustee with a list of such Holders (or holders of beneficial interests in the Securities) and delivered shall update such list after the execution and delivery to the Issuer or another member of the Group, as the case may be, a confidentiality agreement in connection Confidentiality Agreement by any Person not already party to such a Confidentiality Agreement with the transactions contemplated by this InstrumentIssuer. The Trustee shall have no duty to monitor the IntraLinks site.

Communication of Information. (i) Unless The Issuer shall make available to the Holders (and holders of beneficial interests in the Securities), who shall have executed and delivered a Confidentiality Agreement in accordance with the terms of this Indenture, the information required to be delivered under this Condition 9.1 is made available for free on the Stock Exchange’s or if applicable, the Alternative Stock Exchange’s website or if applicable, other designated filing systems, the Issuer shall make such information available to the Bondholders (and holders of beneficial interests in the Bond), who shall have executed and delivered to the Issuer or another member of the Group, as the case may be a confidentiality agreement in connection with the transactions contemplated Section 4.02 by this Instrument, by, at the Issuer’s sole discretion, either (A) delivering such information directly to the Bondholders at such electronic mail addresses as the relevant Bondholders have provided to the Issuer at the Issuer’s request, or (B) posting such information on IntraLinks or another similar electronic system. In the case of clause (B) above, and the Issuer shall administer and maintain IntraLinks or such other similar electronic system for the Bondholders Holders (and holders of beneficial interests in the BondsSecurities). Access by a Holder (or holder of beneficial interests in the Securities) to IntraLinks or such other similar electronic system shall be subject to the condition that such Holder (or such holder of beneficial interests in the Securities) shall have executed and delivered a Confidentiality Agreement in accordance with the terms of this Indenture. The Issuer shall maintain all such information posted on IntraLinks or such other similar electronic system for as long as the Bonds Securities are outstanding. Such delivery of information by the Issuer or access by a Bondholder (or holder of beneficial interests in the Bonds) to IntraLinks or such other similar electronic system shall be subject to the condition that such Bondholder (or such holder of beneficial interests in the Bonds) shall have executed and delivered to the Issuer or another member of the Group, as the case may be, a confidentiality agreement in connection with the transactions contemplated by this Instrument on terms customary for transactions of this nature. (ii) The Issuer Delivery of information under this Section 4.02 to the Trustee shall be for informational purposes only, and the Trustee’s receipt thereof shall not constitute constructive notice of any information contained therein or determinable from any information contained therein, including compliance by the Issuer or any of its Subsidiaries with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates or certificates or statements delivered to the Trustee pursuant to Section 4.02(c)). Neither the Issuer nor the Guarantors shall be obligated to deliver any confidential reports or other confidential information to any Bondholders Holder (or any holder of beneficial interests in the BondsSecurities) who has not executed a Confidentiality Agreement in accordance with the terms of this Indenture. The Issuer shall provide the Trustee with a list of such Holders (or holders of beneficial interests in the Securities) and delivered shall update such list after the execution and delivery to the Issuer or another member of the Group, as the case may be, a confidentiality agreement in connection Confidentiality Agreement by any Person not already party to such a Confidentiality Agreement with the transactions contemplated by this InstrumentIssuer. The Trustee shall have no duty to monitor the IntraLinks site.