Common use of Delivery of Rule 144A Information Clause in Contracts

Delivery of Rule 144A Information. If and so long as Company or any of the Guarantors is not subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act (other than, in the case of a Guarantor, because such Guarantor is exempt from such reporting requirements), the Company will prepare and will furnish to any Holder of any Notes (as defined in the Second Supplemental Indenture), any beneficial owner of an interest in a Global Note (as defined in the Second Supplemental Indenture), and any prospective purchaser or other prospective transferee of any Notes designated by such Holder or beneficial owner, promptly upon request and at the expense of Company, the financial statements and other information specified in Rule 144A(d)(4) (or any successor provision thereof) under the Securities Act, in each case to the extent necessary to permit the resale or other transfer of Notes and the related Guarantees by such Holder or beneficial owner to be made in compliance with Rule 144A (or any successor provision thereof) under the Securities Act."

Delivery of Rule 144A Information. If and so long as Company or any of the Guarantors is not subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act (other than, in the case of a Guarantor, because such Guarantor is exempt from such reporting requirements), the Company will prepare and will furnish to any Holder of any Notes (as defined in the Second First Supplemental Indenture), any beneficial owner of an interest in a Global Note (as defined in the Second First Supplemental Indenture), and any prospective purchaser or other prospective transferee of any Notes designated by such Holder or beneficial owner, promptly upon request and at the expense of Company, the financial statements and other information specified in Rule 144A(d)(4) (or any successor provision thereofsuccessor) under the Securities Act, in each case to the extent necessary to permit the resale or other transfer of Notes and the related Guarantees by such Holder or beneficial owner to be made in compliance with Rule 144A (or any successor provision thereofsuccessor) under the Securities Act."