Common use of Provision of Financial Information Clause in Contracts

Provision of Financial Information. The Guarantor will: (a) file with the Trustee, within fifteen (15) days after the Guarantor files them with the SEC, copies of the annual reports and information, documents and other reports which the Guarantor may be required to file with the SEC pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Guarantor is not required to file information, documents or reports pursuant to those sections, then the Guarantor will file with the Trustee and the SEC, in accordance with rules and regulations prescribed from time to time by the SEC, such of the supplementary and periodic information, documents and reports which Section 13 of the Exchange Act may require with respect to a security listed and registered on a national securities exchange on or prior to the respective dates by which the Guarantor would have been required to so file such documents if it were so subject; and (b) file with the Trustee and the SEC, in accordance with the rules and regulations prescribed from time to time by the SEC, such additional information, documents and reports with respect to compliance by the Guarantor with the conditions and covenants of the Indenture as may be required from time to time by such rules and regulations. Reports, information and documents filed with the SEC via the ▇▇▇▇▇ system will be deemed to be delivered to the Trustee as of the time of such filing via ▇▇▇▇▇ for purposes of this covenant; provided, however, that the Trustee shall have no obligation whatsoever to determine whether or not such information, documents or reports have been filed via ▇▇▇▇▇. 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 with any of the covenants relating to the Notes (as to which the Trustee is entitled to rely exclusively on an Officer’s Certificate).

Provision of Financial Information. The For so long as any Notes are outstanding, if at any time the Guarantor is not subject to the periodic reporting requirements of the Exchange Act for any reason, the Guarantor will: , at the Guarantor’s option, either (ai) file with the Trustee, SEC or (ii) post on the Guarantor’s website and will deliver to the Trustee within fifteen (15) 15 days after the Guarantor files them with the SEC, copies of the annual reports and information, documents and other reports which the Guarantor may filing date that would be required applicable to file with the SEC a non-accelerated filer at that time pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Guarantor is not required to file information, documents or reports pursuant to those sections, then the Guarantor will file with the Trustee and the SEC, in accordance with applicable SEC rules and regulations prescribed from time to time by regulations, the SEC, such quarterly and audited annual financial statements and accompanying “Management’s Discussion and Analysis of the supplementary Financial Condition and periodic information, documents and reports which Section 13 Results of the Exchange Act may require with respect to a security listed and registered on a national securities exchange on or prior to the respective dates by which the Guarantor Operations” that would have been required to so file be contained in annual reports on Form 10-K and quarterly reports on Form 10-Q, respectively, had the Guarantor been subject to such Exchange Act reporting requirements. The Trustee shall have no obligation to determine whether or not such reports, information, statements or documents if it were so subject; and (b) file with have been filed, posted or delivered. Delivery of such reports, information, statements and documents to the Trustee is for informational purposes only and the SECTrustee’s receipt of such shall not constitute notice of any information contained therein or determinable from information contained therein, in accordance including the Company’s or the Guarantor’s compliance with the rules and regulations prescribed from time to time by the SEC, such additional information, documents and reports with respect to compliance by the Guarantor with the conditions and covenants any of the Indenture as may be required from time to time by such rules and regulationscovenants under the Indenture. Reports, information and documents filed with the SEC via the ▇▇▇▇▇ system will be deemed to be delivered to the Trustee as of the time of such filing via ▇▇▇▇▇ for purposes of this covenantSection 6.5; provided, however, that the Trustee shall have no obligation whatsoever to determine whether or not such information, documents or reports have been filed via ▇▇▇▇▇. 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 or the Guarantor’s compliance with any of the covenants relating to the Notes (as to which the Trustee is entitled to rely exclusively on an Officer’s Certificate).

Provision of Financial Information. The Guarantor willWhether or not required by the Commission, so long as any Notes are outstanding, the Parent will furnish to the Holders, or file electronically with the Commission through the Commission’s Electronic Data Gathering, Analysis and Retrieval System (or any successor system), within the time periods specified in the Commission’s rules and regulations: (a1) file with the Trustee, within fifteen (15) days after the Guarantor files them with the SEC, copies of the all quarterly and annual reports and information, documents and other reports which the Guarantor may financial information that would be required to file be contained in a filing by the Parent with the SEC pursuant to Section 13 or Section 15(d) of the Exchange Act; or, Commission on Forms 10-Q and 10-K if the Guarantor is not Parent were required to file informationsuch Forms, documents or reports pursuant to those sectionsincluding a “Management’s discussion and analysis of financial condition and results of operations” and, then the Guarantor will file with the Trustee and the SEC, in accordance with rules and regulations prescribed from time to time by the SEC, such of the supplementary and periodic information, documents and reports which Section 13 of the Exchange Act may require with respect to the annual information only, a security listed and registered report on a national securities exchange on or prior to the respective dates annual financial statements by which the Guarantor would have been required to so file such documents if it were so subjectParent’s certified independent accountants; and (b2) file all current reports that would be required to be filed by the Parent with the Trustee Commission on Form 8-K if the Parent were required to file such reports. In addition, whether or not required by the Commission, the Parent will file a copy of all of the information and the SEC, reports referred to in accordance clauses (1) and (2) above with the Commission for public availability within the time periods specified in the Commission’s rules and regulations prescribed from time (unless the Commission will not accept such a filing) and make such information available to time by prospective investors. In addition, the SECParent has agreed that, for so long as any Notes remain outstanding, it will furnish to the Holders of such additional informationNotes and to prospective investors, documents and reports with respect to compliance by upon their request, the Guarantor with the conditions and covenants of the Indenture as may be information required from time to time by such rules and regulations. Reports, information and documents filed with the SEC via the ▇▇▇▇▇ system will be deemed to be delivered pursuant to Rule 144A(d)(4) under the Trustee as of the time of such filing via ▇▇▇▇▇ for purposes of this covenant; provided, however, that the Trustee shall have no obligation whatsoever to determine whether or not such information, documents or reports have been filed via ▇▇▇▇▇Securities Act. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of the its covenants relating to the Notes hereunder (as to which the Trustee is entitled to rely exclusively on an Officer’s CertificateOfficers’ Certificates). The Trustee shall have no responsibility or liability for the filing, content or timeliness of any such report, information or document other than the report of the Trustee specifically required hereunder.

Provision of Financial Information. The Guarantor will(a) Whether or not required by the rules and regulations of the Commission, so long as any Notes are outstanding, the Parent will furnish to the Trustee: (a1) file all quarterly and annual reports that would be required to be filed with the TrusteeCommission on Forms 10-Q and 10-K if the Parent were required to file such reports; and (2) all current reports that would be required to be filed with the Commission on Form 8-K if the Parent were required to file such reports, in each case within fifteen (15) days after the Guarantor files them Parent is required to file such reports with the SEC, copies Commission pursuant to the applicable rules and regulations of the annual reports and informationCommission (or, documents and other reports which if Parent is not so subject to the Guarantor may periodic reporting requirements of the Exchange Act, within 15 days after the Parent would be required to file such reports with the SEC Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Guarantor is not required to file information, documents or reports pursuant to those sections, then the Guarantor will file with the Trustee and the SEC, in accordance with applicable rules and regulations prescribed from time to time by the SEC, such of the supplementary and periodic information, documents and reports which Section 13 of Commission had the Exchange Act may require with respect to a security listed and registered on a national securities exchange on or prior to the respective dates by which the Guarantor would have Parent been required to so file such documents if it were so subject; and (b) file with the Trustee and the SEC, in accordance with the rules and regulations prescribed from time to time by the SEC, such additional information, documents and reports with respect to compliance by the Guarantor with the conditions and covenants of the Indenture as may be required from time to time by such rules and regulations). Reports, information and documents filed with the SEC Commission via the Commission’s Electronic Data Gathering, Analysis and Retrieval system (“▇▇▇▇▇ system ▇”) will be deemed to be delivered furnished to the Trustee as of the time of such filing via ▇▇▇▇▇ for purposes of this covenant; provided, however, that the Trustee shall have no obligation whatsoever to determine whether or not such information, documents or reports have been filed via ▇▇▇▇▇. 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 Issuer’s compliance with any of the its covenants relating to the Notes (as to which the Trustee is entitled to rely exclusively on an Officerofficer’s Certificatecertificate). Following the consummation of the Exchange Offer contemplated by the Registration Rights Agreement, the Issuer will file a copy of each of the reports referred to in clauses (1) and (2) above with the Commission for public availability within the time periods specified in the rules and regulations applicable to such reports (unless the Commission will not accept such a filing) and will make the reports available on its website within fifteen (15) days after it files such reports with the Commission. (b) For so long as any Notes remain outstanding, if at any time they are not required to file with the Commission the reports required by paragraph (a) of this Section 4.06, the Issuer and the Guarantors will furnish to the Holders and to prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act.

Provision of Financial Information. The Guarantor will: (a) file with Company shall, so long as any Notes are outstanding, deliver to the Trustee, Trustee within fifteen (15) 15 days after the Guarantor it files them with the SEC, SEC 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 the Guarantor may be Company is required to file with the SEC pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if . If the Guarantor Company is not so required to file information, documents or such reports pursuant to those sectionswith the SEC under said Sections, then the Guarantor will file with the Trustee and the SEC, in accordance with rules and regulations prescribed from time to time by the SEC, such of the supplementary and periodic information, documents and reports which Section 13 of the Exchange Act may require with respect to a security listed and registered on a national securities exchange on or prior to the respective dates by which the Guarantor would have been Company shall be required to so file such documents if it were so subject; and (b) file with the Trustee and the SEC, in accordance with the rules and regulations prescribed from time to time by the SEC, such additional information, documents and reports with respect to compliance by the Guarantor with the conditions and covenants of the Indenture supplementary and periodic reports which may be required pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be required from time to time by prescribed in such rules and regulations. The Company shall also comply with the other provisions of TIA Section 314(a). Reports, information and documents filed with the SEC via the ▇SEC’s E▇▇▇▇ system will be deemed to be delivered to the Trustee as of the time of such filing via ▇the SEC’s E▇▇▇▇ system for purposes of this covenant; Section 7.3, provided, however, that the Trustee shall have no obligation whatsoever to determine whether or not such information, documents or reports have been filed via the SEC’s E▇▇▇▇▇▇ system. Delivery of such reports, information and documents to the Trustee under this Section 7.3 is for informational purposes only and the Trustee’s receipt of such the foregoing shall not constitute constructive or actual notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of the its covenants relating to the Notes hereunder (as to which the Trustee is entitled to rely exclusively on an Officer’s CertificateOfficers’ Certificates).

Provision of Financial Information. The Guarantor will(a) Whether or not required by the rules and regulations of the Commission, so long as any Notes are outstanding, the Issuer will furnish to the Trustee: (a1) file all quarterly and annual reports that would be required to be filed with the TrusteeCommission on Forms 10-Q and 10-K if the Issuer were required to file such reports; and (2) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuer were required to file such reports, in each case within fifteen (15) days after the Guarantor Issuer files them such reports with the SEC, copies of the annual reports and information, documents and other reports which the Guarantor may Commission or would be required to file such reports with the SEC Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Guarantor is not required to file information, documents or reports pursuant to those sections, then the Guarantor will file with the Trustee and the SEC, in accordance with applicable rules and regulations prescribed from time to time by the SEC, such of the supplementary and periodic informationCommission, documents and reports which Section 13 of the Exchange Act may require with respect to a security listed and registered on a national securities exchange on or prior to the respective dates by which the Guarantor would have been required to so file such documents if it were so subject; and (b) file with the Trustee and the SEC, in accordance with the rules and regulations prescribed from time to time by the SEC, such additional information, documents and reports with respect to compliance by the Guarantor with the conditions and covenants of the Indenture as may be required from time to time by such rules and regulationswhichever is earlier. Reports, information and documents filed with the SEC Commission via the Commission's Electronic Data Gathering, Analysis and Retrieval system ("E▇▇▇▇▇ system ") will be deemed to be delivered to the Trustee as of the time of such filing via ▇E▇▇▇▇ for purposes of this covenant; provided, however, that the Trustee shall have no obligation whatsoever to determine whether or not such information, documents or reports have been filed via E▇▇▇▇▇. Delivery of ▇ and it being understood that such reports, information and documents are delivered to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice Trustee has no liability or responsibility for the timeliness or content of any information contained therein or determinable from information contained therein, including compliance such report. All such reports will be prepared in all material respects in accordance with any all of the covenants relating rules and regulations applicable to such reports. Each annual report on Form 10-K will include a report on the Issuer's consolidated financial statements by its independent registered public accounting firm, unless otherwise permitted by the Commission. Following the consummation of the Exchange Offer contemplated by the Registration Rights Agreement, the Issuer will file a copy of each of the reports referred to in clauses (1) and (2) above with the Commission for public availability within the time periods specified in the rules and regulations applicable to such reports (unless the Commission will not accept such a filing) and will make the reports available on its website within fifteen (15) days after it files such reports with the Commission. If, at any time after consummation of the Exchange Offer contemplated by the Registration Rights Agreement, the Issuer is no longer subject to the periodic reporting requirements of the Exchange Act for any reason, the Issuer will nevertheless continue filing the reports specified in clauses (1) and (2) above with the Commission within the time periods specified above unless the Commission will not accept such a filing. The Issuer will not take any action for the purpose of causing the Commission not to accept any such filings. If, notwithstanding the foregoing, the Commission will not accept the Issuer's filings for any reason, the Issuer will make the reports referred to in clauses (1) and (2) above available on its website within fifteen (15) days after the Issuer would be required to file such reports with the Commission. (b) For so long as any Notes remain outstanding, if at any time it is not required to file with the Commission the reports required by paragraphs (as a) of this Section 4.06, the Issuer will furnish to which the Trustee is entitled Holders and to rely exclusively on an Officer’s Certificate)prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act.

Provision of Financial Information. The Guarantor willSo long as any Notes are outstanding, the Parent will furnish to the Holders of Notes, or file electronically with the Commission through the Commission’s Electronic Data Gathering, Analysis and Retrieval System (or any successor system), within the time periods specified in the Commission’s rules and regulations: (a1) file with the Trustee, within fifteen (15) days after the Guarantor files them with the SEC, copies of the all quarterly and annual reports and information, documents and other reports which the Guarantor may financial information that would be required to file be contained in a filing with the SEC pursuant to Section 13 or Section 15(d) of the Exchange Act; or, Commission on Forms 10-Q and 10-K if the Guarantor is not Parent were required to file informationsuch Forms, documents or reports pursuant to those sectionsincluding a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, then the Guarantor will file with the Trustee and the SEC, in accordance with rules and regulations prescribed from time to time by the SEC, such of the supplementary and periodic information, documents and reports which Section 13 of the Exchange Act may require with respect to the annual information only, a security listed and registered report on a national securities exchange on or prior to the respective dates annual financial statements by which the Guarantor would have been required to so file such documents if it were so subjectParent’s certified independent accountants; and (2) all current reports that would be required to be filed with the Commission on Form 8-K if the Parent were required to file such reports. Notwithstanding the foregoing, (a) the Parent may satisfy its obligations to deliver the information and reports referred to in clauses (1) and (2) above by filing the same 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 prospective investors, (b) file with the Trustee and the SEC, in accordance with unless required by the rules and regulations prescribed from time to time by the SEC, such additional information, documents and reports with respect to compliance by the Guarantor with the conditions and covenants of the Indenture as may Commission, no certifications or attestations concerning disclosure controls and procedures or internal controls, and no certifications, that would otherwise be required from time pursuant to time by such rules and regulations. Reports, information and documents filed with the SEC via the ▇▇▇▇▇ system will be deemed to be delivered to the Trustee as of the time of such filing via ▇▇▇▇-▇▇▇▇▇ for purposes Act of 2002 will be required at any time when the Parent would not otherwise be subject to such statute and (c) nothing contained in this covenant; provided, however, that Indenture shall otherwise require the Trustee shall have no obligation whatsoever Parent to determine whether or not such information, documents or reports have been filed via comply with the terms of the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 at any time when it would not otherwise be subject to such statute. Delivery of such reportsIn addition for so long as any Notes remain outstanding, information the Parent and documents the Guarantors will furnish to the Trustee is for informational purposes only Holders and to prospective investors, upon their request, the Trustee’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including compliance with required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. If the Parent has designated any of its Subsidiaries as Unrestricted Subsidiaries, then the covenants relating to quarterly and annual financial information required by the Notes (as to which preceding paragraph shall include a reasonably detailed presentation, either on the Trustee is entitled to rely exclusively on an Officerface of the financial statements or in the footnotes thereto, and in “Management’s Certificate)Discussion and Analysis of Financial Condition and Results of Operations,” 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 of the Parent.

Provision of Financial Information. The Guarantor will: (a) file with So long as the TrusteeSecurities are outstanding, within fifteen (15) days after whether or not the Guarantor files them with Company or the SEC, copies Guarantors are subject to the reporting requirements of the annual reports and information, documents and other reports which the Guarantor may be required to file with the SEC pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Guarantor is not required to file information, documents or reports pursuant to those sections, then Company and the Guarantor will file Guarantors shall submit for filing with the Trustee Commission (unless the Commission will not accept such filings) the annual reports, quarterly reports and other documents relating to the Company and the SEC, in accordance with rules Guarantors that the Company and regulations prescribed from time to time by the SEC, such of the supplementary and periodic information, documents and reports which Section 13 of the Exchange Act may require with respect to a security listed and registered on a national securities exchange on or prior to the respective dates by which the Guarantor Guarantors would have been required to so file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act if the Company and the Guarantors were subject to such documents if it were so subject; and (b) reporting requirements. The Company and the Guarantors shall also provide to all Holders and file with the Trustee copies of such annual reports, quarterly reports and other documents required to be furnished to securityholders generally under Sections 13 and 15(d) of the Exchange Act. In addition, for so long as any Securities remain outstanding and prior to the latter of the consummation of the Registered Exchange Offer and the SEC, in accordance with the rules and regulations prescribed from time to time by the SEC, such additional information, documents and reports with respect to compliance by the Guarantor with the conditions and covenants filing of the Indenture Shelf Registration Statement (as may be defined in the Registration Rights Agreement), if required, the Company shall furnish to the Holders and prospective investors, upon their request, the information required from time to time by such rules and regulations. Reports, information and documents filed with the SEC via the ▇▇▇▇▇ system will be deemed to be delivered pursuant to Rule 144A(d)(4) under the Trustee as of the time of such filing via ▇▇▇▇▇ for purposes of this covenant; provided, however, that the Trustee shall have no obligation whatsoever to determine whether or not such information, documents or reports have been filed via ▇▇▇▇▇Securities Act. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s 's receipt of such shall not constitute constructive notice of the Trustee of any information contained therein or determinable from information contained therein, including the Company's compliance with any of the its covenants relating to the Notes hereunder (as to which the Trustee is entitled to rely exclusively on an Officer’s CertificateOfficers' Certificates).

Provision of Financial Information. The Guarantor will(a) Whether or not ---------------------------------- required by the rules and regulations of the Commission, so long as any Securities are outstanding, the Company shall furnish to the holders of Securities: (a1) file with the Trustee, within fifteen (15) days after the Guarantor files them with the SEC, copies of the all quarterly and annual reports and information, documents and other reports which the Guarantor may financial information that would be required to file be contained in a filing with the SEC pursuant to Section 13 or Section 15(d) of the Exchange Act; or, Commission on Forms 10-Q and 10-K if the Guarantor is not Company were required to file informationsuch forms, documents or reports pursuant to those sections, then including a section entitled "Management's Discussion and Analysis of Financial Condition and Results of Operations" that describes the Guarantor will file with the Trustee financial condition and the SEC, in accordance with rules and regulations prescribed from time to time by the SEC, such results of operations of the supplementary Company and periodic informationits consolidated Subsidiaries and, documents and reports which Section 13 of the Exchange Act may require with respect to annual information only, a security listed and registered on a national securities exchange on or prior to report thereon by the respective dates by which the Guarantor would have been required to so file such documents if it were so subjectCompany's certified independent accountants; and (2) 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 period specified in the Commission's rules and regulations. (b) file with Following the Trustee consummation of the Exchange Offer contemplated by the Exchange and the SECRegistration Rights Agreement, in accordance with whether or not required by the rules and regulations prescribed from time to time by of the SECCommission, the Company shall file a copy of all such additional information, documents information and reports with respect to compliance by the Guarantor specified in Sections 4.02(a)(1) and 4.02(a)(2) with the conditions and covenants of Commission for public availability within the Indenture as may be required from time to time by such periods specified in the Commission's rules and regulationsregulations (unless the Commission will not accept such a filing) and make such information available to prospective investors upon request. ReportsIn addition, the Company shall, for so long as any Securities remain outstanding, furnish to the holders of Securities, upon request, the information and documents filed with the SEC via the ▇▇▇▇▇ system will be deemed required to be delivered pursuant to Rule 144A(d)(4) under the Trustee as Securities Act. The Company shall also comply with Section 314(a) of the time of such filing via ▇▇▇▇▇ for purposes of this covenant; provided, however, that the Trustee shall have no obligation whatsoever to determine whether or not such information, documents or reports have been filed via ▇▇▇▇▇. 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 with any of the covenants relating to the Notes (as to which the Trustee is entitled to rely exclusively on an Officer’s Certificate)TIA.

Provision of Financial Information. The Guarantor will(a) Whether or not required by the rules and regulations of the Commission, so long as any Securities are outstanding, the Company shall furnish to the holders of Securities: (a1) file with the Trustee, within fifteen (15) days after the Guarantor files them with the SEC, copies of the all quarterly and annual reports and information, documents and other reports which the Guarantor may financial information that would be required to file be contained in a filing with the SEC pursuant to Section 13 or Section 15(d) of the Exchange Act; or, Commission on Forms 10-Q and 10-K if the Guarantor is not Company were required to file informationsuch forms, documents or reports pursuant to those sections, then including a section entitled "Management's Discussion and Analysis of Financial Condition and Results of Operations" that describes the Guarantor will file with the Trustee financial condition and the SEC, in accordance with rules and regulations prescribed from time to time by the SEC, such results of operations of the supplementary Company and periodic informationits consolidated Subsidiaries and, documents and reports which Section 13 of the Exchange Act may require with respect to annual information only, a security listed and registered on a national securities exchange on or prior to report thereon by the respective dates by which the Guarantor would have been required to so file such documents if it were so subjectCompany's certified independent accountants; and (2) 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 period specified in the Commission's rules and regulations; and (3) To the extent required under any applicable law, statute, rule or regulation (including any rules promulgated under the Securities Act), all quarterly and annual balance sheet, income statement and cash flow financial information required to be furnished pursuant to Sections 4.02(a)(1) and 4.02(a)(2), adjusted to exclude the operations of TeleCorp Wireless and Tritel and all adjustments related to the Merger other than the AT&T Wireless Services Contribution and the AT&T Wireless Exchange. (b) file with Following the Trustee consummation of the Exchange Offer contemplated by the Exchange and the SECRegistration Rights Agreement, in accordance with whether or not required by the rules and regulations prescribed from time to time by of the SECCommission, the Company shall file a copy of all such additional information, documents information and reports with respect to compliance by the Guarantor specified in Sections 4.02(a)(1) and 4.02(a)(2) with the conditions and covenants of Commission for public availability within the Indenture as may be required from time to time by such periods specified in the Commission's rules and regulationsregulations (unless the Commission will not accept such a filing) and make such information available to prospective investors upon request. ReportsIn addition, the Company shall, for so long as any Securities remain outstanding, furnish to the holders of Securities, upon request, the information and documents filed with the SEC via the ▇▇▇▇▇ system will be deemed required to be delivered pursuant to Rule 144A(d)(4) under the Trustee as Securities Act. The Company shall also comply with Section 314(a) of the time of such filing via ▇▇▇▇▇ for purposes of this covenant; provided, however, that the Trustee shall have no obligation whatsoever to determine whether or not such information, documents or reports have been filed via ▇▇▇▇▇. 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 with any of the covenants relating to the Notes (as to which the Trustee is entitled to rely exclusively on an Officer’s Certificate)TIA.

Provision of Financial Information. This Section 6.5 will replace Section 4.2 of the Base Indenture with respect to the Notes. The Guarantor will: (a) file with the Trustee, within fifteen (15) days after the Guarantor files them with the SEC, copies of the annual reports and information, documents and other reports which the Guarantor may be required to file with the SEC pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Guarantor is not required to file information, documents or reports pursuant to those sections, then the Guarantor will file with the Trustee and the SEC, in accordance with rules and regulations prescribed from time to time by the SEC, such of the supplementary and periodic information, documents and reports which Section 13 of the Exchange Act may require with respect to a security listed and registered on a national securities exchange on or prior to the respective dates by which the Guarantor would have been required to so file such documents if it were so subject; and (b) file with the Trustee and the SEC, in accordance with the rules and regulations prescribed from time to time by the SEC, such additional information, documents and reports with respect to compliance by the Guarantor with the conditions and covenants of the Indenture as may be required from time to time by such rules and regulations. Reports, information and documents filed with the SEC via the ▇▇▇▇▇ system will be deemed to be delivered to filed with the Trustee as of the time of such filing via ▇▇▇▇▇ for purposes of this covenant; provided, however, that the Trustee shall have no obligation whatsoever to determine whether or not such information, documents or reports have been filed via ▇▇▇▇▇. Delivery of such reports, information and documents to the Trustee (and/or their availability on ▇▇▇▇▇) is for informational purposes only and the Trustee’s receipt (or the availability thereof) of such shall not constitute actual or constructive notice or actual or constructive knowledge of any information contained therein or determinable from information contained therein, including compliance with any of the covenants relating to the Notes (as to which the Trustee is entitled to rely exclusively on an Officer’s Certificate). The Trustee shall not be obligated to monitor or confirm, on a continuing basis or otherwise, the Company’s, the Guarantor’s or any other Person’s compliance with the covenants described herein or with respect to any reports or other documents filed with the SEC or on ▇▇▇▇▇ or under this Indenture or participate in any conference calls.