Common use of Reports to Holders Clause in Contracts

Reports to Holders. (a) Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file with the Commission, and provide to the Trustee and the Holders of the Notes, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 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 Officer’s Certificates).

Reports to Holders. (a) Notwithstanding that Whether or not the Company may not be is subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file with the Commission, and must provide to the Trustee and the Holders and, upon request, to any Holder of the NotesSecurities within fifteen (15) Business Days after filing, or in the annual reports and event no such filing is required, within fifteen (15) Business Days after the information, documents and other reports (or copies end of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods requiredspecified in those sections with: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Company were required to file such forms, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual financial statements only, a report thereon by the Company’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; provided, however, provided that availability of the foregoing delivery requirements shall be deemed satisfied if the foregoing materials are available on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy system or on the delivery obligations hereunderCompany’s website within the applicable time period. In addition, whether or not required by the event that Commission, the Company is not permitted will, if the Commission will accept the filing, file a copy of all of the information and reports referred to file such reports, documents in clauses (1) and information (2) with the Commission pursuant to for public availability within the Exchange Acttime periods specified in the Commission’s rules and regulations. In addition, the Company will nevertheless provide such Exchange Act make the information and reports available to the Trustee securities analysts and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by lawprospective investors upon request. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture herein to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 4.03 for purposes of Section 601(36.01(c) hereof until 90 days after the date any report hereunder under this Section 4.03 is due. (c) due to be delivered to the Trustee. Delivery of such reports, information the reports and documents described in subsection (1) above to the Trustee pursuant to this Section 405 is for informational purposes only 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 conclusively rely exclusively on Officer’s Certificatesan Officers’ Certificate).

Reports to Holders. (a) Notwithstanding that Whether or not required by the Company may not be subject to the reporting requirements of Section 13 or 15(d) rules and regulations of the Exchange ActSEC, to the extent permitted by the Exchange Actso long as any Notes are outstanding, the Company will file furnish the Holders and the Trustee: (a) all quarterly and annual financial information that would be required to be contained in a filing with the CommissionSEC on Forms 10-Q and 10-K if the Company were required to file such Forms, including a “Management’s Discussion and provide Analysis of Financial Condition and Results of Operations” that describes the financial condition and results of operations of the Company and its consolidated Subsidiaries and, with respect to the Trustee and annual information only, a report thereon by the Holders of Company’s certified independent accountants; and (b) all current reports that would be required to be filed with the Notes, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials SEC on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that Form 8-K if the Company is not permitted were required to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periodsperiods specified in the SEC’s rules and regulations. In addition, and the Company is whether or not required to file such reports, documents and information separately under by the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrarySEC, the Company will file a copy of all such information and reports with the SEC for public availability within the time periods specified in the SEC’s rules and regulations (unless the SEC will not accept such a filing) and make such information available to securities analysts and prospective investors upon request. In addition, the Company will furnish to Holders and to securities analysts and prospective investors, upon their request, the information required to be deemed delivered pursuant to have failed to comply with any of its obligations Rule 144A(d)(4) under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Securities Act. Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 is for informational purposes only and the Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge 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 Officer’s Officers’ Certificates).

Reports to Holders. (a) Notwithstanding that the Company may Whether or not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted required by the Exchange ActSEC, so long as any Notes are outstanding, the Company will file with the Commission, and provide shall furnish to the Trustee and the Holders of the Notes, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, 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 availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall would be deemed required to satisfy the delivery obligations hereunder. In the event that the Company is not permitted to file such reports, documents and information be contained in a filing with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee SEC on Forms 10-Q and the Holders of the Notes as 10-K if the Company were subject required to file these Forms, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the reporting requirements annual information only, a report on the annual financial statements by the Company’s independent registered public accounting firm; and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Company were required to file these reports. In addition, whether or not required by the SEC, the Company shall file a copy of Section 13 or 15(d) all of the Exchange Act information and reports referred to in clauses (i) and (ii) above with the SEC for public availability within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of specified in the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable SEC’s rules and regulations of (unless the Commission (SEC will not accept the filing) and make the information available to securities analysts and prospective investors upon request. From and after giving effect to the Issue Date and for so long as any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contraryNotes remain outstanding, the Company will not shall furnish to the Holders (with a copy to the Trustee) and to securities analysts and prospective investors, upon their request, the information required to be deemed delivered pursuant to have failed to comply with any of its obligations Rule 144A(d)(4) under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Securities Act. Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 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 Officer’s Officers’ Certificates).

Reports to Holders. (a) Notwithstanding that The Issuer shall file with the Company may not be subject to Trustee, within 15 days after it has filed the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file same with the Commission, and provide to the Trustee and the Holders copies of the Notes, the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) that are specified in Sections which it may be required to file with the Commission pursuant to Section 13 and or Section 15(d) of the Exchange Act within Act; provided that the time periods required; providedIssuer will be deemed to have filed copies of any such annual reports, howeverdocuments or other reports with the Trustee to the extent that such annual reports, that availability of documents or other reports are filed with the foregoing materials on the Commission’s ▇Commission via E▇▇▇▇ service shall be deemed to satisfy (or any successor electronic delivery procedure). (b) If the delivery obligations hereunder. In the event that the Company Issuer is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, it will, upon request, furnish to any prospective purchaser of the Notes or beneficial owner of the Notes in connection with any sale thereof the information required by Rule 144A(d)(4) under the U.S. Securities Act so long as any notes remain outstanding and constitute “restricted securities” within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information meaning of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately Rule 144(a)(3) under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is dueU.S. Securities Act. (c) Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 is for informational purposes only only, and the Trustee’s its receipt of such reports, information and documents shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the CompanyIssuer’s or any other Person’s compliance with any of its covenants hereunder under this Indenture or the Notes (as to which the Trustee is entitled to rely exclusively on the Officer’s CertificatesCertificates delivered pursuant to this Indenture).. The Trustee shall have no liability or responsibility for the content, filing or timeliness of any report delivered or filed under or in connection with this Indenture or the transactions contemplated thereunder. For the avoidance of doubt, the Trustee shall not have any duty to monitor, determine or inquire as to compliance or performance by the Issuer of its obligations under this Section 4.10 and the Trustee shall not be responsible or liable for the Issuer’s nonperformance or non-compliance with such obligations. ARTICLE FIVE CONSOLIDATION, MERGER OR SALE OF ASSETS

Reports to Holders. (a) Notwithstanding that Whether or not required by the Company may not be subject to the reporting requirements of Section 13 or 15(d) rules and regulations of the Exchange ActSEC, to the extent permitted by the Exchange Actso long as any Notes are outstanding, the Company will file furnish the Holders and the Trustee: (a) all quarterly and annual financial information that would be required to be contained in a filing with the CommissionSEC on Forms 10-Q and 10-K if the Company were required to file such Forms, including a “Management’s Discussion and provide Analysis of Financial Condition and Results of Operations” that describes the financial condition and results of operations of the Company and its consolidated Subsidiaries and, with respect to the Trustee and annual information only, a report thereon by the Holders of Company’s certified independent accountants; and (b) all current reports that would be required to be filed with the Notes, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials SEC on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that Form 8-K if the Company is not permitted were required to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periodsperiods specified in the SEC’s rules and regulations. In addition, and the Company is whether or not required to file such reports, documents and information separately under by the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrarySEC, the Company will file a copy of all such information and reports with the SEC for public availability within the time periods specified in the SEC’s rules and regulations (unless the SEC will not accept such a filing) and make such information available to securities analysts and prospective investors upon request. In addition, the Company will furnish to Holders and to securities analysts and prospective investors, upon their request, the information required to be deemed delivered pursuant to have failed to comply with any of its obligations Rule 144A(d)(4) under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Securities Act. Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 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 Officer’s Officers’ Certificates).

Reports to Holders. (a) Notwithstanding that the Company may not be required to be or remain subject to the reporting requirements of Section 13 13(a) or 15(d) of the Exchange Act, to the extent permitted by the Exchange Actso long as any Notes remain outstanding, the Company will file with or furnish to the Commission, and provide within the time periods applicable to the Trustee and Company under the Holders of Exchange Act (unless such filing is not permitted under the NotesExchange Act or by the Commission), the annual reports and the reports, information, documents and other reports that the Company is required to file with the Commission pursuant to such Section 13(a) or 15(d) or would be so required to file if the Company were so subject. The Company will also, within 15 days after the date on which the Company so files the same with the Commission (or would be required to so file if filing is not permitted by the Commission), deliver to the Holders by first-class mail to each Holder’s registered address and to the Trustee, copies of any such portions of any of the foregoing as the Commission may by rules information, documents and regulations prescribereports (without exhibits) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that so required to be filed. The availability of the foregoing materials on either the Commission’s ▇▇▇▇▇ service shall Electronic Data Gathering, Analysis and Retrieval System (or any successor system) or on the Company’s website will be deemed to satisfy the Company’s delivery obligations hereunderobligation. In the event that addition, at any time when the Company is or the Issuers are not permitted subject to file such reports, documents and information with the Commission pursuant to the Exchange Actor are not current in its reporting obligations, the Company or the Issuers, as the case may be, will nevertheless provide such Exchange make available, upon request, to any Holder, to securities analysts and to any prospective purchaser of Notes the information required pursuant to Rule 144A(d)(4) under the Securities Act information to the Trustee and the Holders of so long as the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is are not required to file such reports, documents and information separately freely transferable under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Securities Act. Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 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 conclusively rely exclusively on Officer’s Officers’ Certificates).

Reports to Holders. (a) Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file with the Commission, and provide to the Trustee and the Holders of the NotesSecurities, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the Company’s delivery obligations hereunder. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes Securities as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) If the Company has designated any of its Subsidiaries as an Unrestricted Subsidiary, then the quarterly and annual financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes to the financial statements, and in “Management’s Discussion and Analysis of Financial Condition and Results of Operations,” of the financial condition and results of operations of the Company and the Restricted Subsidiaries. (c) In addition, the Company has agreed that, for so long as any Securities remain outstanding, it will furnish to the Holders 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. (d) Notwithstanding anything in this Supplemental Indenture to the contraryIndenture, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 4.10 for purposes of Section 601(36.01(3) until 90 days after the date any report hereunder is due. (c) . Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 4.10 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 Officer’s Officers’ Certificates).

Reports to Holders. (a) Notwithstanding that Whether or not Opco is then required to file reports with the Company may SEC, Opco shall file with the SEC all such reports and other information as it would be required to file with the SEC by Sections 13(a) or 15(d) under the Exchange Act if it was subject thereto; provided, however, that, if filing such documents by Opco with the SEC is not permitted under the Exchange Act, Opco shall, within 15 days after the time Opco would be required to file such information with the SEC if it were subject to the reporting requirements of Section 13 or 15(d) of under the Exchange Act, to the extent permitted by the Exchange Act, the Company will file with the Commission, provide such documents and provide 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 Opco’s or Parent’s public website. Opco shall supply the Holders Trustee and each Holder or shall supply to the Trustee for forwarding to each such Holder upon such holder’s written request, without cost to such Holder, copies of such reports and other information provided, that the filing of such reports and other information with the SEC through E▇▇▇▇ (or any successor electronic reporting system of the Notes, SEC accessible to the annual reports and public without charge) constitutes delivery to the Trustee for purposes of this sentence. Delivery of such information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 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 Issuers’ compliance with any of its their covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). The Trustee is not obligated to confirm that Opco has complied with its obligations contained in this Section 4.15 to provide such reports or post such reports and information on its or its Parent’s public website. (b) So long as Parent is a Guarantor of the Notes, this Indenture will permit Opco to satisfy its obligations under this Section 4.15 with respect to filing, furnishing, providing or posting documents, reports and other information relating to Opco by Parent’s filing, furnishing, providing or posting, as the case may be, of such documents, reports and other information relating to Parent; provided that, if then required in Parent’s reports, the same is accompanied by consolidating information that explains in reasonable detail and in the same manner described in the Offering Memorandum the differences between the information relating to Parent and its consolidated Subsidiaries on the one hand, and the information relating to Parent, the Issuers and the Subsidiary Guarantors on a standalone basis, on the other hand, as of the ending date of the period covered by such report, which consolidating information shall be presented in accordance with Rule 3-10 of Regulation S-X under the Securities Act, or any successor provision. (c) Notwithstanding anything herein to the contrary, the Issuers will not be deemed to have failed to comply with any of their obligations in this Section 4.15 for purposes of Section 6.01(e) until 120 days after the receipt of the written notice delivered thereunder. (d) To the extent any information is not provided within the time periods specified in this Section 4.15 and such information is subsequently provided, the Issuers will be deemed to have satisfied their obligations with respect thereto at such time and any Default with respect thereto shall be deemed to have been cured.

Reports to Holders. (a) Notwithstanding that Whether or not required by the Company may not be subject to the reporting requirements of Section 13 or 15(d) rules and regulations of the Exchange ActCommission, to the extent permitted by the Exchange Actso long as any Notes are outstanding, the Company will file with the Commission, and provide to the Trustee and shall furnish the Holders of Notes and to the NotesTrustee: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Company were required to file such 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 the Company and its consolidated Subsidiaries (showing in reasonable 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 annual reports financial condition and the information, documents and other reports (or copies results of such portions of any operations of the foregoing as Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company, if any) and, with respect to the annual information only, a report thereon by the Company’s certified independent accountants; and (2) all current reports that would be required to be filed with the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that Form 8-K if the Company is not permitted were required to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periodsperiods specified in the Commission’s rules and regulations. In addition, and the Company is whether or not required to file such reports, documents and information separately under by the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contraryCommission, 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 Notes remain outstanding, it shall furnish to the Holders, the Trustee and to securities analysts and prospective investors, upon their request, the information required to be deemed delivered pursuant to Rule 144A(d)(4) under the Securities Act. The Trustee shall have failed no responsibility whatsoever to comply determine if any such filings have taken place, provided, however, that the Company shall promptly notify the Trustee in writing whenever it shall have made such filings with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Commission. Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 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 Officer’s Officers’ Certificates).

Reports to Holders. (a) Notwithstanding that Whether or not Opco is then required to file reports with the Company may SEC, Opco shall file with the SEC all such reports and other information as it would be required to file with the SEC by Sections 13(a) or 15(d) under the Exchange Act if it was subject thereto; provided, however, that, if filing such documents by Opco with the SEC is not permitted under the Exchange Act, Opco shall, within 15 days after the time Opco would be required to file such information with the SEC if it were subject to the reporting requirements of Section 13 or 15(d) of under the Exchange Act, to the extent permitted by the Exchange Act, the Company will file with the Commission, provide such documents and provide reports to the Trustee and the Holders of the Notes, the annual reports and the information, documents and other reports (or upon written request supply copies of such portions documents and reports to any Holder and shall post such documents and reports on Opco’s or Parent’s public website. Opco shall supply the Trustee and each Holder or shall supply to the Trustee for forwarding to each such Holder upon such holder’s written request, without cost to such Holder, copies of any of the foregoing as the Commission may by rules such reports and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; other information provided, however, that availability the filing of such reports and other information with the foregoing materials on the Commission’s SEC through ▇▇▇▇▇ service shall be deemed (or any successor electronic reporting system of the SEC accessible to satisfy the public without charge) constitutes delivery obligations hereunderto the trustee for purposes of this sentence. In the event that the Company is not permitted to file Delivery of such reportsinformation, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information reports to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 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 Issuers’ compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). The Trustee is not obligated to confirm that Opco has complied with its obligations contained in this Section 4.15 to provide such reports or post such reports and information on its or its Parent’s public website. (b) So long as the Parent is a Guarantor of the Notes, this Indenture will permit Opco to satisfy its obligations under this Section 4.15 with respect to filing, furnishing, providing or posting documents, reports and other information relating to Opco by Parent’s filing, furnishing, providing or posting, as the case may be, of such documents, reports and other information relating to the Parent; provided that, if then required in Parent’s reports, the same is accompanied by consolidating information that explains in reasonable detail and in the same manner described in the Offering Memorandum the differences between the information relating to Parent and its consolidated Subsidiaries on the one hand, and the information relating to Parent, the Issuers and the Subsidiary Guarantors on a standalone basis, on the other hand, as of the ending date of the period covered by such report, which consolidating information shall be presented in accordance with Rule 3-10 of Regulation S-X under the Securities Act, or any successor provision.

Reports to Holders. Whether or not required by the rules and regulations of the SEC, so long as any Notes are outstanding, the Company shall furnish to the Trustee and, upon request, to the Holders of Notes: (a) Notwithstanding 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 Company may not be subject were required to file such Forms, including a "Management's Discussion and Analysis of Financial Condition and Results of Operations" that describes the reporting requirements financial condition and results of Section 13 or 15(d) operations of the Exchange ActCompany and its consolidated Subsidiaries (showing in reasonable 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 Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company, if any, but only to the extent permitted such Unrestricted Subsidiaries are material to the consolidated results of operations or financial condition of the Company or Holdings, as applicable) and, with respect to the annual information only, a report thereon by the Exchange Act, Company's certified independent accountants; and (b) all current reports that would be required to be filed with the SEC on Form 8-K if the Company will were required to file with the Commissionsuch reports, and provide to the Trustee and the Holders of the Notes, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act each case within the time periods requiredspecified in the SEC's rules and regulations; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that the Company so long as Holdings is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders a Guarantor of the Notes as if and complies with the Company were subject to the reporting requirements of Section 13 Rule 3-10 of Regulation S-X promulgated by the SEC (or 15(d) any successor provision), the reports, information and other documents required to be filed and provided as described hereunder may, at the option of the Company, be filed by and be those of Holdings rather than the Company. In addition, following the consummation of the Exchange Act within the time periods Offer, whether or not required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrarySEC, the Company shall file a copy of all such information and reports with the SEC for public availability within the time periods specified in the SEC'S rules and regulations (unless the SEC will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Delivery of accept such reportsa filing). In addition, information and documents prior to the Trustee consummation of the Exchange Offer, for so long as any Notes remain outstanding, the Company shall furnish to the Holders, upon their request, the information required to be delivered pursuant to this Section 405 is for informational purposes only and Rule 144A(d)(4) under 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 Officer’s Certificates)Securities Act.

Reports to Holders. (a) Notwithstanding that Whether or not required by the Company may not be subject to the reporting requirements of Section 13 or 15(d) rules and regulations of the Exchange ActCommission, to the extent permitted by the Exchange Actso long as any Notes are outstanding, the Company will file with the Commission, and provide to the Trustee and furnish the Holders of Notes: (i) all quarterly and annual financial information that would be required to be contained in a filing with the NotesCommission on Forms 10-Q and 10-K if the Company were required to file such 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 the Company and its consolidated Subsidiaries (if the Company has designated any Unrestricted Subsidiaries and such Unrestricted Subsidiaries would, individually or in the aggregate, if a Restricted Subsidiary or Restricted Subsidiaries, as the case may be, of the Company constitute a Significant Subsidiary, showing in reasonable 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 Company and its Restricted Subsidiaries separate from the financial condition and results of operations of such Unrestricted Subsidiaries of the Company) and, with respect to the annual information only, a report thereon by the Company's certified independent accounts; and (ii) all current reports and the information, documents and other reports (or copies of such portions of any of the foregoing as that would be required to be filed with the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that Form 8-K if the Company is not permitted were required to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periodsperiods specified in the Commission's rules and regulations. In addition, and following the Company is consummation of the exchange offer contemplated by the Registration Rights Agreement, whether or not required to file such reports, documents and information separately under by the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contraryCommission, the Company will not be deemed to have failed to comply with any file a copy of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Delivery of all such reports, information and documents 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 Notes remain outstanding, it will furnish to the Trustee Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to this Section 405 is for informational purposes only and Rule 144A(d)(4) under 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 Officer’s Certificates)Securities Act.

Reports to Holders. (a) So long as the Notes are outstanding the Issuer will deliver to the Trustee within 15 days after the filing of the same with the SEC, copies of the quarterly and annual reports and of the information, documents and other reports, if any, which the Issuer is required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act. Notwithstanding that the Company Issuer may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to so long as the extent permitted by Notes are outstanding the Exchange Act, the Company Issuer will file with the CommissionSEC, to the extent permitted, and provide to the Trustee and the Holders of the Notes, the with such annual reports and the such information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within Act. In addition, the time periods required; provided, however, that availability Issuer will make such information available to the Holders of the foregoing materials on Notes upon reasonable request. Notwithstanding the Commission’s ▇▇▇▇▇ service shall foregoing, the Issuer will be deemed to satisfy the delivery obligations hereunder. In the event that the Company is not permitted have furnished such reports referred to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information above to the Trustee and the Holders of the Notes as if the Company were subject Issuer has filed such reports with the SEC via the ▇▇▇▇▇ filing system and such reports are publicly available. (b) For the avoidance of doubt, such information and reports referred to in this section shall not be required to contain separate financial information for Guarantors that would be required under Rule 3-10 of Regulation S-X promulgated by the SEC, except to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods extent required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect SEC if such rules are actually applicable; provided, however, that the Trustee shall have no obligation to any exemptive relief) because determine whether or not the Issuer shall have made such filings; provided, further, that if such full information is not provided, summary Guarantor/non-Guarantor information shall be provided consistent with the level of information in the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is dueOffering Memorandum. (c) Delivery of such reports, reports and information and documents to the Trustee pursuant to this Section 405 is shall be for informational purposes only and the Trustee’s receipt of such them shall not constitute constructive notice of any information contained therein or determinable from information contained therein, therein (including the CompanyIssuer’s compliance with any of its covenants hereunder (under this Indenture as to which the Trustee is entitled to rely exclusively on an Officer’s CertificatesCertificate).

Reports to Holders. (a) Notwithstanding that Whether or not required by the Company may not be subject to the reporting requirements of Section 13 or 15(d) rules and regulations of the Exchange ActCommission, to the extent permitted by the Exchange Actso long as any Securities are outstanding, the Company will file with shall furnish the CommissionTrustee, and provide for delivery to the Trustee and the Holders of the Notes, the Securities upon their written request therefor: (i) all quarterly and annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) financial information that are specified would be required to be contained in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that the Company is not permitted to file such reports, documents and information a filing with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee on Forms 10-Q and the Holders of the Notes as 10-K if the Company were subject required to file such 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 the Company and its consolidated Subsidiaries, and, with respect to the reporting requirements of Section 13 or 15(dannual information only, a report thereon by the Company’s certified independent accountants; and (ii) of all current reports that would be required to be filed with the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements Commission on Form 8-K if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not were required to file such reports, documents in the case of each of clauses (i) and information separately under (ii) above, within 30 days after the applicable rules and regulations of Company files the same with the Commission (after giving effect or if not subject to any exemptive relief) because the periodic reporting requirements of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contraryExchange Act, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 within 30 days after it would have been required to file the date any report hereunder is due. (c) Delivery same with the Commission); provided that the delivery of such reports, information and documents to the Trustee pursuant to this Section 405 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 under the Indenture (as to which the Trustee is entitled to rely exclusively on Officer’s Officers’ Certificates). (b) In addition, 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 (unless the Commission will not accept such a filing) and make such information available to securities analysts and prospective investors upon request. To the extent that the Company files such information and reports with the Commission and such information and reports are publicly available via ▇▇▇▇▇ on the Commission’s website, then the Company shall not be required to furnish such information and reports to the Trustee for delivery to the Holders of the Securities.

Reports to Holders. The Company shall: (a1) Notwithstanding that file with the Trustee, within 15 days after the Company may not be subject to has filed the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file same with the Commission, and provide to the Trustee and the Holders copies of the Notes, the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) that are specified in Sections which the Company may be required to file with the Commission pursuant to Section 13 and or Section 15(d) of the Exchange Act within the time periods requiredAct; providedor, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file information, documents or reports pursuant to either of said Sections, then it shall file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such reportsof the supplementary and periodic information, documents and information separately under reports which may be required pursuant to Section 13 of the applicable Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations; (2) file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such additional information, documents and reports with respect to compliance by the Company with the conditions and covenants of the Commission (after giving effect this Indenture as may be required from time to any exemptive relief) because of the filings time by Holdings.such rules and regulations; and (b3) Notwithstanding anything transmit by mail to all Holders, as their names and addresses appear in this Supplemental Indenture the register maintained by the Registrar pursuant to the contrarySection 2.04, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 within 30 days after the date filing thereof with the Trustee, such summaries of any report hereunder is due. information, documents and reports required to be filed by the Company pursuant to Section 4.08(1) or (c2) as may be required by rules and regulations prescribed from time to time by the Commission. Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 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 Officer’s 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 delivering of the same to the Trustee.

Reports to Holders. (a) Notwithstanding that The Issuer shall file with the Company may not be subject to Trustee, within 15 days after it has filed the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file same with the Commission, and provide to the Trustee and the Holders copies of the Notes, the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) that are specified in Sections which it may be required to file with the Commission pursuant to Section 13 and or Section 15(d) of the Exchange Act within Act; provided that the time periods required; providedIssuer will be deemed to have filed copies of any such annual reports, howeverdocuments or other reports with the Trustee to the extent that such annual reports, that availability of documents or other reports are filed with the foregoing materials on the Commission’s Commission via ▇▇▇▇▇ service shall be deemed to satisfy (or any successor electronic delivery procedure). (b) If the delivery obligations hereunder. In the event that the Company Issuer is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, it will, upon request, furnish to any prospective purchaser of the Notes or beneficial owner of the Notes in connection with any sale thereof the information required by Rule 144A(d)(4) under the U.S. Securities Act so long as any notes remain outstanding and constitute “restricted securities” within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information meaning of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately Rule 144(a)(3) under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is dueU.S. Securities Act. (c) Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 is for informational purposes only only, and the Trustee’s its receipt of such reports, information and documents shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the CompanyIssuer’s or any other Person’s compliance with any of its covenants hereunder under this Indenture or the Notes (as to which the Trustee is entitled to rely exclusively on the Officer’s CertificatesCertificates delivered pursuant to this Indenture). The Trustee shall have no liability or responsibility for the content, filing or timeliness of any report delivered or filed under or in connection with this Indenture or the transactions contemplated thereunder. For the avoidance of doubt, the Trustee shall not have any duty to monitor, determine or inquire as to compliance or performance by the Issuer of its obligations under this Section 4.10 and the Trustee shall not be responsible or liable for the Issuer’s nonperformance or non-compliance with such obligations.

Reports to Holders. (a) Notwithstanding that The Company shall file with the Company may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange ActTrustee, to the extent permitted by the Exchange Act, the Company will file within 15 days after filing with the Commission, and provide to the Trustee and the Holders copies of the Notes, the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections the Company files with the Commission pursuant to Section 13 and or 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunderAct. In the event that the Company is not permitted no longer subject to these periodic reporting requirements of the Exchange Act, it will nonetheless continue to file such reports, documents and information reports with the Commission and the Trustee as if it were subject to such periodic reporting requirements. 42 Regardless of whether the Company is required to furnish such reports to its stockholders pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information shall cause its consolidated financial statements, comparable to that which would have been required to appear in annual or quarterly reports, to be delivered to the Trustee holders of the Notes. MODIFICATION OF THE INDENTURE From time to time, the Company and the Holders Trustee without the consent of the holders of the Notes may amend the Indenture for certain specified purposes, including curing ambiguities, defects or inconsistencies so long as if such change does not, in the Company were subject to the reporting requirements of Section 13 or 15(d) opinion of the Exchange Act within Trustee, adversely affect the time periods required by lawrights of any of the holders in any material respect. The Company In formulating its opinion on such matters, the Trustee will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 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 Officer’s Certificates)such evidence as it deems appropriate, including, without limitation, solely on an Opinion of Counsel. Other modifications and amendments of the Indenture may be made with the consent of the holders of a majority in principal amount of the then outstanding Notes, except that, without the consent of each holder of the Notes affected thereby, no amendment may (i) change the principal amount of Notes whose holders must consent to an amendment, supplement or waiver of any provision of the indenture, (ii) reduce the rate or extend the time for payment of interest on any Notes, (iii) reduce the principal amount of any Notes, (iv) change the maturity date of any Notes or alter the optional redemption provisions in the Indenture or the Notes in a manner adverse to any holder, (v) make any changes in the provisions concerning waivers of Defaults or Events of Default by holders or the rights of holders to recover the principal of, interest on or optional redemption payment with respect to any Notes or (vi) make the principal of, or interest on, any Notes payable with anything or in any manner other than as provided for in the Indenture and the Notes. CERTAIN DEFINITIONS Set forth below is a summary of certain of the defined terms used in the Indenture. Reference is made to the Indenture for the full definition of all such terms, as well as any other terms used herein for which no definition is provided.

Reports to Holders. (a) Notwithstanding that The Issuer shall file with the Company may not be subject to Trustee, within 15 days after it has filed the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file same with the Commission, and provide to the Trustee and the Holders copies of the Notes, the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) that are specified in Sections which it may be required to file with the Commission pursuant to Section 13 and or Section 15(d) of the Exchange Act within Act; provided that the time periods required; providedIssuer will be deemed to have filed copies of any such annual reports, howeverdocuments or other reports with the Trustee to the extent that such annual reports, that availability of documents or other reports are filed with the foregoing materials on the Commission’s Commission via ▇▇▇▇▇ service shall be deemed to satisfy (or any successor electronic delivery procedure). (b) If the delivery obligations hereunder. In the event that the Company Issuer is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, it will, upon request, furnish to any prospective purchaser of the Notes or beneficial owner of the Notes in connection with any sale thereof the information required by Rule 144A(d)(4) under the U.S. Securities Act so long as any Notes remain outstanding and constitute “restricted securities” within the meaning of Rule 144(a)(3) under the U.S. Securities Act. (c) To the extent that any reports or other information is not furnished within the time periods required by law. The Company specified Section 4.11(a) and such reports or other information is subsequently furnished, the Issuer will be deemed to have satisfied such reporting requirements if Holdings files it obligations with respect thereto and provides reports, documents and information any Default or Event of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not Default with respect thereto shall be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is duebeen cured. (cd) Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 is for informational purposes only only, and the Trustee’s its receipt of such reports, information and documents shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the CompanyIssuer’s, the Guarantor’s or any other Person’s compliance with any of its covenants hereunder under this Indenture or the Notes (as to which the Trustee is entitled to rely exclusively on the Officer’s CertificatesCertificates delivered pursuant to this Indenture). The Trustee shall have no liability or responsibility for the content, filing or timeliness of any report delivered or filed under or in connection with this Indenture or the transactions contemplated thereunder. For the avoidance of doubt, the Trustee shall not have any duty to monitor, determine or inquire as to compliance or performance by the Issuer of its obligations under this Section 4.11 and the Trustee shall not be responsible or liable for the Issuer’s nonperformance or non-compliance with such obligations.

Reports to Holders. (a) Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d) 7.3 of the Exchange ActIndenture is amended and restated in its entirety as follows: Tyson Foods, Inc., a Delaware corporation ("Tyson"), shall: (1) file with the Trustee, within 15 days after Tyson is required to file the extent permitted by the Exchange Act, the Company will file same with the Commission, and provide to the Trustee and the Holders copies of the Notes, the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) that are specified in Sections which Tyson may be required to file with the Commission pursuant to Section 13 and or Section 15(d) of the Exchange Act within the time periods requiredAct; providedor, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company Tyson is not required to file information, documents or reports pursuant to either of such reportsSections, then it shall file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and information separately under reports which may be required pursuant to Section 13 of the applicable Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations; (2) file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such additional information, documents and reports required to be filed with respect to compliance by Tyson with the conditions and covenants of the Commission (after giving effect this Indenture as may be required from time to any exemptive relief) because of the filings time by Holdings.such rules and regulations; and (b3) Notwithstanding anything transmit to all Holders, in this Supplemental Indenture the manner and to the contraryextent provided in TIA Section 313(c), within 30 days after the Company will not filing thereof with the Trustee, such summaries of any information, documents and reports required to be deemed filed by Tyson pursuant to have failed to comply with any of its obligations under clause paragraphs (a1) and (2) of this Section 405 for purposes of Section 601(3) until 90 days after as may be required by rules and regulations prescribed from time to time by the date any report hereunder is due. (c) Commission. Delivery of such reportsinformation, information documents and documents reports to the Trustee pursuant to this Section 405 is for informational purposes only and the Trustee’s 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s Tyson's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Officers' Certificates).

Reports to Holders. (a) Notwithstanding that Whether or not the Company may not be is then subject to the reporting requirements of Section 13 13(a) or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will electronically file with the Commission, and provide to so long as the Trustee and the Holders of the NotesSenior Discount Notes are outstanding, the annual reports, quarterly reports and the information, documents and other periodic reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that the Company is not permitted would be required to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as Section 13(a) or 15(d) if the Company were subject so subject, and such documents will be filed with the Commission on or prior to the reporting requirements 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 Commission. If such filings with the Commission are not then permitted by the Commission, or such filings are not generally available on the Internet free of charge, the Company 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 Senior Discount Note register, and file with the Trustee copies of the annual reports, quarterly reports and other periodic reports that the Company would be required to file with the Commission pursuant to Section 13 13(a) or 15(d) of the Exchange Act within if the time periods required by lawCompany 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. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information So long as any of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately Senior Discount Notes remain restricted under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contraryRule 144, the Company will not be deemed make available upon request to have failed to comply any prospective purchaser of Senior Discount Notes or beneficial owner of Senior Discount Notes in connection with any of its obligations sale thereof the information required by Rule 144A(d)(4) under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Securities Act. Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 is for informational purposes only and the Trustee’s 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Officers' Certificates).

Reports to Holders. (a) Notwithstanding that The Issuer shall file with the Company may not be subject to Trustee, within 15 days after it has filed the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file same with the Commission, and provide to the Trustee and the Holders copies of the Notes, the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall which it may be deemed to satisfy the delivery obligations hereunder. In the event that the Company is not permitted required to file such reports, documents and information with the Commission pursuant to Section 13 or Section 15(d) of the U.S. Exchange Act; provided that the Issuer will be deemed to have filed copies of any such annual reports, documents or other reports with the Company will nevertheless provide such Exchange Act information Trustee to the Trustee and extent that such annual reports, documents or other reports are filed with the Holders of Commission via EDGAR (or any successor electronic delivery procedure). (b) If the Notes as if the Company were Issuer is not subject to the reporting requirements of Section 13 or 15(d) of the U.S. Exchange Act, it will, upon request, furnish to any prospective purchaser of the Notes or beneficial owner of the Notes in connection with any sale thereof the information required by Rule 144A(d)(4) under the U.S. Securities Act so long as any Notes remain outstanding and constitute “restricted securities” within the meaning of Rule 144(a)(3) under the U.S. Securities Act. (c) To the extent that any reports or other information is not furnished within the time periods required by law. The Company specified Section 4.10(a) and such reports or other information is subsequently furnished, the Issuer will be deemed to have satisfied such reporting requirements if Holdings files its obligations with respect thereto and provides reports, documents and information any Default or Event of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not Default with respect thereto shall be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is duebeen cured. (cd) Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 is for informational purposes only only, and the Trustee’s its receipt of such reports, information and documents shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the CompanyIssuer’s or any other Person’s compliance with any of its covenants hereunder under this Indenture or the Notes (as to which the Trustee is entitled to rely exclusively on the Officer’s CertificatesCertificates delivered pursuant to this Indenture). The Trustee shall have no liability or responsibility for the content, filing or timeliness of any report delivered or filed under or in connection with this Indenture or the transactions contemplated thereunder. For the avoidance of doubt, the Trustee shall not have any duty to monitor, determine or inquire as to compliance or performance by the Issuer of its obligations under this Section 4.10 and the Trustee shall not be responsible or liable for the Issuer’s nonperformance or non-compliance with such obligations.

Reports to Holders. (a) Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file with the Commission, and provide to the Trustee and the Holders of the Notes, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the Company’s delivery obligations hereunder; provided, further, that the Trustee shall have no liability or responsibility whatsoever to determine if such materials have been so made available. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 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 conclusively on an Officer’s CertificatesCertificate). (b) Notwithstanding anything in the Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under Section 4.09(a) for purposes of Section 6.01(a)(3) until 90 days after the date any report hereunder is due.

Reports to Holders. (a) Notwithstanding that The Issuer shall file with the Company may not be subject to Trustee, within 15 days after it has filed the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file same with the Commission, and provide to the Trustee and the Holders copies of the Notes, the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) that are specified in Sections which it may be required to file with the Commission pursuant to Section 13 and or Section 15(d) of the Exchange Act within Act; provided that the time periods required; providedIssuer will be deemed to have filed copies of any such annual reports, howeverdocuments or other reports with the Trustee to the extent that such annual reports, that availability of documents or other reports are filed with the foregoing materials on the Commission’s Commission via ▇▇▇▇▇ service shall be deemed to satisfy (or any successor electronic delivery procedure). (b) If the delivery obligations hereunder. In the event that the Company Issuer is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, it will, upon request, furnish to any prospective purchaser of the Notes or beneficial owner of the Notes in connection with any sale thereof the information required by Rule 144A(d)(4) under the U.S. Securities Act so long as any Notes remain outstanding and constitute “restricted securities” within the meaning of Rule 144(a)(3) under the U.S. Securities Act. (c) To the extent that any reports or other information is not furnished within the time periods required by law. The Company specified Section 4.11(a) and such reports or other information is subsequently furnished, the Issuer will be deemed to have satisfied such reporting requirements if Holdings files it obligations with respect thereto and provides reports, documents and information any Default or Event of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not Default with respect thereto shall be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is duebeen cured. (cd) Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 is for informational purposes only only, and the Trustee’s its receipt of such reports, information and documents shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the CompanyIssuer’s, any Guarantors’ or any other Person’s compliance with any of its covenants hereunder under this Indenture or the Notes (as to which the Trustee is entitled to rely exclusively on the Officer’s CertificatesCertificates delivered pursuant to this Indenture). The Trustee shall have no liability or responsibility for the content, filing or timeliness of any report delivered or filed under or in connection with this Indenture or the transactions contemplated thereunder. For the avoidance of doubt, neither the Trustee nor the Security Agent shall have any duty to monitor, determine or inquire as to compliance or performance by the Issuer of its obligations under this Section 4.11 and the Trustee and the Security Agent shall not be responsible or liable for the Issuer’s nonperformance or non-compliance with such obligations.

Reports to Holders. (a) Notwithstanding that Whether or not required by the Company may not be subject to the reporting requirements of Section 13 or 15(d) rules and regulations of the Exchange ActCommission, to the extent permitted by the Exchange Actso long as any Securities are outstanding, the Company will shall file a copy of the following information and reports with the Commission, Commission for public availability (unless the Commission will not accept such a filing) and provide shall furnish to the Trustee and the Holders of Securities and to securities analysts and prospective investors, upon their written request: (i) all quarterly and annual financial information that would be required to be contained in a filing with the NotesCommission on Forms 10-Q and 10-K if the Company were required to file such 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 the Company and its consolidated Subsidiaries and, with respect to the annual information only, a report thereon by the Company’s certified independent accountants; and (ii) all current reports and the information, documents and other reports (or copies of such portions of any of the foregoing as that would be required to be filed with the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that Form 8-K if the Company is not permitted were required to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periodsperiods specified in the Commission’s rules and regulations. In addition, and the Company is whether or not required to file such reports, documents and information separately under by the applicable 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 (after giving effect unless the Commission will not accept such a filing) and make such information available to securities analysts and prospective investors upon written request to the Company. In addition, for so long as any exemptive reliefSecurities remain outstanding, the Company shall furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) because under the Securities Act. Notwithstanding the foregoing, so long as QD Inc. is a Guarantor, the information and reports required to be filed and provided as described above may be those of QD Inc., rather than the Company, so long as such filing would satisfy the requirements of the filings by Holdings. (b) Notwithstanding anything Exchange Act and the regulations promulgated thereunder. Promptly following the filing of the annual financial information described above, but in this Supplemental Indenture to no event later than 105 days after the contraryend of each fiscal year, and concurrently with the delivery of any applicable notice of redemption in connection with a redemption under Section 3.07(c), the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Delivery of such reports, information and documents deliver to the Trustee pursuant an Officers’ Certificate stating the amount of Consolidated Excess Cash Flow for such fiscal year and setting forth in reasonable detail the basis upon which such amount was computed. The Trustee shall have no obligation to this Section 405 is for informational purposes only and confirm or investigate the Trustee’s receipt accuracy of mathematical calculations or other facts stated in 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 Officer’s Certificates)Officers’ Certificate.

Reports to Holders. (a) Notwithstanding that Whether or not required by the Company may not be subject to the reporting requirements of Section 13 or 15(d) rules and regulations of the Exchange ActCommission, to the extent permitted by the Exchange Actso long as any Securities are outstanding, the Company will shall file a copy of the following information and reports with the Commission, Commission for public availability (unless the Commission will not accept such a filing) and provide shall furnish to the Trustee and the Holders of Securities and to securities analysts and prospective investors, upon their written request: (i) all quarterly and annual financial information that would be required to be contained in a filing with the NotesCommission on Forms 10-Q and 10-K if the Company were required to file such 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 the Company and its consolidated Subsidiaries and, with respect to the annual information only, a report thereon by the Company’s certified independent accountants; and (ii) all current reports and the information, documents and other reports (or copies of such portions of any of the foregoing as that would be required to be filed with the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that Form 8-K if the Company is not permitted were required to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periodsperiods specified in the Commission’s rules and regulations. In addition, and the Company is whether or not required to file such reports, documents and information separately under by the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contraryCommission, 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 written request to the Company. In addition, for so long as any Securities remain outstanding, the Company shall furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be deemed delivered pursuant to have failed to comply with any of its obligations Rule 144A(d)(4) under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder Securities Act. Notwithstanding the foregoing, so long as QD Inc. is due. (c) Delivery of such reportsa Guarantor, the information and documents reports required to be filed and provided as described above may be those of QD Inc., rather than the Trustee pursuant to this Section 405 is for informational purposes only Company, so long as such filing would satisfy the requirements of the Exchange Act and the Trustee’s receipt regulations promulgated thereunder. The Trustee shall have no obligation to confirm or investigate the accuracy of mathematical calculations or other facts stated in 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 Officer’s Certificates)Officers’ Certificate.

Reports to Holders. (a) Notwithstanding that Whether or not required by the Company may not be subject to the reporting requirements of Section 13 or 15(d) rules and regulations of the Exchange ActCommission, to the extent permitted by the Exchange Actso long as any Securities are outstanding, the Company will file with shall furnish the CommissionTrustee, and provide for delivery to the Trustee and the Holders of the Notes, the Securities upon their written request therefor: (i) all quarterly and annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) financial information that are specified would be required to be contained in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that the Company is not permitted to file such reports, documents and information a filing with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee on Forms 10-Q and the Holders of the Notes as 10-K if the Company were subject required to file such 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 the Company and its consolidated Subsidiaries, and providing financial information for the Unrestricted Subsidiaries of the Company separate from the financial information of Company and its Restricted Subsidiaries in a manner that is, at a minimum, consistent with the disclosure relating to the reporting requirements of Section 13 or 15(dfinancial information for the Company’s Unrestricted Subsidiaries that is included in the Prospectus Supplement, and, with respect to the annual information only, a report thereon by the Company’s certified independent accountants; and (ii) of all current reports that would be required to be filed with the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements Commission on Form 8-K if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not were required to file such reports, documents in the case of each of clauses (i) and information separately under (ii), within 15 days after the applicable rules and regulations of Company files the same with the Commission (after giving effect or if not subject to any exemptive relief) because the periodic reporting requirements of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contraryExchange Act, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 within 15 days after it would have been required to file the date any report hereunder is due. (c) Delivery same with the Commission); provided that the delivery of such reports, information and documents to the Trustee pursuant to this Section 405 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 under the Indenture (as to which the Trustee is entitled to rely exclusively on Officer’s Officers’ Certificates). (b) In addition, 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 (unless the Commission will not accept such a filing) and make such information available to securities analysts and prospective investors upon request. To the extent that the Company files such information and reports with the Commission and such information and reports are publicly available via ▇▇▇▇▇ on the Commission’s website, then the Company shall furnish such information and reports to the Trustee by electronic mail, provided that the Trustee shall not be required to deliver such materials to the Holders of the Securities.

Reports to Holders. (a) The Company shall deliver to the Trustee within 15 days after the filing of the same with the Commission, copies of the quarterly and annual reports and of the information, documents and other reports, if any, which the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will shall file with the Commission, to the extent permitted, and provide to the Trustee and the Holders of the Notes, the with such annual reports and the such information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within Act. The Company shall also comply with the time periods required; providedother provisions of TIA (S) 314(a). (b) At the Company's expense, however, that availability regardless of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that whether the Company is not permitted required to file furnish such reports, documents reports and other information with the Commission referred to in paragraph (a) above to its stockholders pursuant to the Exchange Act, the Company will nevertheless provide shall cause such Exchange Act reports and other information to the Trustee and be mailed to the Holders at their addresses appearing in the register of Notes maintained by the Notes as Registrar within 15 days after it files (or if the Company were it is no longer subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to such requirement, would have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not been required to file such reports, documents and information separately under file) them with the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is dueSEC. (c) Delivery The Company shall provide to any Holder any information reasonably requested by such Holder concerning the Company (including financial statements) necessary in order to permit such Holder to sell or transfer Notes in compliance with Rule 144A under the Act. (d) At the Company's expense, the Company shall cause an annual report if furnished by it to stockholders generally and each quarterly or other financial report if furnished by it to stockholders generally to be filed with the Trustee and mailed to the Holders at their addresses appearing in the register of Notes maintained by the Registrar at the time of such reportsmailing or furnishing to stockholders. The Company shall make such annual, information quarterly and documents other financial reports available to the Trustee pursuant to this Section 405 is for informational purposes only securities analysts 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 Officer’s Certificates)prospective investors upon request.

Reports to Holders. (a) Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file with the Commission, Commission and provide to the Trustee with such annual and the Holders of the Notes, the annual quarterly reports and the such information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within and applicable to a U.S. corporation subject to such sections, such information, documents and reports to be so filed and provided at the time periods requiredtimes specified for the filing of such information, documents and reports under such sections; provided, however, that availability (1) the Company will not be required to provide the Trustee with any such information, documents and reports that are filed with the Commission and (2) the Company will not be so obligated to file such information, documents and reports with the Commission if the Commission does not permit such filings; provided further, however, that if the Commission does not permit such filings, the Company will be required to provide to Holders any such information, documents or reports that are not so filed. The Company will also comply with the other provisions of TIA Section 314(a), including the provision of the foregoing materials on the Commission’s ▇▇▇▇▇ service compliance certificate under TIA Section 314(a)(4), which compliance certificate shall be deemed delivered to satisfy the delivery obligations hereunder. In Trustee, commencing with the year 2014. (b) Notwithstanding anything herein to the contrary, in the event that the Company is not permitted fails to comply with its obligation to file or provide such reportsinformation, documents and reports as required hereunder, the Company will be deemed to have cured such Default for purposes of Section 6.01(4) hereof upon the filing or provision of all such information, documents and reports required hereunder prior to the expiration of 120 days after written notice to the Company of such failure from the Trustee or the Holders of at least 25% of the principal amount of the applicable series of Notes. (c) For so long as any Restricted Notes are outstanding, the Company agrees that, in order to render such Restricted Notes eligible for resale pursuant to Rule 144A under the Securities Act, it will make available, upon request, to any Holder of Restricted Notes or prospective purchasers of Restricted Notes the information with specified in Rule 144A(d)(4), unless the Company furnishes such information to the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within Act. Notwithstanding the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reportsforegoing, the information, documents and information reports required by this Section 4.03 may, at the option of the types otherwise Company, instead be those of any direct or indirect parent entity of the Company so requiredlong as such parent entity fully and unconditionally guarantees, by execution of a supplemental indenture, the obligations of the Company in each case within respect of the applicable time periods, Notes and such parent entity and the Company is not required to file such reports, documents and information separately under comply with the applicable rules and regulations requirements of Rule 3-10 of Regulation S-X promulgated by the Commission (after giving effect to or any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 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 Officer’s Certificatessuccessor provision).

Reports to Holders. (a) Notwithstanding that Whether or not required by the Company may not be subject to the reporting requirements of Section 13 or 15(d) rules and regulations of the Securities and Exchange ActCommission (the “SEC”), to the extent permitted by the Exchange Actso long as any Notes are outstanding, the Company will file with the Commission, and provide furnish to the Trustee and and, upon request, to the Holders of unless otherwise filed with the Notes, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s SEC via ▇▇▇▇▇ service shall ▇: (1) all quarterly and annual financial information that would be deemed required to satisfy be contained in a filing with the delivery obligations hereunder. In the event that SEC on Forms 10-Q and 10-K if the Company is not permitted were required to file such 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 the Company and its consolidated Subsidiaries (showing in reasonable 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 Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company, if any) and, with respect to the annual information only, a report thereon by the Company’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 Company were required to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and periods specified in the Company is not required to file such reports, documents and information separately under the applicable SEC’s rules and regulations of the Commission (after giving effect to regulations, provided that any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) breach of this Section 405 for purposes covenant shall be cured upon the furnishing of Section 601(3) until 90 days after the date any report hereunder is due. (c) such late report. Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 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 Officer’s Officers’ Certificates). Notwithstanding the foregoing, the Company may satisfy such requirements prior to the effectiveness of the registration statement contemplated by the Registration Rights Agreement by filing with the SEC such registration statement within the time period required for such filing as specified in the Registration Rights Agreement, to the extent that any such registration statement contains substantially the same information as would be required to be filed by the Company if it were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, and by providing the Trustee and Holders with such Registration Statement (and any amendments thereto) promptly following the filing thereof. In addition, following the consummation of the Exchange Offer, whether or not required by the rules and regulations of the SEC, the Company will file a copy of all such information and reports with the SEC for public availability within the time periods specified in the SEC’s rules and regulations (unless the SEC will not accept such a filing). In addition, the Company has agreed that, prior to the consummation of the Exchange Offer, for so long as any Notes remain outstanding, it will furnish to the Holders upon their request, the information required to be delivered pursuant to Rule 144(A)(d)(4) under the Securities Act.

Reports to Holders. (a) Notwithstanding that the Company may Whether or not be Moore is then subject to the reporting requirements of Section 13 13(a) or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company M▇▇▇▇ will electronically file with the Commission, and provide to so long as the Trustee and the Holders of the NotesNot▇▇ ▇▇e outstanding, the annual reports, quarterly reports and the information, documents and other periodic reports (or copies of such portions of any of the foregoing as that Moore would be required to file with the Commission may by rules and regulations prescribepursuant to Sectio▇ ▇▇(a) that are specified in Sections 13 and or 15(d) of if Moore were so subject, and such documents will be filed with the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s Commi▇▇▇▇▇ service shall on or prior to the respective dates (the "Required Filing Dates") by which Moore would be deemed to satisfy the delivery obligations hereunder. In the event that the Company is not permitted required so to file such documents if Moore were so sub▇▇▇▇, unless, in any case, such filings are not then ▇▇▇▇▇tted by the Commission. If such filings with the Commission are not then permitted by the Commission, or such filings are not generally available on the Internet free of charge, the Company 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, documents quarterly reports and information other periodic reports that Moore would be required to file with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 Sectio▇ ▇▇(a) or 15(d) of the Exchange Act within if it 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 Moore's cost. So long as any of the time periods Notes remain restrict▇▇ ▇▇▇▇r Rule 144, Moore will make available upon request to any prospective purchaser of ▇▇▇▇s or beneficial owner of Notes in connection with any sale thereof the information required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately Rule 144A(d)(4) under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Securities Act. Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 is for informational purposes only and the Trustee’s 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s 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 delivering of the same to the Trustee.

Reports to Holders. Whether or not required by the rules and regulations of the SEC, so long as any Notes are outstanding, the Company shall furnish to the Holders of Notes: (a) Notwithstanding 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 Issuers were required to file such 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 the Company may not and its consolidated Subsidiaries (showing in reasonable detail, either on the face of the financial statements or in the footnotes thereto, the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company) and, with respect to the annual information only, a report thereon by the Company’s certified independent accountants; and (b) all current reports that would be required to be filed with the SEC on Form 8-K if the Issuers were required to file such reports, in each case, within the time periods specified in the SEC’s rules and regulations, in each case, on or prior to the respective dates by which the Issuers would have been required to file such documents with the SEC if the Company were subject to the reporting requirements of Section 13 13(a) or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file with the Commission, and provide to the Trustee and the Holders of the Notes, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods requiredsuccessor provisions thereto; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service Issuers shall not be deemed to satisfy the delivery obligations hereunder. In the event that the Company is not permitted so obligated to file such reports, documents and information reports with the Commission pursuant SEC if the SEC does not permit such filing, in which event the Issuers shall make available such information to the Exchange Actprospective purchasers of Notes, the Company will nevertheless provide in addition to providing such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so requiredNotes, in each case within 15 days after the applicable time periods, and the Company is not Issuers would be required to file such reportsinformation with the SEC if it did permit such filing. The Issuers shall also post such information on the Company’s website. Notwithstanding the foregoing: (1) the Issuers shall be deemed to have furnished all reports required to be provided pursuant to this covenant to the Trustee and the Holders of Notes if the Issuers have filed such reports with the SEC via the ▇▇▇▇▇ filing system and such reports are publicly available; (2) the contents of any reports required to be provided pursuant to this Section 4.03 prior to the effectiveness of the Exchange Offer Registration Statement or Shelf Registration Statement, documents whichever occurs first, shall be limited in scope to the type of disclosure set forth in the Offering Circular (which, for the avoidance of doubt, excludes all historical financial statements and pro forma financial information separately related to the acquisition opportunity disclosed in the Offering Circular); (3) the Issuers shall not be required to furnish any information, certifications or reports required by Items 307 or 308 of Regulation S-K prior to the effectiveness of the Exchange Offer Registration Statement or Shelf Registration Statement; (4) the reporting requirements shall be deemed satisfied prior to the commencement of the Registered Exchange Offer or the effectiveness of the Shelf Registration Statement by the filing with the SEC of the Exchange Offer Registration Statement or Shelf Registration Statement in accordance with the provisions of the Registration Rights Agreement, and any amendments thereto, with such financial information that satisfies Regulation S-X of the Securities Act and such Registration Statement or amendments thereto are filed at times that otherwise satisfy the time requirements set forth in the Registration Rights Agreement; and (5) in the event that Parent or any other direct or indirect parent company of the Company is or becomes a Guarantor of the Notes, the Company may satisfy its obligations under this Section 4.03 with respect to financial information relating to the applicable Company by furnishing financial information relating to Parent or such other direct or indirect parent company, as applicable; provided that such financial information is accompanied by consolidating information that explains in reasonable detail the differences between the information relating to Parent or such other direct or indirect parent company, as applicable, and any of its Subsidiaries other than the Company and its Subsidiaries, on the one hand, and the information relating to the Company, the Guarantors and the other Subsidiaries of the Company on a standalone basis, on the other hand. In addition, following the consummation of the Registered Exchange Offer, whether or not required by the rules and regulations of the Commission SEC, the Issuers shall file a copy of all such information and reports with the SEC for public availability within the time periods specified in the SEC’s rules and regulations (after giving effect unless the SEC will not accept such a filing) and make such information available to securities analysts and prospective investors upon request. The Issuers shall at all times comply with TIA § 314(a). In addition, for so long as any exemptive relief) because of Notes remain outstanding, the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture Issuers shall furnish to the contraryHolders and to securities analysts and prospective investors, upon their request, the Company will not information required to be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Delivery of such reports, information and documents to the Trustee delivered pursuant to this Section 405 is for informational purposes only and Rule 144A(d)(4) under 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 Officer’s Certificates)Securities Act.

Reports to Holders. (a) Notwithstanding that So long as any Notes are outstanding, whether or not the Company may not be is then subject to the reporting requirements of Section 13 13(a) or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file with the Commission, and provide to the Trustee and the Holders of the Notes, Commission the annual reports, quarterly reports and the information, documents and other periodic reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that the Company is not permitted would be required to file such reports, documents and information with the Commission pursuant to Section 13(a) or Section 15(d) or the Exchange Actrules and regulations of the Commission if the Company were so subject, and such documents will be filed with the Commission on or prior to the re- spective dates (the "Required Filing Dates") by which the Company would be required to file such documents if the Company were so subject, unless, in any case, such filings are not then permitted by the Commission. If such filings with the Commission are not then permitted by the Commission, or such filings are not generally available on the Internet free of charge, the Company will nevertheless provide such Exchange Act information will, without charge to the Trustee Holders, furnish the Holders and the Holders Trustee with copies of the Notes as annual reports, quarterly reports and other periodic reports that the Company would be required to file with the Commission pursuant to Section 13(a) or Section 15(d) or the rules and regulations of the Commission if the Company were subject to the reporting requirements of Section 13 13(a) or Section 15(d) of no later than the Exchange Act within the time periods required by lawapplicable Required Filing Date. The Company will be deemed may fulfill its obligation to have satisfied furnish such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within reports to Holders by the applicable time periodsRequired Filing Date by mailing such reports via first class mail to the Holders, and with a copy to the Company is not required to file such reportsTrustee, documents and information separately under no later than the close of business on the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Required Filing Date. Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 is for informational purposes only and the Trustee’s 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Officers' Certificates).

Reports to Holders. (a) Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file with the Commission, and provide to the Trustee and the Holders holders of the Notes, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the Company’s delivery obligations hereunderunder this provision. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. . (b) The Company will be deemed to have satisfied such reporting requirements furnished the reports referred to in Section 405(a) if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file has filed reports containing such reports, documents and information separately under with the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Commission. Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 is for informational purposes only and the Trustee’s receipt of such shall not constitute actual or constructive knowledge or 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 an Officer’s CertificatesCertificate). The Trustee shall have no liability or responsibility for the filing, timeliness, or content of such reports. The Trustee has no duty and is not obligated to monitor or confirm, on a continuing basis or otherwise, any reports or other documents filed with the SEC or posted to any website or to participate in any conference calls. (c) If the Company has designated any of its Subsidiaries as an Unrestricted Subsidiary, then the quarterly and annual financial information required by Section 405(b) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes to the financial statements, and in “Management’s Discussion and Analysis of Financial Condition and Results of Operations,” of the financial condition and results of operations of the Company and the Restricted Subsidiaries. (d) To the extent that any reports or other information is not furnished within the time periods specified above and such reports or other information is subsequently furnished prior to the time such failure results in an Event of Default, the Company will be deemed to have satisfied their obligations with respect thereto and any Default with respect thereto shall be deemed to have been cured. Notwithstanding anything herein to the contrary, the Company will not be deemed to have failed to comply with any of its obligations hereunder for purposes of Section 601(iii) until 90 days after the date any report hereunder is due.

Reports to Holders. (a) Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file with the Commission, and provide to the Trustee and the Holders of the Notes, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the Company’s delivery obligations hereunder. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Second Supplemental Indenture to the contraryIndenture, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 4.08 for purposes of Section 601(36.01(3) until 90 days after the date any report hereunder is due. (c) . Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 4.08 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 Officer’s Officers’ Certificates).

Reports to Holders. (a) Notwithstanding that Whether or not the Company may not be is subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will shall file with the Commission, subject to the next sentence, and provide to the Trustee and the Holders of the Notes, the with such annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within and applicable to a U.S. corporation subject to such Sections, such reports to be so filed and provided at the time periods required; providedtimes specified for the filings of such reports. If, howeverat any time, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the periodic reporting requirements of Section 13 or 15(d) 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 by lawunless 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 reporting requirements if Holdings files time and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not Default with respect thereto shall be deemed to have failed 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 then total outstanding Securities have declared the principal, premium, if any, and interest on the Securities to comply with be due and payable and such declaration shall not have been rescinded or canceled prior to such cure. At any time that any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 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 Subsidiaries are Unrestricted Subsidiaries, 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, and in “Management’s Discussion and Analysis of Financial Condition and Results of Operations,” of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. In addition, for so long as any Securities remain outstanding, the Company shall furnish to the Holders 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. The Company also shall comply with any the other provisions of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s CertificatesTIA § 314(a).

Reports to Holders. (a) Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file with the Commission, and provide to the Trustee and the Holders of the NotesSecurities, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇E▇▇▇▇ service shall be deemed to satisfy the Company’s delivery obligations hereunder. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes Securities as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) If the Company has designated any of its Subsidiaries as an Unrestricted Subsidiary, then the quarterly and annual financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes to the financial statements, and in “Management’s Discussion and Analysis of Financial Condition and Results of Operations,” of the financial condition and results of operations of the Company and the Restricted Subsidiaries. (c) In addition, the Company has agreed that, for so long as any Securities remain outstanding, it will furnish to the Holders 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. (d) Notwithstanding anything in this Supplemental Indenture to the contraryIndenture, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 4.10 for purposes of Section 601(36.01(3) until 90 days after the date any report hereunder is due. (c) . Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 4.10 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 Officer’s Officers’ Certificates).

Reports to Holders. (a) Notwithstanding that Whether or not required by the Company may not be subject to the reporting requirements of Section 13 or 15(d) rules and regulations of the Exchange ActCommission, to the extent permitted by the Exchange Actso long as any Notes are outstanding, the Company will file with the Commission, and provide furnish to the Trustee and and, upon request, to the Holders of Notes: (1) all quarterly and annual financial information that would be required to be contained in a filing with the NotesCommission on Forms 10-Q and 10-K if the Company were required to file such 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 the Company and its consolidated Subsidiaries (showing in reasonable 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 annual reports financial condition and the information, documents and other reports (or copies results of such portions of any operations of the foregoing as Company and its Restricted - 38 - Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company, if any) and, with respect to the annual information only, a report thereon by the Company's certified independent accountants; and (2) all current reports that would be required to be filed with the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that Form 8-K if the Company is not permitted were required to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periodsperiods specified in the Commission's rules and regulations. In addition, and following the Company is consummation of the Exchange Offer contemplated by the Registration Rights Agreement, whether or not required to file such reports, documents and information separately under by the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contraryCommission, the Company will not be deemed to have failed to comply with any file a copy of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Delivery of all such reports, information and documents 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). In addition, prior to the consummation of the Exchange Offer, for so long as any Notes remain outstanding, the Company will furnish to the Holders upon their request, the information required to be delivered pursuant to Rule 144(A)(d)(4) under the Securities Act. The receipt by the Trustee of any such reports and documents pursuant to this Section 405 is for informational purposes only and the Trustee’s receipt of such 4.08 shall not constitute notice or constructive notice of any information contained therein in such documents or determinable from information contained thereinin such documents, including the Company’s Issuer's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificatesan Officers' Certificate).

Reports to Holders. (a) Notwithstanding that Whether or not required by the Company may not be subject to the reporting requirements of Section 13 or 15(d) rules and regulations of the Exchange ActCommission, to the extent permitted by the Exchange Actso long as any Notes are Outstanding, the Company will shall file with the Commission, and provide Commission for public availability (or furnish to the Trustee Holders and securities analysts and prospective investors (upon request)): (1) all quarterly and annual financial information that would be required to be contained in a filing with the Holders Commission on Forms 10-Q and 10-K if the Company were required to file such 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 the Company and its consolidated Subsidiaries and, with respect to the annual information only, a report thereon by the Company’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 periods specified in the Commission’s rules and regulations. (b) In the event that any direct or indirect parent company of the Company becomes a guarantor of the Notes, the annual reports Company may satisfy its obligations under this covenant by furnishing financial information relating to such parent; provided that (i) such financial statements are accompanied by consolidating financial information for such parent, the Company, the Subsidiary Guarantors and the information, documents and other reports (or copies of such portions of any Subsidiaries of the foregoing as Company that are not Subsidiary Guarantors in the manner prescribed by the Commission may by rules and regulations prescribe(ii) that are specified such parent is not engaged in Sections 13 and 15(dany business in any material respect other than incidental to its ownership, directly or indirectly, of the Capital Stock of the Company. (c) The Company also shall comply with the other provisions of Section 314(a) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Trust Indenture Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d. (d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files furnished to the Holders and provides reports, documents to securities analysts and prospective investors the reports or information referred to in clauses (1) and (2) of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause paragraph (a) of this Section 405 for 4.03 or the information referred to paragraph (b) of this Section 4.03 if the Company has posted such reports or information on the Company Website with access to current and prospective investors. For purposes of Section 601(3) until 90 days after this Indenture, the date any report hereunder is dueterm “Company Website” means the collection of web pages that may be accessed on the World Wide Web using the URL address h▇▇▇://▇▇▇. (c) Delivery of ▇▇▇▇▇▇▇▇▇▇.▇▇▇ or such reports, information and documents other address as the Company may from time to time designate in writing to the Trustee pursuant to this Section 405 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 provided that the Trustee is entitled shall have no responsibility whatsoever to rely exclusively on Officer’s Certificates)determine whether such filing has occurred.

Reports to Holders. (a) Notwithstanding that Whether or not the Company may not be is subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file with the Commission, and must provide to the Trustee and the Holders and, upon request, to any Holder of the NotesSecurities within fifteen (15) Business Days after filing, or in the annual reports and event no such filing is required, within fifteen (15) Business Days after the information, documents and other reports (or copies end of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods requiredspecified in those sections with: (a) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Company were required to file such forms, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual financial statements only, a report thereon by the Company’s certified independent accountants, and (b) 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; provided, however, provided that availability of the foregoing delivery requirements shall be deemed satisfied if the foregoing materials are available on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy system or on the delivery obligations hereunderCompany’s website within the applicable time period. In addition, whether or not required by the event that Commission, the Company is not permitted will, if the Commission will accept the filing, file a copy of all of the information and reports referred to file such reports, documents in clauses (1) and information (2) with the Commission pursuant to for public availability within the Exchange Acttime periods specified in the Commission’s rules and regulations. In addition, the Company will nevertheless provide such Exchange Act make the information and reports available to the Trustee securities analysts and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by lawprospective investors upon request. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture herein to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 4.3 for purposes of Section 601(36.1(c) hereof until 90 days after the date any report hereunder under this Section 4.3 is due. (c) due to be delivered to the Trustee. Delivery of such reports, information the reports and documents described in subsection (1) above to the Trustee pursuant to this Section 405 is for informational purposes only 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 conclusively rely exclusively on Officer’s Certificatesan Officers’ Certificate).

Reports to Holders. (a) Notwithstanding that Whether or not required by the Company may not be subject to the reporting requirements of Section 13 or 15(d) rules and regulations of the Exchange ActCommission, to the extent permitted by the Exchange Actso long as any Notes are Outstanding, the Company will shall file with the Commission, and provide Commission for public availability (or furnish to the Trustee Holders and securities analysts and prospective investors (upon request)): (1) all quarterly and annual financial information that would be required to be contained in a filing with the Holders Commission on Forms 10-Q and 10-K if the Company were required to file such 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 the Company and its consolidated Subsidiaries and, with respect to the annual information only, a report thereon by the Company’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 periods specified in the Commission’s rules and regulations. (b) In the event that any direct or indirect parent company of the Company becomes a guarantor of the Notes, the annual reports Company may satisfy its obligations under this covenant by furnishing financial information relating to such parent; provided that (i) such financial statements are accompanied by consolidating financial information for such parent, the Company, the Subsidiary Guarantors and the information, documents and other reports (or copies of such portions of any Subsidiaries of the foregoing as Company that are not Subsidiary Guarantors in the manner prescribed by the Commission may by rules and regulations prescribe(ii) that are specified such parent is not engaged in Sections 13 and 15(dany business in any material respect other than incidental to its ownership, directly or indirectly, of the Capital Stock of the Company. (c) The Company also shall comply with the other provisions of Section 314(a) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Trust Indenture Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d. (d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files furnished to the Holders and provides reports, documents to securities analysts and prospective investors the reports or information referred to in clauses (1) and (2) of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause paragraph (a) of this Section 405 for 4.03 or the information referred to paragraph (b) of this Section 4.03 if the Company has posted such reports or information on the Company Website with access to current and prospective investors. For purposes of Section 601(3) until 90 days after this Indenture, the date any report hereunder is dueterm “Company Website” means the collection of web pages that may be accessed on the World Wide Web using the URL address ▇▇▇▇://▇▇▇. (c) Delivery of ▇▇▇▇▇▇▇▇▇▇.▇▇▇ or such reports, information and documents other address as the Company may from time to time designate in writing to the Trustee pursuant to this Section 405 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 provided that the Trustee is entitled shall have no responsibility whatsoever to rely exclusively on Officer’s Certificates)determine whether such filing has occurred.

Reports to Holders. (a1) Notwithstanding that The Company will file with the Company may not Commission all information, documents and reports to be subject filed with the Commission pursuant to the reporting requirements of Section 13 or 15(d) of the Exchange Act, whether or not the Company is subject to such filing requirements so long as the Commission will accept such filings. The Company (at its own expense) will deliver to the extent permitted by the Exchange Act, the Company will file Trustee within 15 days after it files them with the Commission, and provide to the Trustee and the Holders copies of the Notes, the quarterly and annual reports and the information, documents and other reports (or copies of such portions of any of reports, if any, which the foregoing as Company is required to file with the Commission may by rules and regulations prescribe) that are specified in Sections pursuant to Section 13 and or 15(d) of the Exchange Act within Act. The Company shall also comply with the time periods required; providedprovisions of TIA Section 314(a). (2) At the Company's expense, however, that availability regardless of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that whether the Company is not permitted required to file furnish such reports, documents and information with the Commission reports to its stockholders pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information shall cause its consolidated financial statements, comparable to those which would have been required to appear in annual or quarterly reports, to be delivered to the Trustee and the Holders Trustee. The Company will also make such reports available to prospective purchasers of the Notes Securities, securities analysts and broker-dealers upon their request. (3) For so long as if any of the Securities remain outstanding the Company were will make available to any prospective purchaser of the Securities or beneficial owner of the Securities in connection with any sale thereof the information required by Rule 144A(d)(4) under the Securities Act during any period when the Company is not subject to the reporting requirements of Section 13 or 15(d) of under the Exchange Act within the time periods required by lawAct. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 4.10 is for informational purposes only and the Trustee’s 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Officers' Certificates).

Reports to Holders. (a) Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file with the Commission, and provide to the Trustee and the Holders of the NotesSecurities, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ 's EDGAR service shall be deemed to satisfy the Company's delivery obligations obl▇▇▇▇▇ons hereunder. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes Securities as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, If the Company will not be deemed to have failed to comply with has designated any of its obligations under clause (a) Subsidiaries as an Unrestricted Subsidiary, then the quarterly and annual financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of this Section 405 for purposes the financial statements or in the footnotes to the financial statements, and in "Management's Discussion and Analysis of Section 601(3) until 90 days after Financial Condition and Results of Operations," of the date any report hereunder is duefinancial condition and results of operations of the Company and the Restricted Subsidiaries. (c) In addition, the Company has agreed that, for so long as any Securities remain outstanding, it will furnish to the Holders 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. Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 4.10 is for informational purposes only and the Trustee’s 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Officers' Certificates).

Reports to Holders. (a) Notwithstanding that the Company may not be required to be or remain subject to the reporting requirements of Section 13 13(a) or 15(d) of the Exchange Act, to the extent permitted by the Exchange Actso long as any Notes remain outstanding, the Company will file with or furnish to the Commission, and provide within the time periods applicable to the Trustee and Company under the Holders of Exchange Act (unless such filing is not permitted under the NotesExchange Act or by the Commission), the annual reports and the reports, information, documents and other reports that the Company is required to file with the Commission pursuant to such Section 13(a) or 15(d) or would be so required to file if the Company were so subject. The Company will also, within 15 days after the date on which the Company so files the same with the Commission (or would be required to so file if filing is not permitted by the Commission), deliver to the Holders by first-class mail to each Holder’s registered address and to the Trustee, copies of any such portions of any of the foregoing as the Commission may by rules information, documents and regulations prescribereports (without exhibits) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that so required to be filed. The availability of the foregoing materials on either the Commission’s ▇▇▇▇▇ service shall Electronic Data Gathering, Analysis and Retrieval System (or any successor system) or on the Company’s website will be deemed to satisfy the Company’s delivery obligations hereunderobligation. In the event that addition, at any time when the Company is or the Issuers are not permitted subject to file such reports, documents and information with the Commission pursuant to the Exchange Actor are not current in its reporting obligations, the Company or the Issuers, as the case may be, will nevertheless provide such Exchange make available, upon request, to any Holder, to securities analysts and to any prospective purchaser of Notes the information required pursuant to Rule 144A(d)(4) under the Securities Act information to the Trustee and the Holders of so long as the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is are not required to file such reports, documents and information separately freely transferable under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Securities Act. Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 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 conclusively rely exclusively on Officer’s Certificates).

Reports to Holders. (a) Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file with the Commission, and provide to the Trustee and the Holders of the NotesSecurities, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s 's ▇▇▇▇▇ service shall be deemed to satisfy the Company's delivery obligations hereunder. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes Securities as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, If the Company will not be deemed to have failed to comply with has designated any of its obligations under clause (a) Subsidiaries as an Unrestricted Subsidiary, then the quarterly and annual financial information required by the preceding paragraph will include a reasonably detailed presentation, either on the face of this Section 405 for purposes the financial statements or in the footnotes to the financial statements, and in "Management's Discussion and Analysis of Section 601(3) until 90 days after Financial Condition and Results of Operations," of the date any report hereunder is duefinancial condition and results of operations of the Company and the Restricted Subsidiaries. (c) In addition, the Company has agreed that, for so long as any Securities remain outstanding, it will furnish to the Holders 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. Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 4.10 is for informational purposes only and the Trustee’s 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Officers' Certificates).

Reports to Holders. (a) Notwithstanding that Whether or not the Company may not be is subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will shall file with the Commission, subject to the next sentence, and provide to the Trustee and the Holders of the Notes, the with such annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within and applicable to a U.S. corporation subject to such Sections, such reports to be so filed and provided at the time periods required; providedtimes specified for the filing of such reports. If, howeverat any time, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the periodic reporting requirements of Section 13 or 15(d) 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 by lawunless 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 reporting requirements if Holdings files time and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not Default with respect thereto shall be deemed to have failed 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 then total outstanding Securities have declared the principal, premium, if any, and interest on the Securities to comply be 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 Commission or the posting of such reports on its website. At any time that any of the Company’s Subsidiaries are Unrestricted Subsidiaries, 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, and in “Management’s Discussion and Analysis of Financial Condition and Results of Operations,” of the financial condition and results of operations of the Company and its obligations Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. In addition, for so long as any Securities remain outstanding, the Company shall furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Securities Act. Delivery of such reports, information and documents such as the above to the Trustee pursuant to this Section 405 is for informational purposes only 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 therein, including the Company’s compliance with any of its covenants hereunder under this Indenture (as to which the Trustee is entitled to rely exclusively on Officer’s Certificatesan Officers’ Certificate).

Reports to Holders. (a) Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Actso long as any Notes are outstanding, the Company will file with the Commission, and provide furnish to the Trustee and to the Holders Holders: (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, or any successor or comparable forms, if the Company were required to file such 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 the NotesCompany and its consolidated Subsidiaries and, with respect to the annual reports and the information, documents and other reports (or copies of such portions of any consolidated financial statements of the foregoing as Company, a report thereon by the Commission may by rules and regulations prescribeCompany’s certified independent accountants; and (2) all current reports that are specified in Sections 13 and 15(d) of would be required to be filed with the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials SEC on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that Form 8-K if the Company is not permitted were required to file such reports, documents and information with the Commission pursuant to the Exchange Actin each case, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied for filing such reporting requirements if Holdings files forms and provides reportsreports as specified in the SEC’s rules and regulations (and, documents and information of the types otherwise so required, during any period in each case within the applicable time periods, and which the Company is not required to file reports with the SEC, within the time periods specified in the SEC’s rules and regulations applicable to a “non-accelerated filer”). To the extent the Company is not required to file reports with the SEC, it will make the information publicly available (including via a non-password protected website). Whether the Company files such reportsreports with the SEC or posts its reports on its website, documents and information separately under the applicable public posting of such reports shall satisfy any requirement to deliver such reports to Holders. Notwithstanding the foregoing, the Company may satisfy such requirements, whether or not required by the rules and regulations of the Commission SEC, by filing all such information and reports with the SEC for public availability within the time periods specified in the SEC’s rules and regulations (after giving effect unless the SEC will not accept such a filing). During any period in which the Company is not required to any exemptive relief) because of file reports with the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrarySEC, the Company shall make such information publicly available within the time periods specified in the SEC’s rules and regulations applicable to a “non-accelerated filer.” In addition, the Company has agreed that, for so long as any Notes remain outstanding, it will not furnish to the Holders upon their request, the information required to be deemed delivered pursuant to have failed to comply with any of its obligations Rule 144(A)(d)(4) under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Securities Act. Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 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 Officer’s Officers’ Certificates). In the event that any direct or indirect parent company of the Company becomes a Guarantor of the Notes, the Company may satisfy its obligations under this Section 4.19 to provide financial information relating to the Company by furnishing financial information relating to such parent; provided that the same is accompanied by consolidating information that explains in reasonable detail the differences between the information for such parent, on the one hand, and the information relating to the Company and its Restricted Subsidiaries on a standalone basis, on the other hand. If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries and such Unrestricted Subsidiaries, either individually or collectively, would otherwise have been a Significant Subsidiary, then the annual and quarterly financial information required by this Section 4.19 shall include a reasonably detailed presentation, as determined in good faith by the senior management of the Company, either on the face of the financial statements or in the footnotes to the financial statements and in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section, of the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries.

Reports to Holders. (a) Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file with the Commission, and provide to the Trustee and the Holders of the Notes, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the Company’s delivery obligations hereunderunder this provision. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. . (b) The Company will be deemed to have satisfied such reporting requirements furnished the reports referred to in Section 405(a) if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required has filed reports containing such information with the Commission. The Trustee shall have no duty to file monitor whether any such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect filings have been made. The Trustee shall have no duty to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture review or analyze reports delivered to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) it. Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 is for informational purposes only and the Trustee’s receipt of such shall not constitute actual or constructive knowledge or notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder under this Indenture (as to which the Trustee is entitled to rely exclusively on an Officer’s CertificatesCertificate). (c) If the Company has designated any of its Subsidiaries as an Unrestricted Subsidiary, and if any such Unrestricted Subsidiary or group of Unrestricted Subsidiaries, if taken together as one Subsidiary, would constitute a Significant Subsidiary of the Company, then the quarterly and annual financial information required by Section 405(a) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes to the financial statements, or in “Management’s Discussion and Analysis of Financial Condition and Results of Operations,” of the financial condition and results of operations of the Company and the Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (d) To the extent that any reports or other information is not furnished within the time periods specified above and such reports or other information is subsequently furnished prior to the time such failure results in an Event of Default, the Company will be deemed to have satisfied their obligations with respect thereto and any Default with respect thereto shall be deemed to have been cured. Notwithstanding anything herein to the contrary, the Company will not be deemed to have failed to comply with any of its obligations hereunder for purposes of Section 601(iii) until 90 days after the date any report hereunder is due.

Reports to Holders. (a) Notwithstanding that The Issuer shall file with the Company may not be subject to Trustee, within 15 days after it has filed the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file same with the Commission, and provide to the Trustee and the Holders copies of the Notes, the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall which it may be deemed to satisfy the delivery obligations hereunder. In the event that the Company is not permitted required to file such reports, documents and information with the Commission pursuant to Section 13 or Section 15(d) of the U.S. Exchange Act; provided that the Issuer will be deemed to have filed copies of any such annual reports, documents or other reports with the Company will nevertheless provide such Exchange Act information Trustee to the Trustee and extent that such annual reports, documents or other reports are filed with the Holders of Commission via E▇▇▇▇ (or any successor electronic delivery procedure). (b) If the Notes as if the Company were Issuer is not subject to the reporting requirements of Section 13 or 15(d) of the U.S. Exchange Act, it will, upon request, furnish to any prospective purchaser of the Notes or beneficial owner of the Notes in connection with any sale thereof the information required by Rule 144A(d)(4) under the U.S. Securities Act so long as any Notes remain outstanding and constitute “restricted securities” within the meaning of Rule 144(a)(3) under the U.S. Securities Act. (c) To the extent that any reports or other information is not furnished within the time periods required by law. The Company specified Section 4.11(a) and such reports or other information is subsequently furnished, the Issuer will be deemed to have satisfied such reporting requirements if Holdings files it obligations with respect thereto and provides reports, documents and information any Default or Event of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not Default with respect thereto shall be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is duebeen cured. (cd) Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 is for informational purposes only only, and the Trustee’s its receipt of such reports, information and documents shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the CompanyIssuer’s, the Guarantor’s or any other Person’s compliance with any of its covenants hereunder under this Indenture or the Notes (as to which the Trustee is entitled to rely exclusively on the Officer’s CertificatesCertificates delivered pursuant to this Indenture). The Trustee shall have no liability or responsibility for the content, filing or timeliness of any report delivered or filed under or in connection with this Indenture or the transactions contemplated thereunder. For the avoidance of doubt, the Trustee shall not have any duty to monitor, determine or inquire as to compliance or performance by the Issuer of its obligations under this Section 4.11 and the Trustee shall not be responsible or liable for the Issuer’s nonperformance or non-compliance with such obligations.

Reports to Holders. (a) Notwithstanding that Whether or not required by the Company may not be subject rules and regulations of the Commission, so long as any Notes are outstanding hereunder, the Issuer shall furnish to the reporting requirements of Section 13 or 15(dTrustee and Holders thereof the following: (1) all quarterly and annual financial information of the Exchange ActIssuer that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Issuer were required to file such 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 the Issuer and its consolidated Subsidiaries and, with respect to the extent permitted annual information only, a report thereon by the Exchange Act, Issuer’s certified independent accountants; and (2) all current reports that would be required to be filed with the Company will Commission on Form 8-K if the Issuer were required to file such reports (during any period in which the Issuer is not required to file reports with the Commission, such current reports need only be prepared or delivered if the Issuer determines in good faith that the information to be reported is material to the Holders of the Notes or the business, operations, assets, liabilities or financial position of the Issuer and provide its Subsidiaries, taken as a whole), in each case, within the time periods specified in the Commission’s rules and regulations (and, during any period in which the Issuer is not required to file reports with the Commission, within the time periods specified in the Commission’s rules and regulations applicable to a “non-accelerated filer”). (b) In addition, whether or not required by the rules and regulations of the Commission, the Issuer will make all such information publicly available (including via a non-password protected website) 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 Holders of the Notes upon request. In addition, the Issuer and the Guarantors shall, for so long as any Notes remain outstanding, furnish to the Holders of such Notes 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. (c) Whether the Issuer files such reports with the Commission or posts its reports on its website, the public posting of such reports shall satisfy any requirement hereunder to deliver such reports to the Trustee and the Holders of the Notes, . The Issuer will at all times comply with the annual reports and the information, documents and other reports (or copies provisions of such portions TIA §314(a). The terms of this Indenture shall not impose any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials duty on the Commission’s Issuer under the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ service shall Act of 2002 and the related Commission rules that would not otherwise be deemed applicable to satisfy the delivery obligations hereunder. In the event that the Company is not permitted to file it. (d) Delivery of such reports, documents reports and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will shall be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 is for informational purposes only only, and the Trustee’s receipt of such them shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the CompanyIssuer’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s CertificatesOfficers’ Certificates delivered pursuant to this Indenture, including Officers’ Certificates delivered pursuant to Section 4.06(a)).

Reports to Holders. (a) Notwithstanding that Whether or not the Company may not be is subject to the reporting requirements of Section 13 13(a) or 15(d) of the Exchange Act, to the extent permitted by the Exchange Actor any successor provisions thereto, the Company will file with the CommissionSEC (if permitted by SEC practice and applicable law and regulations) the annual reports, quarterly reports and provide other documents which the Company would be required to file with the SEC pursuant to such Section 13(a) or 15(d) (each, an "Exchange Act Report"), or any successor provision thereto, if the Company were so subject, such documents to be filed with the SEC on or prior to the Trustee and respective dates (the Holders "Required Filing Dates") by which the Company would be required to file such documents if the Company were so subject. If, at any time prior to the consummation of the Notes, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Registered Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that 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 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 register of the Securities, without cost to such Holders, and (ii) file with the Trustee, copies of the annual reports, quarterly reports and other documents which the Company is required to file such reports, documents and information with the Commission SEC pursuant to the preceding sentence, or, if such filing is not so permitted (or, prior to the consummation of the Registered Exchange ActOffer, when the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were is not subject to the reporting requirements of Section 13 13(a) or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files Act), information and provides reports, documents and information data of the types otherwise so required, in each case within the applicable time periodsa similar nature, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture if, notwithstanding the preceding sentence, filing such documents by the Company with the SEC is not permitted by SEC practice or applicable law or regulations, promptly upon written request supply copies of such documents to the contraryany Holder. In addition, for so long as any Securities remain outstanding, the Company will furnish to the Holders 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, and, to any beneficial holder of Securities, if not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after obtainable from the date any report hereunder is due. (c) Delivery of such reportsSEC, information and documents of the type that would be filed with the SEC pursuant to the Trustee pursuant to this Section 405 is for informational purposes only and foregoing provisions, upon the Trustee’s receipt of such shall not constitute constructive notice request 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 Officer’s Certificates)such Holder.

Reports to Holders. (a) Notwithstanding that Whether or not required by the Company may not be subject to the reporting requirements of Section 13 or 15(d) rules and regulations of the Exchange ActCommission, to the extent permitted by the Exchange Actso long as any Notes are outstanding, the Company will file with the Commission, and provide to the Trustee and shall furnish the Holders of the Notes, the : (1) all quarterly and annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as financial information that would be required to be contained in a filing with the Commission may by rules on reports on Forms 10-Q and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that 10-K if the Company is not permitted were required to file such reports, documents including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” that describes the financial condition and results of operations of the Company and its consolidated Subsidiaries (showing in reasonable 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 Company and its Subsidiaries separate from the financial condition and results of operations of the Subsidiaries of the Company, if any) and, with respect to the annual information only, a report thereon by the Company’s certified independent accountants; and (2) all current reports that would be required to be filed with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as on Form 8-K if the Company were subject required to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied file such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periodsperiods specified in the Commission’s rules and regulations. In addition, and the Company is whether or not required to file such reports, documents and information separately under by the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contraryCommission, 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 be deemed accept such a filing) and make such information available to have failed to comply with securities analysts and prospective investors upon request. In addition, the Company has agreed that, for so long as any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Delivery of such reportsNotes remain outstanding, information and documents it will furnish to the Trustee Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to this Section 405 is for informational purposes only and Rule 144A(d)(4) under 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 Officer’s Certificates)Securities Act.

Reports to Holders. (a) Notwithstanding that the Company may Whether or not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted required by the Exchange ActSEC, so long as any Notes are outstanding, the Company Issuer will file with the Commission, and provide furnish to the Trustee and the Holders of the Notes, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) Notes that are specified in Sections 13 and 15(d) outstanding, with a copy to the Trustee, within 5 days of the Exchange Act within the time periods required; providedspecified in the SEC’s rules and regulations: (1) all quarterly and annual financial and other information that would be required to be contained in a filing with the SEC on Forms 10-Q and 10-K if the Issuer were required to file such Forms, howeverincluding a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, that availability of with respect to the foregoing materials annual information only, a report on the Commissionannual financial statements by the Issuer’s ▇▇▇▇▇ service shall certified independent accountants; and (2) all current reports that would be deemed required to satisfy be filed with the delivery obligations hereunder. In SEC on Form 8-K if the event that the Company is not permitted Issuer were required to file such reports, documents and information with . Notwithstanding the Commission pursuant to the Exchange Actforegoing, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company Issuer will be deemed to have satisfied such reporting requirements if Holdings files and provides reportsfurnished any information or reports specified in the immediately preceding paragraph, documents and information upon the Issuer’s filing with the SEC of the types otherwise so required, in each case its required reports within the applicable time periods, and periods specified in the Company is not required to file such reports, documents and information separately under the applicable SEC’s rules and regulations and such information and or reports are publicly available. In addition, whether or not required by the SEC, the Issuer will file a copy of all of the Commission information and reports referred to in clauses (after giving effect 1) and (2) above with the SEC for public availability within the time periods specified in the SEC’s rules and regulations (unless the SEC will not accept such a filing) and make such information available to any exemptive relief) because of the filings by Holdingsprospective investors upon request. The Issuer will at all times comply with Trust Indenture Act Section 314(a). (b) Notwithstanding anything in this Supplemental Indenture The Trustee shall not be under a duty to review or evaluate any report or information delivered to the contrary, Trustee pursuant to the Company will not be deemed to have failed to comply with any of its obligations under clause (a) provisions of this Section 405 4.09 for the purposes of Section 601(3) until 90 days after making such reports available to it and to the date any report hereunder is due. (c) Holders of Notes who may request such information. Delivery of such reports, information and documents to the Trustee pursuant to as may be required under this Section 405 4.09 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 CompanyIssuer’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Officers’ Certificates). The Trustee shall not be obligated to monitor or confirm, on a continuing basis or otherwise, the Issuer’s compliance with the covenants or with respect to any reports or other documents filed with the SEC or E▇▇▇▇ or any website, or participate in any conference calls.

Reports to Holders. (a) Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file with the Commission, and provide to the Trustee and the Holders of the NotesHolders, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇E▇▇▇▇ service shall be deemed to satisfy the Company’s delivery obligations hereunder; provided, further, that such reports will not be required to contain the financial information required by Rule 3-09, Rule 3-10 or Rule 3-16 of Regulation S-X (or any successor provision, including Rule 13-01 and Rule 13-02) or include any exhibits or certifications required by Form 10-K, Form 10-Q or Form 8-K (or any successor or comparable forms) or related rules under Regulation S-K as a result of the offering of the Notes; provided, further, that the Trustee shall have no liability or responsibility whatsoever to determine if such materials have been so made available. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 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 Officeran officer’s Certificatescertificate). (b) Notwithstanding anything in this Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under Section 4.09(a) for purposes of Section 6.01(a)(3) until 90 days after the date any report hereunder is due. (c) At any time when the Company is not subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company will furnish to the Holders and to prospective investors, upon requests of such Holders or investors, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (d) The Issuer will also make available copies of all reports required by Section 4.09(a), if and so long as the Notes are listed on the Official List of the Luxembourg Stock Exchange and admitted for trading on the Euro MTF Market and the rules of the Luxembourg Stock Exchange so require, to the extent and in the manner permitted by such rules, by posting such reports on the official website of the Luxembourg Stock Exchange (w▇▇.▇▇▇▇▇▇.▇▇).

Reports to Holders. The Company and the Notes Guarantor shall furnish (a) Notwithstanding that the Company may not be subject or in lieu of furnishing, make accessible electronically with notice to the reporting requirements of Section 13 or 15(dTrustee) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file with the Commission, and provide to the Trustee and, upon request, the Holders: (i) promptly upon such financial statements becoming available, but in any event within 120 calendar days after the end of each fiscal year of the Company and Notes Guarantor copies of its audited financial statements (on a consolidated basis) in respect of such fiscal year (including a profit and loss account, balance sheet and cash flow statement), in English, prepared in accordance with IFRS and a report thereon by the Company’s and Notes Guarantor’s respective certified independent public accountants; and (ii) within 60 calendar days after the end of each of the first three fiscal quarters of the Company and the Holders Notes Guarantor, copies of its unaudited financial statements (on a consolidated basis) in respect of the Notesrelevant period (including a profit and loss account, balance sheet and cash flow statement), in English, prepared on a basis consistent with the annual audited financial statements of the Company and the Notes Guarantor, and in accordance with IFRS and a review report thereon by the Company’s and the Notes Guarantor’s respective certified independent public accountants. The Company and the Notes Guarantor shall furnish or cause to be furnished to the Trustee all notices of shareholders’ meetings and other public reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) public communications that are specified filed with any stock exchange, in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service language required by such stock exchange. The Trustee shall be deemed have no duty with respect to satisfy the delivery obligations hereunder. In the event that the Company is not permitted to file such reports, documents information and information with the Commission pursuant documents, other than to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee place them in its file and the make them available for inspection by Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by lawupon request. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 is shall be for informational purposes only and the Trustee’s receipt of such shall not constitute constructive or actual notice of any information contained therein or determinable from information contained therein, including the Company’s and the Notes Guarantor’s compliance with any of its the covenants hereunder contained in this Indenture (as to which the Trustee is will be entitled to conclusively rely exclusively on Officer’s Certificatesupon an Officers’ Certificate).

Reports to Holders. (a) So long as the Notes are outstanding, the Issuer will deliver to the Trustee within 15 days after the filing of the same with the SEC, copies of the quarterly and annual reports and of the information, documents and other reports, if any, which the Issuer is required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act. (b) Notwithstanding that the Company Issuer may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, so long as the Notes are outstanding, the Issuer will file with the SEC, in accordance with rules and regulations prescribed from time to time by the extent permitted by SEC, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Exchange Act, the Company will file with the Commission, in respect of a security listed and provide to the Trustee and the Holders of the Notes, the annual reports and the information, documents and other reports (or copies of registered on a national securities exchange as may be prescribed in such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is dueregulations. (c) Notwithstanding the foregoing, such requirements shall be deemed satisfied for any particular period or report by posting reports on the Issuer’s website, by filing such reports with the SEC or by posting such information on IntraLinks or any comparable online system or website that may require a confidentiality acknowledgment. (d) In addition, to the extent not satisfied by the foregoing, for so long as any Notes are outstanding, the Issuer will furnish to Holders and to prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. (e) Delivery of such reports, reports and information and documents to the Trustee pursuant to this Section 405 is shall be for informational purposes only and the Trustee’s receipt of such them shall not constitute constructive notice of any information contained therein or determinable from information contained therein, therein (including the CompanyIssuer’s compliance with any of its covenants hereunder (under this Indenture as to which the Trustee is entitled to rely exclusively on an Officer’s CertificatesCertificate).

Reports to Holders. (a) Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file with the Commission, and provide to the Trustee and the Holders of the NotesHolders, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the Company’s delivery obligations hereunder; provided, further, that such reports will not be required to contain the financial information required by Rule 3-09, Rule 3-10 or Rule 3-16 of Regulation S-X (or any successor provision, including Rule 13-01 and Rule 13-02) or include any exhibits or certifications required by Form 10-K, Form 10-Q or Form 8-K (or any successor or comparable forms) or related rules under Regulation S-K as a result of the offering of the Notes; provided, further, that the Trustee shall have no liability or responsibility whatsoever to determine if such materials have been so made available. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 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 Officeran officer’s Certificatescertificate). (b) Notwithstanding anything in this Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under Section 4.09(a) for purposes of Section 6.01(a)(3) until 90 days after the date any report hereunder is due. (c) At any time when the Company is not subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company will furnish to the Holders and to prospective investors, upon requests of such Holders or investors, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. (d) The Issuer will also make available copies of all reports required by Section 4.09(a), if and so long as the Notes are listed on the Official List of the Luxembourg Stock Exchange and admitted for trading on the Euro MTF Market and the rules of the Luxembourg Stock Exchange so require, to the extent and in the manner permitted by such rules, by posting such reports on the official website of the Luxembourg Stock Exchange (▇▇▇.▇▇▇▇▇▇.▇▇).

Reports to Holders. (a) Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file with the Commission, and provide to the Trustee and the Holders of the Notes, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the Company’s delivery obligations hereunder; provided, further, that the Trustee shall have no liability or responsibility whatsoever to determine if such materials have been so made available. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental the Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (aSection 4.09(a) of this Section 405 for purposes of Section 601(36.01(a)(3) until 90 days after the date any report hereunder is due. (c) . Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 4.09 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 an Officer’s CertificatesCertificate).

Reports to Holders. (a) Notwithstanding that Whether or not required by the rules and regulations of the Commission, so long as any Securities are outstanding, the Company may shall furnish the Holders of Securities: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Company were required to file such Forms; 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 periods specified in the Commission’s rules and regulations. In addition, 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, for a period of one year after the Issue Date, the Company shall furnish to the Holders 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 if at the time of such request the Company is not subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file with the Commission, and provide to the Trustee and the Holders of the Notes, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings Holding files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to Holding. The Company shall file with the contraryTrustee within 15 days after it files the same with the Commission copies of the annual reports and the information, documents and other reports which the Company is required to file with the Commission pursuant to this Section 4.07. The Company will not be deemed to have failed to also comply with any the other provisions of its obligations under clause (a) of this the TIA Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) 3.14(a). Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 is for informational information purposes only and the Trustee’s receipt of such shall not constitute notice or 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 Officer’s Officers’ Certificates).

Reports to Holders. (a) Notwithstanding that Holding or the Company may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, Holding or the Company will file with the Commission, and provide to the Trustee and the Holders of the Notes, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that neither Holding or the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) . Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 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 Officer’s Certificates).

Reports to Holders. (a) Notwithstanding that Whether or not the Company may not be is subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company must provide the Trustee and, upon request, to any Holder of the extent permitted Notes within fifteen (15) business days after filing, or in the event no such filing is required, within fifteen (15) business days after the end of the time periods specified in the SEC’s rules and regulations: (1) all financial statements that would be required to be contained in an annual report on Form 10-K, or any successor or comparable form, filed with the SEC, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations,” and a report on the annual financial statements by the Exchange ActCompany’s independent registered public accounting firm; (2) all financial statements that would be required to be contained in a quarterly report on Form 10-Q, the Company will file or any successor or comparable form, filed with the CommissionSEC, including a “Management’s Discussion and provide Analysis of Financial Condition and Results of Operations,” and financial statements prepared in accordance with GAAP; (3) all current reports containing financial statements that would be required to be filed with the Trustee and the Holders of the NotesSEC on Form 8-K, the annual reports and the or any successor or comparable form; and (4) any other information, documents and other reports (or copies necessary to comprise “current public information” for purposes of such portions of any of Rule 144 under the Securities Act; provided that the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of delivery requirements shall be deemed satisfied if the foregoing materials are available on the Commission’s ▇E▇▇▇▇ service shall be deemed to satisfy or on the delivery obligations hereunder. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case Company’s website within the applicable time periodsperiod, and it being agreed that the Company is not required Trustee shall have no obligation to file determine whether such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdingsreports have been made available. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the The Company will not be deemed make the above information and reports available to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after securities analysts and prospective investors upon request by posting it on the date any report hereunder is dueCompany’s website. (c) Delivery of such reports, information and documents The Trustee shall have no duty to the Trustee pursuant review or analyze any reports furnished or made available to this Section 405 is for informational purposes only it and the Trustee’s receipt of such reports shall not constitute actual or constructive notice knowledge of any the information contained therein or determinable from information contained thereintherefrom, including the Company’s or Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to conclusively rely exclusively on an Officer’s CertificatesCertificate).

Reports to Holders. Whether or not required by the rules and regulations of the Commission, so long as any Notes are outstanding, the Company will furnish to the Trustee and, upon request, to the Holders: (a1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Company were required to file such 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 the Company and its consolidated Subsidiaries (showing in reasonable 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 Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company, if any) and, with respect to the annual information only, a report thereon by the Company’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 periods specified in the Commission’s rules and regulations, provided that any breach of this Section 4.08 shall be cured upon the furnishing of such late report within 20 days of the date on which such report was required to be furnished. Notwithstanding that the foregoing, the Company may not satisfy such requirements prior to the effectiveness of the registration statement contemplated by the Registration Rights Agreement by filing with the Commission such registration statement within the time period required for such filing as specified in the Registration Rights Agreement, to the extent that any such registration statement contains substantially the same information as would be required to be filed by the Company if it were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to and by providing the extent permitted Trustee and Holders with such Registration Statement (and any amendments thereto) promptly following the filing thereof. In addition, following the consummation of the Exchange Offer, whether or not required by the Exchange Actrules and regulations of the Commission, the Company will file a copy of all such information and reports with the Commission, and provide to the Trustee and the Holders of the Notes, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act for public availability within the time periods required; provided, however, that availability of the foregoing materials on specified in the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy rules and regulations (unless the delivery obligations hereunderCommission will not accept such a filing). In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Actaddition, the Company will nevertheless provide such Exchange Act information has agreed that, prior to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) consummation of the Exchange Act within Offer, for so long as any Notes remain outstanding, it will furnish to the time periods Holders upon their request, the information required by lawto be delivered pursuant to Rule 144(A)(d)(4) under the Securities Act. The Company will be deemed to have satisfied receipt by the Trustee of any such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Delivery of such reports, information reports and documents to the Trustee pursuant to this Section 405 is for informational purposes only and the Trustee’s receipt of such 4.08 shall not constitute notice or constructive notice of any information contained therein in such documents or determinable from information contained thereinin such documents, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificatesan Officers’ Certificate).

Reports to Holders. (a) Notwithstanding that the Company may Whether or not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted required by the Exchange Act, the Company will file with the Commission, and provide so long as any Senior Notes are outstanding, the Issuer shall furnish to the Trustee and the Holders of the NotesTrustee, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on specified in the Commission’s rules and regulations (including any grace periods or extensions permitted by the Commission): (i) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the 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, a report on the annual financial statements by the Issuer’s independent registered public accounting firm; and (ii) all current reports that would be required to be filed with the Commission on Form 8-K if the Issuer were required to file these reports. (b) In addition, whether or not required by the Commission, the Issuer shall file a copy of all of the information and reports referred to in clauses (i) and (ii) above with the Commission for public availability within the time periods specified in the Commission’s rules and regulations (unless the Commission will not accept the filing) and make the information available to securities analysts and prospective investors upon request. (c) Notwithstanding the foregoing, the Issuer shall not be required to deliver to the Trustee any materials for which the Issuer has sought and received confidential treatment by the Commission. Reports, information and documents filed with the Commission via the ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company system will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information be delivered to the Trustee as of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file of such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) filing for purposes of this Section 405 for purposes of Section 601(3) until 90 days after 4.04; provided that the date Trustee shall have no obligation to confirm whether the Issuer has delivered any such report hereunder is due. (c) or information via filing. The Trustee shall have no duty to review or analyze any reports furnished to it. Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive or actual notice or knowledge of any information contained therein or determinable from information contained therein, including the CompanyIssuer’s compliance with any of its covenants hereunder pursuant to this Indenture (as to which the Trustee is entitled to rely exclusively on Officer’s Officers’ Certificates). The Trustee shall not be obligated to monitor or confirm, on a continuing basis or otherwise, the Issuer’s compliance with the covenants or with respect to any reports or other documents filed with the Commission or ▇▇▇▇▇ or any website, or participate in any conference calls.

Reports to Holders. (a) Notwithstanding that Whether or not required by the Company may not be subject to the reporting requirements of Section 13 or 15(d) rules and regulations of the Exchange ActSEC, to the extent permitted by the Exchange Actso long as any Notes are outstanding, the Company will file furnish to the Holders or cause the Trustee to furnish to the Holders: (i) all quarterly and annual financial information prepared in accordance with GAAP that would be required to be contained in a filing with the CommissionSEC on Forms 10-Q and 10-K if the Company were required to file such 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 the Company and its consolidated Subsidiaries and a reasonably detailed presentation, either on the face of the financial statements or in the footnotes thereto, and provide in “Management’s Discussion and Analysis of Financial Condition and Results of Operations,” if material, the financial condition and results of operations of the Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company, and, with respect to the Trustee and the Holders of the Notesannual information only, a report on the annual financial statements by the Company’s certified independent accountants; and (ii) all current reports and that would be required to be filed with the informationSEC on Form 8-K if the Company were required to file such reports, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act each case, within the time periods requiredspecified in the SEC’s rules and regulations which are then applicable to the Company; provided, however, that availability any breach of this Section 4.08 shall be cured upon the furnishing of such late report within 20 days of the foregoing materials date on the Commission’s ▇▇▇▇▇ service shall which such report was required to be deemed to satisfy the delivery obligations hereunderfurnished. In the event that the Company is not permitted to file All such reports, documents financial statements and information will be prepared in all material respects in accordance with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders all of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable SEC’s rules and regulations of the Commission (after giving effect applicable to any exemptive relief) because of the filings by Holdings. (b) such financial statements and reports. Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will shall not be deemed required to have failed to comply with any present the financial statements or information required by Rule 3-10 or Rule 3-16 of its obligations under clause Regulation S-X. The Company will (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Delivery of distribute such reports, information and documents such reports (as well as the details regarding the conference call described below) electronically to the Trustee, and (b) make them available, upon request, to any Holder and to any Beneficial Owner of Notes by posting such information and reports on a publicly available website (including filing with the SEC). In addition, the Company and the Guarantors agree that, for so long as any Notes remain outstanding, they will furnish to the Holders 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. The receipt by the Trustee of any such reports and documents pursuant to this Section 405 is for informational purposes only and the Trustee’s receipt of such 4.08 shall not constitute notice or constructive notice of any information contained therein in such documents or determinable from information contained thereinin such documents, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificatesan Officers’ Certificate).

Reports to Holders. (a) Notwithstanding that Whether or not the Company may not be is subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file with the Commission, and must provide to the Trustee and the Holders and, upon request, to any Holder of the NotesSecurities within fifteen (15) Business Days after filing, or in the annual reports and event no such filing is required, within fifteen (15) Business Days after the information, documents and other reports (or copies end of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; providedspecified in those sections with: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10--K if the Company were required to file such forms, howeverincluding a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual financial statements only, a report thereon by the Company’s certified independent accountants, and (2) all current reports that availability of would be required to be filed with the Commission on Form 8-K if the Company were required to file such reports; provided that the foregoing delivery requirements shall be deemed satisfied if the foregoing materials are available on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy system or on the delivery obligations hereunderCompany’s website within the applicable time period. In addition, whether or not required by the event that Commission, the Company is not permitted will, if the Commission will accept the filing, file a copy of all of the information and reports referred to file such reports, documents in clauses (1) and information (2) with the Commission pursuant to for public availability within the Exchange Acttime periods specified in the Commission’s rules and regulations. In addition, the Company will nevertheless provide such Exchange Act make the information and reports available to the Trustee securities analysts and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by lawprospective investors upon request. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture herein to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 4.03 for purposes of Section 601(36.01(c) hereof until 90 days after the date any report hereunder under this Section 4.03 is due. (c) due to be delivered to the Trustee. Delivery of such reports, information the reports and documents described in subsection (1) above to the Trustee pursuant to this Section 405 is for informational purposes only 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 conclusively rely exclusively on Officer’s Certificatesan Officers’ Certificate).

Reports to Holders. (a) Notwithstanding that the The Company may not shall furnish or cause to be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file with the Commission, and provide furnished to the Trustee in English and shall make available to the Holders of the Notes, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings.: (bi) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until within 90 days after the date any report hereunder is due.end of the first, second and third quarters of the Company’s fiscal year (commencing with the quarter ending September 30, 2020), quarterly unaudited financial statements (consolidated) prepared in accordance with IFRS of the Company for such period; and (cii) within 120 days after the end of the fiscal year of the Company commencing with the fiscal year ended December 31, 2020, annual audited financial statements (consolidated) prepared in accordance with IFRS of the Company for such fiscal year and a report on such annual financial statements by the Auditors. Each such annual report shall include a “Management’s Discussion and Analysis of Financial Condition and Results of Operations.” (b) Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 is for informational purposes only and the Trustee’s receipt of such reports shall not constitute actual or constructive notice of any information contained therein or determinable from information contained therein, including the Company’s or any other Person’s compliance with any of its covenants hereunder under this Indenture, the Notes or any Subsidiary Guarantee (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). (c) The Trustee shall not be obligated to monitor or confirm, on a continuing basis or otherwise, the Company’s or any other Person’s compliance with the covenants in this Indenture or with respect to any reports or other documents delivered pursuant to this Indenture. If such financial statements and reports required by Section 3.8(a) are available in English on the Company’s website, and written notice containing a hyperlink to such financial statements and reports is delivered to the Trustee in accordance with Section 13.1 each time they are posted to the Company’s website, they shall be deemed to have been furnished to the Trustee upon the Trustee’s receipt of such notice pursuant to the terms of Section 13.1. (d) For the avoidance of doubt, the Company shall not be required to include any financial information that would be required by Items 3-10 or 3-16 of Regulation S-X in any reports required hereby, including separate financial statements for any Subsidiary Guarantor, and shall not be required to provide any assessment by management of the Company’s disclosure controls and procedures or internal control over financial reporting. The Company and the Guarantors will comply also with applicable provisions of Trust Indenture Act Section 314(a).

Reports to Holders. (a1) Notwithstanding that The Company will file with the Company may not Commission all information, documents and reports to be subject filed with the Commission pursuant to the reporting requirements of Section 13 or 15(d) of the Exchange Act, whether or not the Company is subject to such filing require- ments so long as the Commission will accept such filings. The Company (at its own expense) will deliver to the extent permitted by the Exchange Act, the Company will file Trustee within 15 days after it files them with the Commission, and provide to the Trustee and the Holders copies of the Notes, the quarterly and annual reports and the information, documents and other reports (or copies of such portions of any of reports, if any, which the foregoing as Company is required to file with the Commission may by rules and regulations prescribe) that are specified in Sections pursuant to Section 13 and or 15(d) of the Exchange Act within Act. The Company shall also comply with the time periods required; providedprovisions of TIA (S) 314(a). (2) At the Company's expense, however, that availability regardless of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that whether the Company is not permitted required to file furnish such reports, documents and information with the Commission reports to its stockholders pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information shall cause its consolidated financial statements, comparable to those which would have been required to appear in annual or quarterly reports, to be delivered to the Trustee and the Holders Trustee. The Company will also make such reports available to prospective purchasers of the Notes Securities, securities analysts and broker-dealers upon their request. (3) For so long as if any of the Securities remain outstanding, the Company were will make available to any prospective purchaser of the Securities or beneficial owner of the Securities in connection with any sale thereof the information required by Rule 144A(d)(4) under the Securities Act during any period when the Company is not subject to the reporting requirements of Section 13 or 15(d) of under the Exchange Act within the time periods required by lawAct. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 4.10 is for informational purposes only and the Trustee’s 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Officers' Certificates).

Reports to Holders. (a) Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file with the Commission, and provide to the Trustee and the Holders of the Notes, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the Company’s delivery obligations hereunderunder this provision. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. . (b) The Company will be deemed to have satisfied such reporting requirements furnished the reports referred to in Section 405(a) if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required has filed reports containing such information with the Commission. The Trustee shall have no duty to file monitor whether any such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect filings have been made. The Trustee shall have no duty to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture review or analyze reports delivered to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) it. Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 is for informational purposes only and the Trustee’s receipt of such shall not constitute actual or constructive knowledge or notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder under this Indenture (as to which the Trustee is entitled to rely exclusively on an Officer’s CertificatesCertificate). (c) If the Company has designated any of its Subsidiaries as an Unrestricted Subsidiary, and if any such Unrestricted Subsidiary or group of Unrestricted Subsidiaries, if taken together as one Subsidiary, would constitute a Significant Subsidiary of the Company, then the quarterly and annual financial information required by Section 405(b) will include a reasonably detailed presentation, either on the face of the financial statements or in the footnotes to the financial statements, or in “Management’s Discussion and Analysis of Financial Condition and Results of Operations,” of the financial condition and results of operations of the Company and the Restricted Subsidiaries. (d) To the extent that any reports or other information is not furnished within the time periods specified above and such reports or other information is subsequently furnished prior to the time such failure results in an Event of Default, the Company will be deemed to have satisfied their obligations with respect thereto and any Default with respect thereto shall be deemed to have been cured. Notwithstanding anything herein to the contrary, the Company will not be deemed to have failed to comply with any of its obligations hereunder for purposes of Section 601(iii) until 90 days after the date any report hereunder is due. Section 406. Statement as to Default The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Company commencing with the Company’s fiscal year ending December 31, 2024, an Officer’s Certificate to the effect that to the best knowledge of the signer thereof (on behalf of the Company) the Company is or is not in default in the performance and observance of any of the terms, provisions and conditions of this Indenture applicable to the Company (without regard to any period of grace or requirement of notice provided hereunder) and, if the Company shall be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge.

Reports to Holders. (a) Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file with the Commission, and provide to the Trustee and the Holders of the Notes, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the Company’s delivery obligations hereunder; provided, further, that the Trustee shall have no liability or responsibility whatsoever to determine if such materials have been so made available. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 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 an Officer’s CertificatesCertificate). (b) Notwithstanding anything in the Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under Section 4.09(a) for purposes of Section 6.01(a)(3) until 90 days after the date any report hereunder is due.

Reports to Holders. (a) The Company shall deliver to the Trustee within 15 days after the filing of the same with the Commission, copies of the quarterly and annual reports and of the information, documents and other reports, if any, which the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will shall file with the Commission, to the extent permitted, and provide to the Trustee and the Holders of the Notes, the with such annual reports and the such information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within Act. The Company shall also comply with the time periods required; providedother provisions of TIA (S) 314(a). (b) At the Company's expense, however, that availability regardless of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that whether the Company is not permitted required to file furnish such reports, documents reports and other information with the Commission referred to in paragraph (a) above to its stockholders pursuant to the Exchange Act, the Company will nevertheless provide shall cause such Exchange Act reports and other information to the Trustee and be mailed to the Holders at their addresses appearing in the register of Notes maintained by the Notes as Registrar within 15 days after it files (or if the Company were it is no longer subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to such requirement, would have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not been required to file such reports, documents and information separately under file) them with the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is dueSEC. (c) Delivery The Company shall provide to any Holder any information reasonably requested by such Holder concerning the Company (including financial statements) necessary in order to permit such Holder to sell or transfer Notes in compliance with Rule 144A under the Securities Act. (d) At the Company's expense, the Company shall cause an annual report if furnished by it to stockholders generally and each quarterly or other financial report if furnished by it to stockholders generally to be filed with the Trustee and mailed to the Holders at their addresses appearing in the register of Notes maintained by the Registrar at the time of such reportsmailing or furnishing to stockholders. The Company shall make such annual, information quarterly and documents other financial reports available to the Trustee pursuant to this Section 405 is for informational purposes only securities analysts 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 Officer’s Certificates)prospective investors upon request.

Reports to Holders. (a) Notwithstanding that Whether or not required by the Company may not be subject to the reporting requirements of Section 13 or 15(d) rules and regulations of the Exchange ActCommission, to the extent permitted by the Exchange Actso long as any Notes are outstanding, the Company will file with the Commission, and provide to the Trustee and furnish the Holders of Notes: (1) all quarterly and annual financial information that would be required to be contained in a filing with the NotesCommission on Forms 10-Q and 10-K if the Company were required to file such 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 the Company and its consolidated Subsidiaries (showing in reasonable 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 Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company, if any) and, with respect to the annual information only, a report thereon by the Company’s certified independent accountants; and (2) all current reports and the information, documents and other reports (or copies of such portions of any of the foregoing as that would be required to be filed with the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that Form 8-K if the Company is not permitted were required to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periodsperiods specified in the Commission’s rules and regulations. Any such report filed with the Commission shall be deemed to have been furnished to the Holders of the Notes. In addition, and following the Company is consummation of the Exchange Offer contemplated by the Registration Rights Agreement, whether or not required to file such reports, documents and information separately under by the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contraryCommission, the Company will not be deemed to have failed to comply with any file a copy of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Delivery of all such reports, information and documents 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). In addition, the Company has agreed that, for so long as any Notes remain outstanding, it will furnish to the Trustee Holders and prospective investors, upon their request, the information required to be delivered pursuant to this Section 405 is for informational purposes only and Rule 144A(d)(4) under 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 Officer’s Certificates)Securities Act.

Reports to Holders. (a) Notwithstanding that To the extent such documents are required to be sent by the Company may not be subject to the reporting requirements holders of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Actits outstanding Common Stock, the Company will shall file with the Commission, Warrant Agent and provide to the Trustee and the Holders of Warrants, within 15 days after it files them with the NotesSEC, the copies of its annual reports report and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission SEC may by rules and regulations prescribe) that are specified in Sections which the Company is required to file with the SEC pursuant to Section 13 and or 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunderAct. In the event Notwithstanding that the Company is may not permitted be required to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were remain subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within Act, it shall continue to file with the time periods SEC and, to the extent it is required by law. The to send such documents to the holders of its outstanding Common Stock, provide the Warrant Agent and the Holders of the Warrants with reports containing substantially the same information as would have been required to be filed with the SEC and sent to holders of its outstanding Common Stock had the Company will be deemed continued to have satisfied been subject to such reporting requirements if Holdings files and provides reportsrequirements; provided, documents and information of the types otherwise so requiredhowever, in each case within the applicable time periods, and that the Company is shall not be so obligated to file with the SEC if the SEC does not permit such filings. In such event, such reports shall be provided to the Warrant Agent and Holders of Warrants at the times the Company would have been required to file provide such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect reports had it been subject to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) such reporting retirements. Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 Warrant Agent is for informational purposes only and the Trustee’s Warrant Agent's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates)hereunder.

Reports to Holders. (a) Whether or not required by the rules and regulations of the Commission, so long as any Notes are outstanding, the Company shall furnish to the Trustee and, upon request, to the Holders: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Company were required to file such 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 the Company and its consolidated Subsidiaries (showing in reasonable 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 Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company, if any) and, with respect to the annual information only, a report thereon by the Company’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 periods specified in the Commission’s rules and regulations. Notwithstanding that the foregoing, the Company may not satisfy such requirements prior to the effectiveness of the registration statement contemplated by the Registration Rights Agreement by filing with the Commission such registration statement within the time period required for such filing as specified in the Registration Rights Agreement, to the extent that any such registration statement contains substantially the same information as would be required to be filed by the Company if it were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act. In addition, to the extent permitted whether or not required by the Exchange Actrules and regulations of the Commission, the Company will 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 Table of Contents the Commission will not accept such a filing). For so long as any Notes remain outstanding, the Company shall also furnish to the Holders and provide prospective purchasers of Notes upon their request, the information required to be delivered pursuant to Rule 144(A)(d)(4) under the Securities Act. Notwithstanding the foregoing, the Company shall be deemed to have furnished such reports to the Trustee and the Holders of the Notes, the annual if it has filed such reports and the information, documents and other reports (or copies of such portions of any of the foregoing as with the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of via the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunderfiling system, and such reports are publicly available. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to The receipt by the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied any such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Delivery of such reports, information reports and documents to the Trustee pursuant to this Section 405 is for informational purposes only and the Trustee’s receipt of such 4.08 shall not constitute notice or constructive notice of any information contained therein in such documents or determinable from information contained thereinin such documents, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificatesan Officers’ Certificate). (b) The Company shall: (1) commencing with the furnishing of annual financial information for the fiscal year ending December 31, 2012, hold a quarterly conference call to discuss the quarterly and annual financial information contained in clause (1) of Section 4.08(a) (the “Financial Reports”) not later than fifteen (15) Business Days from the time the Company furnishes such reports to the Trustee; (2) no fewer than three (3) Business Days prior to the date of the conference call required to be held in accordance with clause (1) above, issue a press release to the appropriate news wire services announcing the time and date of such conference call and directing the Beneficial Owners of, and prospective investors in, the Notes and securities analysts to contact an individual at the Company (for whom contact information shall be provided in such press release) to obtain the Financial Reports and information on how to access such conference call; and (3) maintain a website to which Beneficial Owners of, and prospective investors in, the Notes and securities analysts are given access and to which the reports required by this Section 4.08 are posted along with, as applicable, details on the time and date of the conference call required by clause (i) above and information on how to access that conference call.

Reports to Holders. (a) Notwithstanding that From and after the Effective Date, whether or not required by the rules and regulations of the Commission, so long as any Securities are outstanding, the Company may shall furnish the Holders of Securities: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Company were required to file such Forms; 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 periods specified in the Commission's rules and regulations. In addition, following the consummation of the exchange offer contemplated by the Registration Rights Agreement, 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, for a period of two years after the Issue Date, the Company shall furnish to the Holders 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 if at the time of such request the Company is not subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file with the Commission, and provide to the Trustee and the Holders of the Notes, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings Holding files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to Holding. The Company shall file with the contraryTrustee within 15 days after it files with the Commission copies of the annual reports and the information, documents and other reports which the Company is required to file with the Commission pursuant to this Section 4.07. The Company will not be deemed to have failed to also comply with any the other provisions of its obligations under clause (a) of this the TIA Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) 3.14(a). Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 is for informational information purposes only and the Trustee’s 's receipt of such shall not constitute notice or constructive notice of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Officers' Certificates).

Reports to Holders. (a) Notwithstanding that the Company may Whether or not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted required by the Exchange ActSEC, so long as any Notes are outstanding, the Company Issuer will file with the Commission, and provide furnish to the Trustee and the Holders of the Notes, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) Notes that are specified in Sections 13 and 15(d) outstanding, with a copy to the trustee, within 5 days of the Exchange Act within the time periods required; providedspecified in the SEC’s rules and regulations: (1) all quarterly and annual financial and other information that would be required to be contained in a filing with the SEC on Forms 10-Q and 10-K if the Issuer were required to file such Forms, howeverincluding a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, that availability of with respect to the foregoing materials annual information only, a report on the Commissionannual financial statements by the Issuer’s ▇▇▇▇▇ service shall certified independent accountants; and (2) all current reports that would be deemed required to satisfy be filed with the delivery obligations hereunder. In SEC on Form 8-K if the event that the Company is not permitted Issuer were required to file such reports, documents and information with . Notwithstanding the Commission pursuant to the Exchange Actforegoing, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company Issuer will be deemed to have satisfied such reporting requirements if Holdings files and provides reportsfurnished any information or reports specified in the immediately preceding paragraph, documents and information upon the Issuer’s filing with the SEC of the types otherwise so required, in each case its required reports within the applicable time periods, and periods specified in the Company is not required to file such reports, documents and information separately under the applicable SEC’s rules and regulations and such information and or reports are publicly available. In addition, whether or not required by the SEC, the Issuer will file a copy of all of the Commission information and reports referred to in clauses (after giving effect 1) and (2) above with the SEC for public availability within the time periods specified in the SEC’s rules and regulations (unless the SEC will not accept such a filing) and make such information available to any exemptive relief) because of the filings by Holdingsprospective investors upon request. The Issuer will at all times comply with Trust Indenture Act Section 314(a). (b) Notwithstanding anything in this Supplemental Indenture The Trustee shall not be under a duty to review or evaluate any report or information delivered to the contrary, Trustee pursuant to the Company will not be deemed to have failed to comply with any of its obligations under clause (a) provisions of this Section 405 4.09 for the purposes of Section 601(3) until 90 days after making such reports available to it and to the date any report hereunder is due. (c) Holders of Notes who may request such information. Delivery of such reports, information and documents to the Trustee pursuant to as may be required under this Section 405 4.09 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 CompanyIssuer’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Officers’ Certificates). The trustee shall not be obligated to monitor or confirm, on a continuing basis or otherwise, the Issuer’s compliance with the covenants or with respect to any reports or other documents filed with the SEC or ▇▇▇▇▇ or any website, or participate in any conference calls.

Reports to Holders. (a) Notwithstanding that Whether or not required by the Company may not be subject to the reporting requirements of Section 13 or 15(d) rules and regulations of the Exchange ActSEC, to the extent permitted by the Exchange Actso long as any Notes are outstanding, the Company will file furnish the Holders and the Trustee: (a) all quarterly and annual financial information that would be required to be contained in a filing with the CommissionSEC on Forms 10-Q and 10-K if the Company were required to file such Forms, including a “Management’s Discussion and provide Analysis of Financial Condition and Results of Operations” that describes the financial condition and results of operations of the Company and its consolidated Subsidiaries and, with respect to the Trustee and annual information only, a report thereon by the Holders of Company’s certified independent accountants; and (b) all current reports that would be required to be filed with the Notes, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials SEC on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that Form 8-K if the Company is not permitted were required to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periodsperiods specified in the SEC’s rules and regulations. In addition, and the Company is whether or not required to file such reports, documents and information separately under by the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrarySEC, the Company will file a copy of all such information and reports with the SEC for public availability within the time periods specified in the SEC’s rules and regulations (unless the SEC will not accept such a filing) and make such information available to securities analysts and prospective investors upon request. In addition, the Company will furnish to Holders and to securities analysts and prospective investors, upon their request, the information required to be deemed delivered pursuant to have failed to comply with any of its obligations Rule 144A(d)(4) under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Securities Act. Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 is for informational purposes only and the Trustee’s 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Officers' Certificates).

Reports to Holders. (a) Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to if not filed electronically with the extent permitted by the Exchange ActSEC through ▇▇▇▇▇ (or any successor system), the Company will file with the Commission, and provide to the Trustee and the Holders of the Notes, the annual reports and the information, documents and other reports (or copies of such portions of any within 15 days of the foregoing as time periods specified in the Commission may by SEC’s rules and regulations prescribe) that are specified in Sections 13 and 15(d) of with respect to a non-accelerated filer (after giving effect to any grace period provided by Rule 12b-25 under the Exchange Act within Act): (i) all quarterly and annual financial information that would be required to be contained in a filing with the time periods required; providedSEC on Forms 10-Q and 10-K if the Company were required to file such Forms, howeverincluding a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, that availability of with respect to the foregoing materials annual information only, a report on the Commissionannual financial statements by the Company’s ▇▇▇▇▇ service shall independent registered public accounting firm; and (ii) all current reports that would be deemed required to satisfy be filed with the delivery obligations hereunder. In the event that SEC on Form 8-K if the Company is not permitted were required to file such reports. The requirement for the Company to provide information may be satisfied by posting such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act on its website within the time periods required by law. The specified herein. (b) To the extent any information is not provided within the time periods specified in Section 4.09(a) and such information is subsequently provided, the Company will be deemed to have satisfied its obligations with respect thereto at such reporting requirements if Holdings files time and provides reports, documents and information any Default or Event of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not Default with respect thereto shall be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is duebeen cured. (c) In addition, the Company and the Guarantors have agreed that, for so long as any Notes remain outstanding, if at any time the Company is not subject to Section 13 or Section 15(d) of the Exchange Act, they will furnish to the Holders and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act. Delivery of such any reports, information and documents to the Trustee pursuant to this Section 405 4.09(a) is for informational purposes only and the Trustee’s receipt of such shall not constitute actual or constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder pursuant to this Article 4 (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates).

Reports to Holders. (a) Notwithstanding that Whether or not required by the Company may not be subject to the reporting requirements of Section 13 or 15(d) rules and regulations of the Exchange ActSEC, to the extent permitted by the Exchange Actso long as any Notes are outstanding, the Company will file shall furnish the holders of Notes: (1) beginning with reports for the quarter ended March 31, 2004, all quarterly and annual financial information that would be required to be contained in a filing with the CommissionSEC on Forms 10-Q and 10-K if the Company were required to file such Forms, including a "Management's Discussion and provide Analysis of Financial Condition and Results of Operations" that describes the financial condition and results of operations of the Company and its consolidated Subsidiaries (showing in reasonable 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 Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company, if any) and, with respect to the Trustee and annual information only, a report thereon by the Holders Company's independent public accountants; (2) except with respect to any Current Report on Form 8-K that would be required to be filed with the SEC in connection with the contribution of the Notes, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇▇ service shall ▇▇▇▇▇ Corporation to the Company, all current reports that would be deemed required to satisfy be filed with the delivery obligations hereunder. In the event that SEC on Form 8-K if the Company is not permitted were required to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periodsperiods specified in the SEC's rules and regulations; and (3) the certifications that would be required to be filed with the SEC pursuant to Section 302 of the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002, and if the Company is not were required to file such reportscertificates, documents in each case within the time periods specified in such Section 302 and information separately under the applicable SEC's rules and regulations. In addition, following the consummation of the exchange offer contemplated by the Registration Rights Agreement, whether or not required by the rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrarySEC, the Company will not be deemed to have failed to comply with any shall file a copy of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Delivery of all such reports, information and documents reports with the SEC for public availability within the time periods specified in the SEC's rules and regulations (unless the SEC shall 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 Notes remain outstanding, it shall furnish to the Trustee holders of the Notes and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to this Section 405 is for informational purposes only and Rule 144A(d)(4) under 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 Officer’s Certificates)Securities Act.

Reports to Holders. (a) Notwithstanding that Whether or not required by the Company may not be subject to the reporting requirements of Section 13 or 15(d) rules and regulations of the Securities and Exchange ActCommission (the “SEC”), to the extent permitted by the Exchange Actso long as any Notes are outstanding, the Company will file with the Commission, and provide furnish to the Trustee and and, upon request, to the Holders of unless otherwise filed with the Notes, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s SEC via ▇▇▇▇▇ service shall ▇: (1) all quarterly and annual financial information that would be deemed required to satisfy be contained in a filing with the delivery obligations hereunder. In the event that SEC on Forms 10-Q and 10-K if the Company is not permitted were required to file such 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 the Company and its consolidated Subsidiaries (showing in reasonable 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 Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company, if any) and, with respect to the annual information only, a report thereon by the Company’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 Company were required to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periodsperiods specified in the SEC’s rules and regulations, and provided that any breach of this covenant shall be cured upon the Company is not furnishing of such late report within 20 days of the date on which such report was required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) furnished. Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 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 Officer’s Officers’ Certificates). Notwithstanding the foregoing, the Company may satisfy such requirements prior to the effectiveness of the registration statement contemplated by the Registration Rights Agreement by filing with the SEC such registration statement within the time period required for such filing as specified in the Registration Rights Agreement, to the extent that any such registration statement contains substantially the same information as would be required to be filed by the Company if it were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, and by providing the Trustee and Holders with such Registration Statement (and any amendments thereto) promptly following the filing thereof. In addition, following the consummation of the Exchange Offer, whether or not required by the rules and regulations of the SEC, the Company will file a copy of all such information and reports with the SEC for public availability within the time periods specified in the SEC’s rules and regulations (unless the SEC will not accept such a filing). In addition, the Company has agreed that, prior to the consummation of the Exchange Offer, for so long as any Notes remain outstanding, it will furnish to the Holders upon their request, the information required to be delivered pursuant to Rule 144(A)(d)(4) under the Securities Act.

Reports to Holders. (a) Notwithstanding that Whether or not required by the Company may not be subject to the reporting requirements of Section 13 or 15(d) rules and regulations of the Exchange ActSEC, to the extent permitted by the Exchange Actso long as any Notes are outstanding, the Company will file with the Commission, and provide furnish to the Trustee and, upon request, to the Holders: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Holders SEC on Forms 10-Q and 10-K if the Company were required to file such 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 the NotesCompany and its consolidated Subsidiaries (showing in reasonable 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 annual reports financial condition and the information, documents and other reports (or copies results of such portions of any operations of the foregoing as Company and its Restricted Subsidiaries separate from the Commission may by rules financial condition and regulations prescribe) that are specified in Sections 13 and 15(d) results of operations of the Exchange Act within the time periods required; provided, however, that availability Unrestricted Subsidiaries of the foregoing materials Company, if any) and, with respect to the annual information only, a report thereon by the Company’s certified independent accountants; and (2) all current reports that would be required to be filed with the SEC on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that Form 8-K if the Company is not permitted were required to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periodsperiods specified in the SEC’s rules and regulations, and provided that any breach of this covenant shall be cured upon the Company is not furnishing of such late report within 20 days of the date on which such report was required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) furnished. Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 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 Officer’s Officers’ Certificates).

Reports to Holders. (a) Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file with the Commission, and provide to the Trustee and the Holders of the Notes, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) . Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 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 Officer’s Certificates).

Reports to Holders. So long as any Notes are outstanding: (a) Notwithstanding that if the Company may not be is subject to the reporting requirements under the securities laws of Section 13 Canada and is required to file information with one or 15(d) of more securities commissions in Canada (the Exchange Act, to the extent permitted by the Exchange Act“Canadian Commissions”), the Company will file with the Commission, and provide furnish to the Trustee and the Holders of the Notes, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes and, upon request, beneficial owners of the Notes in each case, to the extent not otherwise available on the Canadian System For Electronic Document Analysis and Retrieval, or SEDAR), as promptly as practicable after such information has been filed: (1) all quarterly and annual financial information that the Company would be required to file (on or before the date that such financial information would be required to be filed for the applicable quarter or year) with the Canadian Commissions as if it were a reporting issuer under the securities laws of Canada or the Province of British Columbia, including in each case a “Management's Discussion and Analysis” and with respect to annual information only, a report on the Company's annual financial statements by the Company's independent registered public accountants; and (2) all material change reports that the Company would be required to file with the Canadian Commissions, as if it were a reporting issuer under the securities laws of Canada or the Province of British Columbia; and (b) if the Company were is not subject to the reporting requirements under the securities laws of Section 13 Canada or 15(d) the Province of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types British Columbia or is otherwise so required, in each case within the applicable time periods, and the Company is not required to file information with the Canadian Commissions, the Company will furnish to the Trustee and, upon request, to beneficial owners of the Notes and prospective investors in the Notes a copy of all the financial information and reports required to be delivered in subclauses (1) and (2) of clause (a) above, on or before the date such reportsfinancial information would have been required to be filed for the applicable quarter or year if it were so subject to such securities laws. In addition, documents the Company will furnish to the Holders of the Notes and to prospective investors, upon request, any information separately required to be delivered under Rule 144A(d)(4) under the applicable rules and regulations of Securities Act so long as the Commission (after giving effect to any exemptive relief) because of Notes are not freely transferable under the filings by Holdings. (b) Securities Act. Notwithstanding anything in this Supplemental Indenture herein to the contrary, the Company will not be deemed not to have failed to comply with any of its obligations under clause (a) of this Section 405 agreements hereunder for purposes of Section 601(35.01(a)(3) herein until 90 45 days after the date any report hereunder is due. (c) required to be furnished to the Trustee pursuant to this Section 10.02. Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 is for informational purposes only and the Trustee’s 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Officers' Certificates).

Reports to Holders. (a) Notwithstanding that the Company may not be required to be or remain subject to the reporting requirements of Section 13 13(a) or 15(d) of the Exchange Act, to the extent permitted by the Exchange Actso long as any Notes remain outstanding, the Company will file with or furnish to the Commission, and provide within the time periods applicable to the Trustee and Company under the Holders of Exchange Act (unless such filing is not permitted under the NotesExchange Act or by the Commission), the annual reports and the reports, information, documents and other reports that the Company is required to file with the Commission pursuant to such Section 13(a) or 15(d) or would be so required to file if the Company were so subject. The Company will also, within 15 days after the date on which the Company so files the same with the Commission (or would be required to so file if filing is not permitted by the Commission), deliver to the Holders by first-class mail to each Holder's registered address, to the Global Note Depositary and Custodian and to the Trustee, copies of any such portions of any of the foregoing as the Commission may by rules information, documents and regulations prescribereports (without exhibits) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that so required to be filed. The availability of the foregoing materials on either the Commission’s ▇▇▇▇▇ service shall 's Electronic Data Gathering, Analysis and Retrieval System (or any successor system) or on the Company's website will be deemed to satisfy the Company's delivery obligations hereunderobligation. In the event that addition, at any time when the Company is or the Issuers are not permitted subject to file such reports, documents and information with the Commission pursuant to the Exchange Actor are not current in its reporting obligations, the Company or the Issuers, as the case may be, will nevertheless provide such Exchange make available, upon request, to any Holder, to securities analysts and to any prospective purchaser of Notes the information required pursuant to Rule 144A(d)(4) under the Securities Act information to the Trustee and the Holders of so long as the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is are not required to file such reports, documents and information separately freely transferable under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Securities Act. Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 is for informational purposes only and the Trustee’s 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to conclusively rely exclusively on Officer’s 's Certificates).

Reports to Holders. (a) Notwithstanding that For so long as the Company may Notes remain outstanding, the Parent shall file with the SEC all such documents, reports and other information as it is required to file with the SEC by Sections 13(a) or 15(d) under the Exchange Act; provided, however, that, if filing such documents by the Parent with the SEC is not be permitted under the Exchange Act or if at any time the Parent is not subject to the reporting requirements of Section Sections 13 or 15(d) of the Exchange Act, the Parent shall, within 15 days after the time the Parent would be required to file such information with the extent permitted by SEC if it were subject to Sections 13 or 15(d) under the Exchange Act, the Company will file with the Commission, and provide to the Trustee and the Holders of the Notessuch documents, the annual reports and the information, documents and or other reports (or copies of such portions of any of the foregoing material disclosures as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that the Company is not permitted it would have been required to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section SEC by Sections 13 or 15(d) of the Exchange Act within Act, upon written request supply copies of such documents and reports to any Holder and, at its option, shall post such documents and reports on the time periods required by lawParent’s public website or post such documents and reports on Intralinks or any comparable password protected online data system requiring user identification and a confidentiality agreement (a “Confidential Datasite”). If the Parent elects to furnish such reports and information via a Confidential Datasite, access to the Confidential Datasite shall be provided upon request to holders, beneficial owners of, and bona fide prospective investors in the Notes as well as securities analysts and market makers. The Company will be deemed Parent shall supply the Trustee and each Holder, without cost to have satisfied the Trustee or such reporting requirements if Holdings files Holder, copies of such reports and provides reportsother information. Delivery of such information, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Delivery of such reports, information and documents reports to the Trustee pursuant to this Section 405 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 Issuers’ compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). (b) So long as permitted by the SEC, at any time Parent holds directly any material assets (including Capital Stock) other than the Capital Stock of the Issuers and such other assets taken together would represent 5% or more of the Total Assets of Parent and its Subsidiaries as of the latest quarterly financial statements, then the quarterly and annual financial information required by this Section 10.9 will include a reasonably detailed presentation, either in “Management’s Discussion and Analysis of Financial Condition and Results of Operations” or any other comparable section, of the financial condition and results of operations of the Issuers and their Subsidiaries separate from the financial condition and results of operations of such other material assets of Parent. (c) The Parent shall also, within a reasonably prompt period of time following the disclosure of the annual and quarterly information required above, conduct a conference call with respect to such information and results of operations for the relevant reporting period. No fewer than three Business Days prior to (i) the disclosure of the annual, quarterly and periodic information required above and (ii) the date of the conference call required to be held in accordance with the preceding sentence, the Parent shall issue a press release to the appropriate internationally recognized wire services announcing the date that such information will be available and the time and date of such conference call. (d) Notwithstanding anything herein to the contrary, the Parent shall not be deemed to have failed to comply with any of its obligations under this Section 10.9 for purposes of Section 5.1(4) until 30 days after the date any report hereunder is due.

Reports to Holders. (a) Notwithstanding that From and after the Effective Date, whether or not required by the rules and regulations of the Commission, so long as any Securities are outstanding, the Company may shall furnish the Holders of Securities: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if the Company were required to file such Forms; 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 periods specified in the Commission’s rules and regulations. In addition, following the consummation of the exchange offer contemplated by the Registration Rights Agreement, 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, for a period of two years after the Issue Date, the Company shall furnish to the Holders 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 if at the time of such request the Company is not subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file with the Commission, and provide to the Trustee and the Holders of the Notes, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings Holding files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to Holding. The Company shall file with the contraryTrustee within 15 days after it files with the Commission copies of the annual reports and the information, documents and other reports which the Company is required to file with the Commission pursuant to this Section 4.07. The Company will not be deemed to have failed to also comply with any the other provisions of its obligations under clause (a) of this the TIA Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) 3.14(a). Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 is for informational information purposes only and the Trustee’s receipt of such shall not constitute notice or 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 Officer’s Officers’ Certificates).

Reports to Holders. (a) Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file with the Commission, Commission and provide to the Trustee with such annual and the Holders of the Notes, the annual quarterly reports and the such information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within and applicable to a U.S. corporation subject to such Sections, such information, documents and reports to be so filed and provided at the time periods requiredtimes specified for the filing of such information, documents and reports under such Sections; provided, however, that availability of (a) the foregoing materials on Company will not be required to provide the Commission’s ▇▇▇▇▇ service shall Trustee with any such information, documents and reports that are filed with the Commission and (b) the Company will not be deemed so obligated to satisfy file such information, documents and reports with the delivery obligations hereunder. In Commission if the Commission does not permit such filings; provided further, however, that if the Commission does not permit such filings, the Company will be required to provide to Holders any such information, documents or reports that are not so filed. (b) Notwithstanding anything herein to the contrary, in the event that the Company is not permitted fails to comply with its obligation to file or provide such reportsinformation, documents and reports as required hereunder, the Company will be deemed to have cured such Default for purposes of Section 6.01(4) hereof upon the filing or provision of all such information, documents and reports required hereunder prior to the expiration of 60 days after written notice to the Company of such failure from the Trustee or the Holders of at least 25% of the principal amount of the Notes. (c) For so long as any Restricted Notes are outstanding the Company agrees that, in order to render such Restricted Notes eligible for resale pursuant to Rule 144A under the Securities Act, it will make available, upon request, to any Holder of Restricted Notes or prospective purchasers of Restricted Notes the information with specified in Rule 144A(d)(4), unless the Company furnishes such information to the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within Act. Notwithstanding the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reportsforegoing, the information, documents and information reports required by this Section 4.03 may, at the option of the types otherwise Company, instead be those of any direct or indirect parent entity of the Company so requiredlong as such parent entity fully and unconditionally guarantees, by execution of a supplemental indenture, the obligations of the Company in each case within respect of the applicable time periods, Notes and such parent entity and the Company is not required to file such reports, documents and information separately under comply with the applicable rules and regulations requirements of Rule 3-10 of Regulation S-X promulgated by the Commission (after giving effect to or any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 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 Officer’s Certificatessuccessor provision).

Reports to Holders. (a) Notwithstanding that Whether or not Opco is then required to file reports with the Company may SEC, Opco shall file with the SEC all such reports and other information as it would be required to file with the SEC by Sections 13(a) or 15(d) under the Exchange Act if it was subject thereto; provided, however, that, if filing such documents by Opco with the SEC is not permitted under the Exchange Act, Opco shall, within 15 days after the time Opco would be required to file such information with the SEC if it were subject to the reporting requirements of Section 13 or 15(d) of under the Exchange Act, to the extent permitted by the Exchange Act, the Company will file with the Commission, provide such documents and provide reports to the Trustee and the Holders of the Notes, the annual reports and the information, documents and other reports (or upon written request supply copies of such portions documents and reports to any Holder and shall post such documents and reports on Opco’s or Parent’s public website. Opco shall supply the Trustee and each Holder or shall supply to the Trustee for forwarding to each such Holder upon such holder’s written request, without cost to such Holder, copies of any of the foregoing as the Commission may by rules such reports and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; other information provided, however, that availability the filing of such reports and other information with the foregoing materials on the Commission’s SEC through ▇▇▇▇▇ service shall be deemed (or any successor electronic reporting system of the SEC accessible to satisfy the public without charge) constitutes delivery obligations hereunderto the Trustee for purposes of this sentence. In the event that the Company is not permitted to file Delivery of such reportsinformation, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information reports to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 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 Issuers’ compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). The Trustee is not obligated to confirm that Opco has complied with its obligations contained in this Section 4.15 to provide such reports or post such reports and information on its or its Parent’s public website. (b) So long as Parent is a Guarantor of the Notes, this Indenture will permit Opco to satisfy its obligations under this Section 4.15 with respect to filing, furnishing, providing or posting documents, reports and other information relating to Opco by Parent’s filing, furnishing, providing or posting, as the case may be, of such documents, reports and other information relating to Parent; provided that, if then required in Parent’s reports, the same is accompanied by consolidating information that explains in reasonable detail and in the same manner described in the Offering Memorandum the differences between the information relating to Parent and its consolidated Subsidiaries on the one hand, and the information relating to Parent, the Issuers and the Subsidiary Guarantors on a standalone basis, on the other hand, as of the ending date of the period covered by such report, which consolidating information shall be presented in accordance with Rule 3-10 of Regulation S-X under the Securities Act, or any successor provision. (c) Notwithstanding anything herein to the contrary, the Issuer will not be deemed to have failed to comply with any of its obligations in this Section 4.15 for purposes of Section 6.01(e) until 120 days after the receipt of the written notice delivered thereunder. (d) To the extent any information is not provided within the time periods specified in this Section 4.15 and such information is subsequently provided, the Issuer 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.

Reports to Holders. (a) Notwithstanding that Whether or not required by the Company may not be subject to the reporting requirements of Section 13 or 15(d) rules and regulations of the Exchange ActCommission, to the extent permitted by the Exchange Actso long as any Notes are outstanding, the Company will file with the Commission, and provide to the Trustee and shall furnish the Holders of the Notes, the : (1) all quarterly and annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) financial information that are specified would be required to be contained in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that the Company is not permitted to file such reports, documents and information a filing with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee on Forms 10-Q and the Holders of the Notes as 10-K if the Company were subject required to file such 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 the Company and its consolidated Subsidiaries (showing in reasonable 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 Company and its Subsidiaries) and, with respect to the reporting requirements of Section 13 or 15(dannual information only, a report thereon by the Company’s independent registered public accounting firm; and (2) of all current reports that would be required to be filed with the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements Commission on Form 8-K if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not were required to file such reports, documents in each case within 15 days after the due dates for such reports specified in the Commission’s rules and information separately under regulations. In addition, whether or not required by the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contraryCommission, the Company will not be deemed to have failed to comply shall file a copy of all such information and reports with any of its obligations under clause (a) of this Section 405 the Commission for purposes of Section 601(3) until 90 public availability within 15 days after the date due dates for such reports 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 report hereunder is due. (cNotes remain outstanding, it will furnish to the Holders 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. Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 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 Officer’s Officers’ Certificates).

Reports to Holders. (a) Notwithstanding that Whether or not the Company may not be is then subject to the reporting requirements of Section 13 13(a) or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will electronically file with the Commission, and provide to so long as the Trustee and the Holders of the NotesSenior Notes are outstanding, the annual reports, quarterly reports and the information, documents and other periodic reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that the Company is not permitted would be required to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as Section 13(a) or 15(d) if the Company were subject so subject, and such documents will be filed with the Commission on or prior to the reporting requirements 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 Commission. If such filings with the Commission are not then permitted by the Commission, or such filings are not generally available on the Internet free of charge, the Company 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 Senior Note register, and file with the Trustee copies of the annual reports, quarterly reports and other periodic reports that the Company would be required to file with the Commission pursuant to Section 13 13(a) or 15(d) of the Exchange Act within if the time periods required by lawCompany 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. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information So long as any of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately Senior Notes remain restricted under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contraryRule 144, the Company will not be deemed make available upon request to have failed to comply any prospective purchaser of Senior Notes or beneficial owner of Senior Notes in connection with any of its obligations sale thereof the information required by Rule 144A(d)(4) under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Securities Act. Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 is for informational purposes only and the Trustee’s 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Officers' Certificates).

Reports to Holders. (a) Notwithstanding that the Company may Whether or not be ▇▇▇▇▇ is then subject to the reporting requirements of Section 13 13(a) or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company ▇▇▇▇▇ will electronically file with the Commission, and provide to so long as the Trustee and the Holders of the NotesNotes are outstanding, the annual reports, quarterly reports and the information, documents and other periodic reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall would be deemed to satisfy the delivery obligations hereunder. In the event that the Company is not permitted required to file such reports, documents and information with the Commission pursuant to Section 13(a) or 15(d) if ▇▇▇▇▇ were so subject, and such documents will be filed with the Exchange ActCommission on or prior to the respective dates (the "Required Filing Dates") by which ▇▇▇▇▇ would be required so to file such documents if ▇▇▇▇▇ were so subject, unless, in any case, such filings are not then permitted by the Commission. If such filings with the Commission are not then permitted by the Commission, or such filings are not generally available on the Internet free of charge, the Company will nevertheless provide such Exchange Act information 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 and the Holders copies of the Notes as if annual reports, quarterly reports and other periodic reports that ▇▇▇▇▇ would be required to file with the Company were subject Commission pursuant to the reporting requirements of Section 13 13(a) or 15(d) of the Exchange Act within if it 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 ▇▇▇▇▇'▇ cost. So long as any of the time periods Notes remain restricted under Rule 144, ▇▇▇▇▇ 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 by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately Rule 144A(d)(4) under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Securities Act. Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 is for informational purposes only and the Trustee’s 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s 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 delivering of the same to the Trustee.

Reports to Holders. (a) Notwithstanding that the Company may Whether or not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted required by the Exchange ActSEC’s rules and regulations, so long as any Notes are outstanding, the Company will file with the Commission, and provide shall furnish to the Holders or cause the Trustee and to furnish to the Holders of the Notes, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials if not available on the CommissionSEC’s ▇▇▇▇▇ service shall system), within the time periods specified in the SEC’s rules and regulations: (1) all quarterly and annual information that would be deemed required to satisfy be filed with the delivery obligations hereunder. In the event that SEC on Forms 10-Q and 10-K if the Company is not permitted were required to file such reports, documents and information ; and (2) all current reports that would be required to be filed with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as SEC on Form 8-K if the Company were required to file such reports. (b) All such reports shall be prepared in all material respects in accordance with all of the rules and regulations applicable to such reports. Each annual report shall include a report on the Company’s consolidated financial statements by the Company’s certified independent accountants. In addition, the Company shall file a copy of each of the reports referred to in Section 4.18(a) with the SEC for public availability within the time periods specified in the rules and regulations applicable to such reports (unless the SEC will not accept such a filing). (c) If, at any time, the Company is no longer subject to the periodic reporting requirements of Section 13 or 15(d) of the Exchange Act for any reason, the Company shall nevertheless continue filing the reports specified in Section 4.18(a) with the SEC within the time periods required by lawspecified above unless the SEC will not accept such a filing. The Company agrees that it will be deemed not take any action for the purpose of causing the SEC not to have satisfied accept any such reporting requirements if Holdings files filings, but may, at its election, deregister to the extent permitted by law. (d) If the Company has designated any of its Subsidiaries as Unrestricted Subsidiaries and provides reports, documents and information such Unrestricted Subsidiaries account for 7.5% or more of the types otherwise so requiredConsolidated Cash Flow of the Company measured as if such definition applied to the Company and all its Subsidiaries and not just its Restricted Subsidiaries, then the quarterly and annual financial information required by Section 4.18(a) will include a reasonably detailed presentation, either on the face of the financial statements or in each case within the applicable time periodsfootnotes 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 Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company. (e) In addition, the Company agrees that, for so long as any Notes remain outstanding, if at any time the Company is not required to file such reportsthe reports required by Section 4.18(a) with the SEC, documents it will furnish to the Holders and to securities analysts and prospective investors, upon their request, the information separately required to be delivered pursuant to Rule 144A(d)(4) under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Securities Act. Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 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 Issuers’ compliance with any of its their covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Officers’ Certificates).

Reports to Holders. (a) Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file with the Commission, and provide to the Trustee and the Holders of each series of the Notes, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of each series of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 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 Officer’s Certificates).

Reports to Holders. (a) Notwithstanding that Whether or not Opco is then required to file reports with the Company may SEC, Opco shall file with the SEC all such reports and other information as it would be required to file with the SEC by Sections 13(a) or 15(d) under the Exchange Act if it was subject thereto; provided, however, that, if filing such documents by Opco with the SEC is not permitted under the Exchange Act, Opco shall, within 15 days after the time Opco would be required to file such information with the SEC if it were subject to the reporting requirements of Section 13 or 15(d) of under the Exchange Act, to the extent permitted by the Exchange Act, the Company will file with the Commission, provide such documents and provide 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 Opco’s or Parent’s public website. Opco shall supply the Holders Trustee and each Holder or shall supply to the Trustee for forwarding to each such Holder upon such holder’s written request, without cost to such Holder, copies of such reports and other information provided, that the filing of such reports and other information with the SEC through E▇▇▇▇ (or any successor electronic reporting system of the Notes, SEC accessible to the annual reports and public without charge) constitutes delivery to the trustee for purposes of this sentence. Delivery of such information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 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 Issuers’ compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). The Trustee is not obligated to confirm that Opco has complied with its obligations contained in this Section 4.15 to provide such reports or post such reports and information on its or its Parent’s public website. (b) So long as the Parent is a Guarantor of the Notes, this Indenture will permit Opco to satisfy its obligations under this Section 4.15 with respect to filing, furnishing, providing or posting documents, reports and other information relating to Opco by Parent’s filing, furnishing, providing or posting, as the case may be, of such documents, reports and other information relating to the Parent; provided that, if then required in Parent’s reports, the same is accompanied by consolidating information that explains in reasonable detail and in the same manner described in the Offering Memorandum the differences between the information relating to Parent and its consolidated Subsidiaries on the one hand, and the information relating to Parent, the Issuers and the Subsidiary Guarantors on a standalone basis, on the other hand, as of the ending date of the period covered by such report, which consolidating information shall be presented in accordance with Rule 3-10 of Regulation S-X under the Securities Act, or any successor provision.

Reports to Holders. (a) Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file with the Commission, and provide to the Trustee and the Holders of the Notes, the annual and quarterly reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the Company’s delivery obligations hereunder; provided, further, that the Trustee shall have no liability or responsibility whatsoever to determine if such materials have been made so available. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contraryIndenture, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 4.09 for purposes of Section 601(36.01(a)(3) until 90 days after the date any report hereunder is due. (c) . Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 4.09 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 Officer’s Officers’ Certificates).

Reports to Holders. (a) Notwithstanding that The Guarantor shall file with the Company may not be subject to Trustee, within 15 days after the reporting requirements of Section 13 or 15(d) of Guarantor files the Exchange Act, to the extent permitted by the Exchange Act, the Company will file same with the Commission, and provide to the Trustee and the Holders copies of the Notes, the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) that are specified in Sections which the Guarantor may be required to file with the Commission pursuant to Section 13 and or Section 15(d) of the Exchange Act within the time periods requiredAct; providedor, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company Guarantor is not required to file information, documents or reports pursuant to either of said Sections, then it shall file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such reportsof the supplementary and periodic information, documents and information separately under reports which may be required pursuant to Section 13 of the applicable Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) regulations. Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 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 CompanyIssuer’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s 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 delivering of the same to the Trustee. In addition, the Issuer shall and, at any time when the Guarantor is not required to file information, documents or reports pursuant to those Sections stated in the first paragraph of this Section 4.7 the Guarantor shall, make available, upon request, to any Holder and prospective purchaser of Notes the information required pursuant to Rule 144A(d)(4) under the Securities Act.

Reports to Holders. (a) Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file with the Commission, Commission and provide to the Trustee with such annual and the Holders of the Notes, the annual quarterly reports and the such information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within and applicable to a U.S. corporation subject to such sections, such information, documents and reports to be so filed and provided at the time periods requiredtimes specified for the filing of such information, documents and reports under such sections; provided, however, that availability of (1) the foregoing materials on Company will not be required to provide the Commission’s ▇▇▇▇▇ service shall Trustee with any such information, documents and reports that are filed with the Commission and (2) the Company will not be deemed so obligated to satisfy file such information, documents and reports with the delivery obligations hereunder. In Commission if the Commission does not permit such filings; provided further, however, that if the Commission does not permit such filings, the Company will be required to provide to Holders any such information, documents or reports that are not so filed. (b) Notwithstanding anything herein to the contrary, in the event that the Company is not permitted fails to comply with its obligation to file or provide such reportsinformation, documents and reports as required hereunder, the Company will be deemed to have cured such Default for purposes of Section 6.01(4) hereof upon the filing or provision of all such information, documents and reports required hereunder prior to the expiration of 120 days after written notice to the Company of such failure from the Trustee or the Holders of at least 25% of the principal amount of the Notes. (c) For so long as any Restricted Notes are outstanding, the Company agrees that, in order to render such Restricted Notes eligible for resale pursuant to Rule 144A under the Securities Act, it will make available, upon request, to any Holder of Restricted Notes or prospective purchasers of Restricted Notes the information with specified in Rule 144A(d)(4), unless the Company furnishes such information to the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within Act. Notwithstanding the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reportsforegoing, the information, documents and information reports required by this Section 4.03 may, at the option of the types otherwise Company, instead be those of any direct or indirect parent entity of the Company so requiredlong as such parent entity fully and unconditionally guarantees, by execution of a supplemental indenture, the obligations of the Company in each case within respect of the applicable time periods, Notes and such parent entity and the Company is not required to file such reports, documents and information separately under comply with the applicable rules and regulations requirements of Rule 3-10 of Regulation S-X promulgated by the Commission (after giving effect to or any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 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 Officer’s Certificatessuccessor provision).

Reports to Holders. (a) Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to the extent permitted by the Exchange Act, the Company will file with the Commission, and provide to the Trustee and the Holders of the NotesHolders, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the Company’s delivery obligations hereunder; provided, further, that such reports will not be required to contain the financial information required by Rule 3-10 of Regulation S-X as a result of the offering of the Notes; provided, further, that the Trustee shall have no liability or responsibility whatsoever to determine if such materials have been so made available. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (aSection 4.09(a) of this Section 405 for purposes of Section 601(36.01(a)(3) until 90 days after the date any report hereunder is due. (c) At any time when the Company is not subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company will furnish to the Holders and to prospective investors, upon requests of such Holders or investors, any information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act so long as the Notes are not freely transferable under the Securities Act. Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 4.09 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 Issuer’s compliance with any of its their covenants hereunder (as to which the Trustee is entitled to rely exclusively on an Officer’s CertificatesCertificate).

Reports to Holders. Whether or not required by the rules and regulations of the SEC, so long as any Notes are outstanding, the Company will furnish to the Trustee and to the Holders: (a1) 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 Company were required to file such 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 the Company and its consolidated Subsidiaries and, with respect to the annual information only, a report thereon by the Company’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 Company were required to file such reports, in each case, within the time periods required for filing such forms and reports as specified in the SEC’s rules and regulations. Notwithstanding that the foregoing, the Company may not satisfy such requirements prior to the effectiveness of the registration statement contemplated by the Registration Rights Agreement by filing with the SEC such registration statement within the time period required for such filing as specified in the Registration Rights Agreement, to the extent that any such registration statement contains substantially the same information as would be required to be filed by the Company if it were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, to and by providing the extent permitted Trustee and Holders with such Registration Statement (and any amendments thereto) promptly following the filing thereof. In addition, following the consummation of the Exchange Offer, whether or not required by the Exchange Actrules and regulations of the SEC, the Company will file a copy of all such information and reports with the Commission, and provide to the Trustee and the Holders of the Notes, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act SEC for public availability within the time periods required; provided, however, that availability of specified in the foregoing materials on SEC’s rules and regulations (unless the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunderSEC will not accept such a filing). In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Actaddition, the Company will nevertheless provide such Exchange Act information has agreed that, prior to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) consummation of the Exchange Act within Offer, for so long as any Notes remain outstanding, it will furnish to the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reportsHolders upon their request, documents and the information of the types otherwise so required, in each case within the applicable time periods, and the Company is not required to file such reports, documents and information separately be delivered pursuant to Rule 144(A)(d)(4) under the applicable rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) Securities Act. Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 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 Officer’s Officers’ Certificates).

Reports to Holders. So long as any Notes are outstanding: (a) Notwithstanding that if the Company may not be is subject to the reporting requirements under the securities laws of Section 13 Canada and is required to file information with one or 15(d) of more securities commissions in Canada (the Exchange Act, to the extent permitted by the Exchange Act"Canadian Commissions"), the Company will file with the Commission, and provide furnish to the Trustee and the Holders of the Notes, the annual reports and the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that the Company is not permitted to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes and, upon request, beneficial owners of the Notes), as promptly as practicable after such information has been filed: (1) all quarterly and annual financial information that the Company would be required to file (on or before the date that such financial information would be required to be filed for the applicable quarter or year) with the Canadian Commissions as if it were a reporting issuer under the securities laws of Canada or the Province of British Columbia, including in each case a "Management's Discussion and Analysis" and with respect to annual information only, a report on the Company's annual financial statements by the Company's independent chartered accountants; and (2) all material change reports that the Company would be required to file with the Canadian Commissions, as if it were a reporting issuer under the securities laws of Canada or the Province of British Columbia; and (b) if the Company were is not subject to the reporting requirements under the securities laws of Section 13 Canada or 15(d) the Province of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types British Columbia or is otherwise so required, in each case within the applicable time periods, and the Company is not required to file information with the Canadian Commissions, the Company will furnish to the Trustee and, upon request, to beneficial owners of the Notes and prospective investors in the Notes a copy of all the financial information and reports required to be delivered in subclauses (1) and (2) of clause (a) above, on or before the date such reportsfinancial information would have been required to be filed for the applicable quarter or year if it were so subject to such securities laws. In addition, documents the Company will furnish to the Holders of the Notes and to prospective investors, upon request, any information separately required to be delivered under Rule 144A(d)(4) under the applicable rules and regulations of Securities Act so long as the Commission (after giving effect to any exemptive relief) because of Notes are not freely transferable under the filings by Holdings. (b) Securities Act. Notwithstanding anything in this Supplemental Indenture herein to the contrary, the Company will not be deemed not to have failed to comply with any of its obligations under clause (a) of this Section 405 agreements hereunder for purposes of Section 601(35.01(a)(3) herein until 90 45 days after the date any report hereunder is due. (c) required to be furnished to the Trustee pursuant to this Section 10.02. Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 is for informational purposes only and the Trustee’s 's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s 's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Officers' Certificates).

Reports to Holders. (a) Notwithstanding that Whether or not required by the Company may not be subject to the reporting requirements of Section 13 or 15(d) rules and regulations of the Securities and Exchange ActCommission (the “SEC”), to the extent permitted by the Exchange Actso long as any Notes are outstanding, the Company will file with the Commission, and provide furnish to the Trustee and, upon request, to the Holders: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Holders SEC on Forms 10-Q and 10-K if the Company were required to file such 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 the NotesCompany and its consolidated Subsidiaries (showing in reasonable 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 Company and its Restricted Subsidiaries separate from the financial condition and results of operations of the Unrestricted Subsidiaries of the Company, if any) and, with respect to the annual information only, a report thereon by the Company’s certified independent accountants; and (2) all current reports and that would be required to be filed with the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) that are specified in Sections 13 and 15(d) of the Exchange Act within the time periods required; provided, however, that availability of the foregoing materials SEC on the Commission’s ▇▇▇▇▇ service shall be deemed to satisfy the delivery obligations hereunder. In the event that Form 8-K if the Company is not permitted were required to file such reports, documents and information with the Commission pursuant to the Exchange Act, the Company will nevertheless provide such Exchange Act information to the Trustee and the Holders of the Notes as if the Company were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act within the time periods required by law. The Company will be deemed to have satisfied such reporting requirements if Holdings files and provides reports, documents and information of the types otherwise so required, in each case within the applicable time periods, and periods specified in the Company is not required to file such reports, documents and information separately under the applicable SEC’s rules and regulations of the Commission (after giving effect to any exemptive relief) because of the filings by Holdings. (b) Notwithstanding anything in this Supplemental Indenture to the contrary, the Company will not be deemed to have failed to comply with any of its obligations under clause (a) of this Section 405 for purposes of Section 601(3) until 90 days after the date any report hereunder is due. (c) regulations. Delivery of such reports, information and documents to the Trustee pursuant to this Section 405 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 Officer’s Officers’ Certificates). Notwithstanding this Section 4.20, the Company may satisfy such requirements prior to the effectiveness of the registration statement contemplated by the Registration Rights Agreement by filing with the SEC such registration statement, to the extent that any such registration statement contains substantially the same information as would be required to be filed by the Company if it were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, and by providing the Trustee and Holders with such Registration Statement (and any amendments thereto) promptly following the filing thereof. In addition, following the consummation of the Exchange Offer, whether or not required by the rules and regulations of the SEC, the Company will file a copy of all such information and reports with the SEC for public availability within the time periods specified in the SEC’s rules and regulations (unless the SEC will not accept such a filing). In addition, the Company has agreed that, prior to the consummation of the Exchange Offer, for so long as any Notes remain outstanding, it will furnish to the Holders upon their request, the information required to be delivered pursuant to Rule 144(A)(d)(4) under the Securities Act.